Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit, 43994-43995 [2021-17147]

Download as PDF 43994 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–909] Certain Steel Nails From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 3, 2021, the U.S. Court of International Trade (CIT) issued its final judgment in Simpson Strong-Tie Company v. United States, Court No. 17–00287, sustaining the Department of Commerce (Commerce)’s remand redetermination pertaining to a scope ruling in which Commerce found Simpson Strong-Tie Company’s (Simpson’s) split-drive anchors to be outside the scope of the antidumping duty (AD) order on certain steel nails (nails) from the People’s Republic of China (China). Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s scope ruling, and that Commerce is amending the scope ruling to find that split-drive anchors are not covered by the order. DATES: Applicable August 13, 2021. FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2517. AGENCY: jbell on DSKJLSW7X2PROD with NOTICES Background On December 1, 2017, Commerce found Simpson’s split-drive anchors, which consist of a split shank and a blunt tip, to be within the scope of the AD order on nails from China.1 Simpson appealed Commerce’s Final Scope Ruling. On June 12, 2019, and July 22, 2019, the CIT stayed the case pending a final and conclusive determination from the U.S. Court of Appeals for the Federal Circuit (CAFC) in a case involving a similar product. On August 28, 2020, the CAFC issued a final ruling that case.2 In light of the CAFC’s decision, Commerce requested that the CIT remand this matter for further consideration. On November 18, 1 See Memorandum, ‘‘Final Scope Ruling on Simpson Strong-Tie Company’s Anchors,’’ dated December 1, 2017 (Final Scope Ruling). 2 See OMG, Inc. v. United States, 972 F.3d 1358 (Fed. Cir. 2020). VerDate Sep<11>2014 23:05 Aug 10, 2021 Jkt 253001 2020, the CIT remanded the Final Scope Ruling to Commerce.3 In its final remand redetermination, issued in February 2021, Commerce found Simpson’s split-drive anchors to be outside the scope of the AD order on nails from China.4 The CIT sustained Commerce’s final redetermination.5 Dated: August 5, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–17095 Filed 8–10–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Timken Notice In its decision in Timken,6 as clarified by Diamond Sawblades,7 the CAFC held that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s August 3, 2021, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Scope Ruling. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Scope Ruling In accordance with the CIT’s August 3, 2021, final judgment, Commerce is amending its Final Scope Ruling and finds that the scope of the AD order on nails from China does not cover the products addressed in the Final Scope Ruling. Liquidation of Suspended Entries Commerce will instruct U.S. Customs and Border Protection (CBP) that, pending any appeals, Simpson’s splitdrive anchors will not be subject to a cash deposit requirement. In the event that the CIT’s final judgment is not appealed or is upheld on appeal, Commerce will instruct CBP to liquidate entries of Simpson’s split-drive anchors without regard to antidumping duties and to lift suspension of liquidation of such entries. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) of the Act. 3 See Simpson Strong-Tie Co. v. United States, Court No. 17–00287, ECF No. 50 (CIT November 18, 2020). 4 See Final Results of Redetermination Pursuant to Simpson Strong-Tie Co. v. United States, Court No. 17–00287, ECF No. 50 (CIT November 18, 2020), dated February 16, 2021. 5 See Simpson Strong-Tie Co. v. United States, Slip Op. 21–95, Court No. 17–00269 (CIT 2021). 6 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 7 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 National Oceanic and Atmospheric Administration [RTID 0648–XB215] Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. AGENCY: NMFS has determined that seven exempted fishing permit (EFP) applications warrant further consideration and is requesting public comment on the applications. All EFP applicants request an exemption from a single prohibition (the use of unauthorized gear to harvest highly migratory species (HMS)) under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) to test the effects and efficacy of using standard deep-set buoy gear (DSBG), and/or deep-set linked buoy gear (DSLBG), to harvest swordfish and other HMS off of the U.S. West Coast. DATES: Comments must be submitted in writing by September 10, 2021. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2020–0070, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA–NMFS–2020–0070, in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. • Mail: Attn: Chris Fanning, NMFS West Coast Region, 501 W Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier ‘‘NOAA–NMFS– 2020–0070’’ in the comments. • Email: wcr.hms@noaa.gov. