Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits, 21320-21321 [2016-08256]

Download as PDF 21320 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices concerning our finding of no shipments by these 11 companies. In these final results of review, we continue to determine that these 11 companies had no shipments of subject merchandise during the POR. mstockstill on DSK4VPTVN1PROD with NOTICES Assessment Rates Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b), the Department has determined, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of these final results of review. We intend to instruct CBP to liquidate POR entries of subject merchandise from the seven companies, including Shanghai Jian Pu, which failed to establish their eligibility for separate rate status at the rate applicable to the PRC-wide entity. For the 11 companies which the Department determined had no shipments during the POR, all suspended entries under any of those companies’ antidumping case numbers will be liquidated at the assessment rate for the PRC-wide entity.8 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date in the Federal Register of the final results of review, as provided by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters which are not under review in this segment of the proceeding but which have separate rates, the cash deposit rate will continue to be the existing exporter-specific rate; (2) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, including Shanghai Jian Pu and the six companies noted above, the cash deposit rate will be the rate for the PRCwide entity, which is 216.01 percent; (3) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. These final results of review are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213. Dated: April 1, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix Summary Background Scope of the Order Discussion of the Issues Comment 1: Treatment of Shanghai Jian Pu Import & Export Co. Ltd. Recommendation [FR Doc. 2016–08233 Filed 4–8–16; 8:45 am] Inc.; and (11) Zhejiang Tianyi Scientific & Educational Equipment Co., Ltd. 8 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). VerDate Sep<11>2014 18:37 Apr 08, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 National Oceanic and Atmospheric Administration RIN 0648–XE552 This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. AGENCY: The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application submitted by The Nature Conservancy contains all of the required information and warrants further consideration. This Exempted Fishing Permit would allow participants to use electronic monitoring systems in lieu of at-sea monitors in support of a study to develop electronic monitoring for the purposes of catch monitoring in the groundfish fishery. Regulations under the MagnusonStevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits. DATES: Comments must be received on or before April 26, 2016. ADDRESSES: You may submit written comments by any of the following methods: • Email: nmfs.gar.efp@noaa.gov. Include in the subject line ‘‘TNC EM EFP.’’ • Mail: John K. Bullard, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope ‘‘TNC EM EFP.’’ FOR FURTHER INFORMATION CONTACT: Brett Alger, Groundfish Sector Policy Analyst, 978–675–2153. SUPPLEMENTARY INFORMATION: In 2010, NMFS implemented Amendment 16 to the Northeast (NE) Multispecies Fishery Management Plan (FMP), which revised and expanded the sector management system and established annual catch limits and accountability measures for each stock in the fishery. In order to reliably estimate sector catch and monitor sector operations, Amendment 16 included new requirements for groundfish sectors to implement and SUMMARY: E:\FR\FM\11APN1.SGM 11APN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices fund an at-sea monitoring (ASM) program. Amendment 16 also included a provision that allows electronic monitoring (EM) to be used to satisfy this monitoring requirement, provided NMFS deems the technology sufficient for the purposes of catch accounting. There are likely different visions for what an EM system entails, but generally EM incorporates video cameras, sensors, and electronic reporting systems into a vessel’s fishing operations. Depending on the program design, EM has the potential to reduce the expenses associated with monitoring groundfish sectors, and, at the same time, increase accountability and monitoring in the fishery. However, moving away from human observers has its trade-offs; the types and quality of data can be different between EM and ASMs. Simply stated, EM may be a suitable replacement to ASM, provided EM has the ability to identify species, and verify weights and counts of discards in the groundfish fishery. For the groundfish fishery, the program designs being considered are the ‘‘audit model’’ and the ‘‘maximized retention model.’’ The audit model would use EM to verify discards reported by a captain on a vessel trip report. Under the maximized retention model, vessels would be required to retain most fish species (e.g., allocated groundfish stocks), be allowed to discard others (e.g., protected species), and EM would be used to ensure compliance with discarding regulations. NMFS has not yet approved EM as a suitable alternative to ASM for the groundfish fishery. However, there have been several efforts in recent years to develop EM as a monitoring tool in the fishery. NMFS has been collaborating with The Nature Conservancy (TNC), the Gulf of Maine Research Institute, the Maine Coast Fishermen’s Association, the Cape Cod Commercial Fishermen’s Alliance, and Ecotrust Canada to implement a program that uses EM for monitoring in the groundfish fishery. NMFS has been building database infrastructure and processing tools for data collected from EM video footage, conducting comparative analysis to the existing catch monitoring systems in the fishery, and addressing additional legal and logistical hurdles. However, there are some challenges that remain that will require additional EM data and analysis to resolve. For example, an EM program must specify how much video needs to be reviewed to satisfy the monitoring objectives, and best practices need to be developed for species that are difficult to identify using EM. VerDate Sep<11>2014 18:37 Apr 08, 2016 Jkt 238001 To further examine these issues and develop EM, TNC submitted a complete application for an EFP on March 17, 2016, to enable data collection activities and catch monitoring that the regulations on commercial fishing would otherwise restrict. The EFP would support an EM study intended to improve the functionality of EM systems, optimize fish handling protocols by participating fishermen, and continue development of EM as a monitoring tool for the groundfish fishery. Results of this study would be used to inform the approval and implementation of EM in the fishery. The EFP would exempt participating vessels from adhering to its sector’s monitoring plan, which requires the deployment of ASMs on sector trips selected for ASM coverage. While participating in the EM study, vessels would use EM to replace ASMs when selected for ASM coverage. EM would not replace Northeast Fishery Observer Program (NEFOP) observers. Approximately 20 sector vessels would participate in this project, including participants from the Georges Bank Cod Fixed Gear Sector, the Maine Coast Community Sector, the Northeast Fishery Sector 11, and possibly additional sectors as well. Under the EFP, vessels would declare sector trips in the Pre-Trip Notification System, as required by the FMP. However, if selected for ASM coverage, the vessel would be issued an ASM waiver and instead be required to turn on the EM system for the entire fishing trip. If selected for NEFOP coverage, the vessel would fish with a NEFOP observer and would also turn on the EM system for the entire trip. A third-party provider would review 100 percent of the video from each EM trip, and NMFS would audit the provider(s) to verify the accuracy of the EM data collected. For sector monitoring, NMFS uses a combination of the discard data collected from NEFOP observers and ASMs to estimate discards. For vessels participating in this EFP, NMFS would use the EM data collected in place of the ASM data. All other catch monitoring under the EFP would be consistent with standard sector monitoring, such as using dealer-reported landings and vessel trip reports. Across all participants, TNC expects approximately 900 total trips throughout the 2016 fishing year. If the target observer coverage was set at 14 percent, as proposed in Framework Adjustment 55 to the NE Multispecies FMP, this would result in approximately 126 EM trips. Some of these trips would have a NEFOP observer onboard as well. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 21321 All catch of groundfish stocks allocated to sectors by vessels would be deducted from the sector’s annual catch entitlement for each NE multispecies stock. Legal-sized regulated groundfish would be retained and landed, as required by the FMP. Undersized groundfish would be handled according to the EM project guidelines in view of cameras and returned to the sea as quickly as possible. All other species would be handled per normal commercial fishing operations. No legalsize regulated groundfish would be discarded, unless otherwise permitted through regulatory exemptions granted to the participating vessel’s sector. If approved, the applicant may request minor modifications and extensions to the EFP throughout the year. EFP modifications and extensions may be granted without further notice if they are deemed essential to facilitate completion of the proposed research and have minimal impacts that do not change the scope or impact of the initially approved EFP request. Any fishing activity conducted outside the scope of the exempted fishing activity would be prohibited. Authority: 16 U.S.C. 1801 et seq. Dated: April 6, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–08256 Filed 4–8–16; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XE536 Marine Fisheries Advisory Committee Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of open public meeting. AGENCY: This notice sets forth the proposed schedule and agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on issues outlined under SUPPLEMENTARY INFORMATION below. DATES: The meeting will be held April 25–27, 2016, from 8:30 a.m. to 5 p.m. ADDRESSES: The meeting will be held at the Hotel Monaco Portland, 506 SW. Washington Street, Portland, OR 97204; 503–222–0001. SUMMARY: E:\FR\FM\11APN1.SGM 11APN1