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record SUMMARY: E:\FR\FM\11AUN1.SGM 11AUN1 43995 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Chris Fanning, NMFS, West Coast Region, 562–980–4198. SUPPLEMENTARY INFORMATION: DSBG fishing trials have occurred for the past 11 years (2011–2015, research years; 2015–2021, EFP years) in the U.S. West Coast Exclusive Economic Zone (EEZ) off California. The data collected from this fishing activity have demonstrated DSBG to achieve about a 95 percent marketable catch composition. Nonmarketable catch rates have remained low and all non-marketable catch were released alive. Due to DSBG being actively tended, strikes are capable of being detected within minutes of a hooking on the line; as a result, all catches can be tended quickly, with catch brought to the vessel in good condition. To date, DSBG has had five observed or reported interactions with protected species, four Northern elephant seals and one loggerhead sea turtle, which were not seriously injured and were released alive due to the quick strike detection of the gear. Northern elephant seals are protected by the Marine Mammal Protection Act, and loggerhead sea turtles are protected by the Endangered Species Act. DSLBG trials have produced similar data to DSBG activities. Swordfish and other marketable species have represented about 90 percent of the catch. Non-marketable species are released alive due to DSLBG quick strike detection and active gear tending. To date, there have been no observed or reported interactions with protected species using DSLBG. At its June 2021 meeting, the Pacific Fishery Management Council (Council) received ten applications for EFPs in time for review and recommended that NMFS issue seven of these EFPs to authorize use of DSBG and/or DSLBG (see Table 1), and recommended further Council consideration of the remaining three EFP applications at its September 2021 meeting. Council recommendations can be found on the June 2021 meeting Decision Document here, https://www.pcouncil.org/june2021-decision-document/#HMS. At this time, NMFS is requesting public comment on the seven DSBG EFP applications recommended by the Council in June 2021. NMFS will take the Council’s comments into consideration along with public comments on whether or not to issue these EFPs. If all seven of the June 2021 Council recommended applications are approved, a total of 52 vessels would be allowed to fish with permitted exemptions from the prohibitions related to unauthorized fishing gears used to target swordfish within the U.S. EEZ under the Fishery Management Plan for U.S. West Coast Fisheries for (HMS FMP) throughout the duration of their respective EFPs. Thirty-seven of the vessels would be permitted to fish with DSBG only and 15 of the vessels would be permitted to fish using both DSBG and DSLBG. Aside from the exemption described above, vessels fishing under an EFP would be subject to all other regulations implemented in the HMS FMP, including measures to protect sea turtles, marine mammals, and seabirds. TABLE 1—SUMMARY OF DEEP-SET BUOY GEAR EXEMPTED FISHING PERMIT APPLICATIONS RECOMMENDED AT THE JUNE 2021 COUNCIL MEETING * Number of vessels F.3 attachment No. Applicant name 1 .................................................... 3 .................................................... 5 .................................................... 6 .................................................... 7 .................................................... 8 .................................................... 10 .................................................. Austin and Robert Ashe ..................................................... Austin Brown ...................................................................... Miguel Ferre ....................................................................... Scott and Wyatt Hawkins ................................................... Blake Hermann ................................................................... Markus Medak, Brian Sims, and Daniel Fuller .................. Mathew Rimmel .................................................................. Fishing method 1 1 1 1 1 1 1 StandardDSBG. Standard and Linked DSBG. Standard DSBG. Linked DSBG. Standard DSBG. Linked DSBG. Standard DSBG. jbell on DSKJLSW7X2PROD with NOTICES * Linked DSBG vessels can also use standard deep-set buoy gear (https://www.pcouncil.org/june-2021-briefing-book/#F). NMFS will consider all public comments submitted in response to this Federal Register notice prior to issuance of any EFP. Additionally, NMFS has analyzed the effects of issuing DSBG and DSLBG EFPs in accordance with the National Environmental Policy Act and NOAA’s Administrative Order 216–6, as well as for compliance with other applicable laws, including Section 7(a)(2) of the Endangered Species Act (16 U.S.C. 1531 et seq.), which requires the agency to consider whether the proposed action is likely to jeopardize the continued existence and recovery of any endangered or threatened species or result in the destruction or adverse modification of critical habitat. Authority: 16 U.S.C. 1801 et seq. VerDate Sep<11>2014 23:05 Aug 10, 2021 Jkt 253001 Dated: August 6, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–17147 Filed 8–10–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB301] East Coast Fisheries of the United States; Public Meetings; Request for Comments National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. Several fishery management bodies on the East Coast of the Atlantic Ocean are convening three public webinars to introduce a project called East Coast Climate Change Scenario Planning. This is a joint effort of the Atlantic States Marine Fisheries Commission (ASMFC), the New England Fishery Management Council (NEFMC), the Mid-Atlantic Fishery Management Council (MAFMC), the South Atlantic Fishery Management Council (SAFMC), and NOAA Fisheries. These webinars will introduce stakeholders to the overall initiative, present draft objectives, discuss potential outcomes, explain the general SUMMARY: E:\FR\FM\11AUN1.SGM 11AUN1

Agencies

[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Pages 43994-43995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17147]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB215]


Magnuson-Stevens Fishery Conservation and Management Act; General 
Provisions for Domestic Fisheries; Application for Exempted Fishing 
Permit

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

ACTION: Notice; request for comments.

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

SUMMARY: NMFS has determined that seven exempted fishing permit (EFP) 
applications warrant further consideration and is requesting public 
comment on the applications. All EFP applicants request an exemption 
from a single prohibition (the use of unauthorized gear to harvest 
highly migratory species (HMS)) under the Fishery Management Plan for 
U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) to 
test the effects and efficacy of using standard deep-set buoy gear 
(DSBG), and/or deep-set linked buoy gear (DSLBG), to harvest swordfish 
and other HMS off of the U.S. West Coast.

DATES: Comments must be submitted in writing by September 10, 2021.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2020-0070, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2020-0070, in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Attn: Chris Fanning, NMFS West Coast Region, 501 W 
Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier 
``NOAA-NMFS-2020-0070'' in the comments.
     Email: [email protected].
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record

[[Page 43995]]

and will generally be posted for public viewing on www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.), confidential business information, or otherwise 
sensitive information submitted voluntarily by the sender will be 
publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' 
in the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Chris Fanning, NMFS, West Coast 
Region, 562-980-4198.

SUPPLEMENTARY INFORMATION: DSBG fishing trials have occurred for the 
past 11 years (2011-2015, research years; 2015-2021, EFP years) in the 
U.S. West Coast Exclusive Economic Zone (EEZ) off California. The data 
collected from this fishing activity have demonstrated DSBG to achieve 
about a 95 percent marketable catch composition. Non-marketable catch 
rates have remained low and all non-marketable catch were released 
alive. Due to DSBG being actively tended, strikes are capable of being 
detected within minutes of a hooking on the line; as a result, all 
catches can be tended quickly, with catch brought to the vessel in good 
condition. To date, DSBG has had five observed or reported interactions 
with protected species, four Northern elephant seals and one loggerhead 
sea turtle, which were not seriously injured and were released alive 
due to the quick strike detection of the gear. Northern elephant seals 
are protected by the Marine Mammal Protection Act, and loggerhead sea 
turtles are protected by the Endangered Species Act.
    DSLBG trials have produced similar data to DSBG activities. 
Swordfish and other marketable species have represented about 90 
percent of the catch. Non-marketable species are released alive due to 
DSLBG quick strike detection and active gear tending. To date, there 
have been no observed or reported interactions with protected species 
using DSLBG.
    At its June 2021 meeting, the Pacific Fishery Management Council 
(Council) received ten applications for EFPs in time for review and 
recommended that NMFS issue seven of these EFPs to authorize use of 
DSBG and/or DSLBG (see Table 1), and recommended further Council 
consideration of the remaining three EFP applications at its September 
2021 meeting. Council recommendations can be found on the June 2021 
meeting Decision Document here, https://www.pcouncil.org/june-2021-decision-document/#HMS.
    At this time, NMFS is requesting public comment on the seven DSBG 
EFP applications recommended by the Council in June 2021. NMFS will 
take the Council's comments into consideration along with public 
comments on whether or not to issue these EFPs. If all seven of the 
June 2021 Council recommended applications are approved, a total of 52 
vessels would be allowed to fish with permitted exemptions from the 
prohibitions related to unauthorized fishing gears used to target 
swordfish within the U.S. EEZ under the Fishery Management Plan for 
U.S. West Coast Fisheries for (HMS FMP) throughout the duration of 
their respective EFPs. Thirty-seven of the vessels would be permitted 
to fish with DSBG only and 15 of the vessels would be permitted to fish 
using both DSBG and DSLBG. Aside from the exemption described above, 
vessels fishing under an EFP would be subject to all other regulations 
implemented in the HMS FMP, including measures to protect sea turtles, 
marine mammals, and seabirds.

Table 1--Summary of Deep-Set Buoy Gear Exempted Fishing Permit Applications Recommended at the June 2021 Council
                                                    Meeting *
----------------------------------------------------------------------------------------------------------------
                                                           Number of
        F.3 attachment No.            Applicant name        vessels                  Fishing method
----------------------------------------------------------------------------------------------------------------
1................................  Austin and Robert                 1  StandardDSBG.
                                    Ashe.
3................................  Austin Brown.......               1  Standard and Linked DSBG.
5................................  Miguel Ferre.......               1  Standard DSBG.
6................................  Scott and Wyatt                   1  Linked DSBG.
                                    Hawkins.
7................................  Blake Hermann......               1  Standard DSBG.
8................................  Markus Medak, Brian               1  Linked DSBG.
                                    Sims, and Daniel
                                    Fuller.
10...............................  Mathew Rimmel......               1  Standard DSBG.
----------------------------------------------------------------------------------------------------------------
* Linked DSBG vessels can also use standard deep-set buoy gear (https://www.pcouncil.org/june-2021-briefing-book/#F).

    NMFS will consider all public comments submitted in response to 
this Federal Register notice prior to issuance of any EFP. 
Additionally, NMFS has analyzed the effects of issuing DSBG and DSLBG 
EFPs in accordance with the National Environmental Policy Act and 
NOAA's Administrative Order 216-6, as well as for compliance with other 
applicable laws, including Section 7(a)(2) of the Endangered Species 
Act (16 U.S.C. 1531 et seq.), which requires the agency to consider 
whether the proposed action is likely to jeopardize the continued 
existence and recovery of any endangered or threatened species or 
result in the destruction or adverse modification of critical habitat.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 6, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-17147 Filed 8-10-21; 8:45 am]
BILLING CODE 3510-22-P
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