Agencies

[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21320-21321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08256]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE552


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permits

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

ACTION: Notice; request for comments.

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

SUMMARY: The Assistant Regional Administrator for Sustainable 
Fisheries, Greater Atlantic Region, NMFS, has made a preliminary 
determination that an Exempted Fishing Permit application submitted by 
The Nature Conservancy contains all of the required information and 
warrants further consideration. This Exempted Fishing Permit would 
allow participants to use electronic monitoring systems in lieu of at-
sea monitors in support of a study to develop electronic monitoring for 
the purposes of catch monitoring in the groundfish fishery.
    Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act require publication of this notification to provide 
interested parties the opportunity to comment on applications for 
proposed Exempted Fishing Permits.

DATES: Comments must be received on or before April 26, 2016.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: nmfs.gar.efp@noaa.gov. Include in the subject line 
``TNC EM EFP.''
     Mail: John K. Bullard, Regional Administrator, NMFS, 
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, 
Gloucester, MA 01930. Mark the outside of the envelope ``TNC EM EFP.''

FOR FURTHER INFORMATION CONTACT: Brett Alger, Groundfish Sector Policy 
Analyst, 978-675-2153.

SUPPLEMENTARY INFORMATION: In 2010, NMFS implemented Amendment 16 to 
the Northeast (NE) Multispecies Fishery Management Plan (FMP), which 
revised and expanded the sector management system and established 
annual catch limits and accountability measures for each stock in the 
fishery. In order to reliably estimate sector catch and monitor sector 
operations, Amendment 16 included new requirements for groundfish 
sectors to implement and

[[Page 21321]]

fund an at-sea monitoring (ASM) program. Amendment 16 also included a 
provision that allows electronic monitoring (EM) to be used to satisfy 
this monitoring requirement, provided NMFS deems the technology 
sufficient for the purposes of catch accounting. There are likely 
different visions for what an EM system entails, but generally EM 
incorporates video cameras, sensors, and electronic reporting systems 
into a vessel's fishing operations. Depending on the program design, EM 
has the potential to reduce the expenses associated with monitoring 
groundfish sectors, and, at the same time, increase accountability and 
monitoring in the fishery. However, moving away from human observers 
has its trade-offs; the types and quality of data can be different 
between EM and ASMs. Simply stated, EM may be a suitable replacement to 
ASM, provided EM has the ability to identify species, and verify 
weights and counts of discards in the groundfish fishery.
    For the groundfish fishery, the program designs being considered 
are the ``audit model'' and the ``maximized retention model.'' The 
audit model would use EM to verify discards reported by a captain on a 
vessel trip report. Under the maximized retention model, vessels would 
be required to retain most fish species (e.g., allocated groundfish 
stocks), be allowed to discard others (e.g., protected species), and EM 
would be used to ensure compliance with discarding regulations. NMFS 
has not yet approved EM as a suitable alternative to ASM for the 
groundfish fishery. However, there have been several efforts in recent 
years to develop EM as a monitoring tool in the fishery.
    NMFS has been collaborating with The Nature Conservancy (TNC), the 
Gulf of Maine Research Institute, the Maine Coast Fishermen's 
Association, the Cape Cod Commercial Fishermen's Alliance, and Ecotrust 
Canada to implement a program that uses EM for monitoring in the 
groundfish fishery. NMFS has been building database infrastructure and 
processing tools for data collected from EM video footage, conducting 
comparative analysis to the existing catch monitoring systems in the 
fishery, and addressing additional legal and logistical hurdles. 
However, there are some challenges that remain that will require 
additional EM data and analysis to resolve. For example, an EM program 
must specify how much video needs to be reviewed to satisfy the 
monitoring objectives, and best practices need to be developed for 
species that are difficult to identify using EM.
    To further examine these issues and develop EM, TNC submitted a 
complete application for an EFP on March 17, 2016, to enable data 
collection activities and catch monitoring that the regulations on 
commercial fishing would otherwise restrict. The EFP would support an 
EM study intended to improve the functionality of EM systems, optimize 
fish handling protocols by participating fishermen, and continue 
development of EM as a monitoring tool for the groundfish fishery. 
Results of this study would be used to inform the approval and 
implementation of EM in the fishery.
    The EFP would exempt participating vessels from adhering to its 
sector's monitoring plan, which requires the deployment of ASMs on 
sector trips selected for ASM coverage. While participating in the EM 
study, vessels would use EM to replace ASMs when selected for ASM 
coverage. EM would not replace Northeast Fishery Observer Program 
(NEFOP) observers. Approximately 20 sector vessels would participate in 
this project, including participants from the Georges Bank Cod Fixed 
Gear Sector, the Maine Coast Community Sector, the Northeast Fishery 
Sector 11, and possibly additional sectors as well.
    Under the EFP, vessels would declare sector trips in the Pre-Trip 
Notification System, as required by the FMP. However, if selected for 
ASM coverage, the vessel would be issued an ASM waiver and instead be 
required to turn on the EM system for the entire fishing trip. If 
selected for NEFOP coverage, the vessel would fish with a NEFOP 
observer and would also turn on the EM system for the entire trip. A 
third-party provider would review 100 percent of the video from each EM 
trip, and NMFS would audit the provider(s) to verify the accuracy of 
the EM data collected. For sector monitoring, NMFS uses a combination 
of the discard data collected from NEFOP observers and ASMs to estimate 
discards. For vessels participating in this EFP, NMFS would use the EM 
data collected in place of the ASM data. All other catch monitoring 
under the EFP would be consistent with standard sector monitoring, such 
as using dealer-reported landings and vessel trip reports.
    Across all participants, TNC expects approximately 900 total trips 
throughout the 2016 fishing year. If the target observer coverage was 
set at 14 percent, as proposed in Framework Adjustment 55 to the NE 
Multispecies FMP, this would result in approximately 126 EM trips. Some 
of these trips would have a NEFOP observer onboard as well.
    All catch of groundfish stocks allocated to sectors by vessels 
would be deducted from the sector's annual catch entitlement for each 
NE multispecies stock. Legal-sized regulated groundfish would be 
retained and landed, as required by the FMP. Undersized groundfish 
would be handled according to the EM project guidelines in view of 
cameras and returned to the sea as quickly as possible. All other 
species would be handled per normal commercial fishing operations. No 
legal-size regulated groundfish would be discarded, unless otherwise 
permitted through regulatory exemptions granted to the participating 
vessel's sector.
    If approved, the applicant may request minor modifications and 
extensions to the EFP throughout the year. EFP modifications and 
extensions may be granted without further notice if they are deemed 
essential to facilitate completion of the proposed research and have 
minimal impacts that do not change the scope or impact of the initially 
approved EFP request. Any fishing activity conducted outside the scope 
of the exempted fishing activity would be prohibited.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: April 6, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-08256 Filed 4-8-16; 8:45 am]
 BILLING CODE 3510-22-P