Department of Commerce 2006 – Federal Register Recent Federal Regulation Documents

NMFS has received a request from the U.S. Navy for an authorization under the Marine Mammal Protection Act (MMPA) to take marine mammals, by harassment, incidental to conducting operations of Surveillance Towed Array Sensor System (SURTASS) Low Frequency Active (LFA) sonar from August 16, 2007 through August 15, 2012. In order to promulgate regulations and issue annual Letters of Authorization (LOAs) to the Navy, NMFS must determine that these takings will have a negligible impact on the affected species and stocks of marine mammals, will not have an unmitigable impact on the availability of the species or stock(s) for subsistence uses, and must prescribe the means of mitigating the potential impact to the lowest level practicable. NMFS invites comment on the application and suggestions on the content of any future regulations.

The North Pacific Fishery Management Council's (Council) Steller Sea Lion Mitigation Committee (SSLMC) will meet in Seattle, WA.

The Pacific Fishery Management Council's (Council) Coastal Pelagic Species (CPS) advisory bodies will hold meetings, which are open to the public, on October 17-19, 2006. The primary purpose of the meetings is to review the current Pacific sardine Stock Assessment and draft terms of reference for the CPS stock assessment review process.

NMFS has received an application from the Scripps Institution of Oceanography (SIO), a part of the University of California, for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by harassment, incidental to conducting an oceanographic survey in the South Pacific Ocean (SPO). Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to SIO to incidentally take, by harassment, small numbers of several species of cetaceans for a limited period of time in December 2006, and January 2007.

NMFS is opening directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA), effective 0700 hours, Alaska local time (A.l.t.), September 25, 2006. This adjustment is necessary to allow a 12-hour fishery for species that comprise the shallow-water species fishery by vessels using trawl gear in the GOA to resume, without exceeding the 2006 Pacific halibut bycatch allowance specified for the shallow-water species fishery in the GOA.

Notice is hereby given that the Wildlife Conservation Society (WCS), 2300 Southern Blvd., Bronx, New York 10460 [Dr. Howard C. Rosenbaum, Principal Investigator], has been issued an amendment to scientific research Permit No. 31-1741/MA081663.

NMFS announces that the commercial salmon fishery in the Fort Bragg subarea from Horse Mountain to Point Arena, CA, was modified by inseason action and was closed at 3 p.m. on Tuesday, September 5, 2006. This action was necessary to conform to the 2006 management goals, and the intended effect is to allow the fishery to operate within the seasons and quotas specified in the 2006 annual management measures.

In response to requests from interested parties, the Department of Commerce (``the Department'') initiated an administrative review of the antidumping duty order on folding metal tables and chairs (``FMTCs'') from the People's Republic of China (``PRC''), covering the period June 1, 2005, through May 31, 2006. Based on the withdrawal of the request for review with respect to one company, we are rescinding this administrative review, in part.

On May 26, 2006, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on certain small diameter seamless carbon and alloy steel standard, line and pressure pipe (seamless pipe) from Brazil. This administrative review covers V & M do Brasil, S.A. (VMB), a manufacturer/exporter of seamless pipe. The period of review (POR) is August 1, 2004, through July 31, 2005. Based on our analysis of the comments received, we have made changes to certain currency conversion variables, but the margin is unchanged from the preliminary results. The final weighted-average dumping margin for the reviewed firm is shown below in the section entitled ``Final Results of Review.''

Notice is hereby given that National Marine Fisheries Service, Pacific Islands Fisheries Science Center (Responsible Official- Samuel Pooley, Principal Investigator- George Balazs), 2570 Dole Street, Honolulu, HI 96822, has applied in due form for a permit to take green (Chelonia mydas) and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.

NMFS is prohibiting directed fishing for Atka mackerel in the Central Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2006 Atka mackerel total allowable catch (TAC) in the Central Aleutian District of the BSAI.

NMFS proposes regulations to implement measures in Amendment 1 to the Atlantic Herring Fishery Management Plan (FMP). Amendment 1 was developed by the New England Fishery Management Council (Council) to establish a limited access program, and to make other changes in the management of the Atlantic herring fishery. The Amendment 1 measures being proposed include: A limited access program; an open access incidental catch permit; a change in the management area boundaries; establishment of a purse seine/fixed gear-only area; establishment of a maximum sustainable yield (MSY) proxy; an approach to determining the distribution of area-specific Total Allowable Catches (TACs); a multi- year specifications process; a research quota set-aside for herring- related research; a set-aside for fixed gear fisheries; a change in the midwater trawl gear definition; and additional measures that could be implemented through the framework adjustment process. The intent of this action is to provide efficient management of the Atlantic herring fishery and to meet conservation objectives.

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) announce the availability of a Final Record of Decision on the issuance of incidental take permits to the state of Washington under section 10 of the Endangered Species Act for the Washington Forest Practices Habitat Conservation Plan (HCP). The two incidental take permits (one from each of the Services) authorize incidental take of aquatic species (16 listed fish species, 54 unlisted fish species, and 7 unlisted amphibian species) from covered forest practices implemented under the HCP. These forest practices affect approximately 9 million acres of non-Federal and non-tribal lands in Washington State. The permits were issued on June 5, 2006, and will remain in effect for 50 years.

The Department of Commerce is seeking nominations for membership on the Marine Protected Areas Federal Advisory Committee (Committee). The Marine Protected Areas Federal Advisory Committee was established to advise the Secretary of Commerce and the Secretary of the Interior in implementing Section 4 of Executive Order 13158, specifically on strategies and priorities for developing the national system of marine protected areas (MPAs) and on practical approaches to further enhance and expand protection of new and existing MPAs. Nominations are sought for highly qualified non-Federal scientists, resource managers, and people representing other interests or organizations involved with or affected by marine conservation including in the Great Lakes. Fifteen members of the Committee have terms that expire October 31, 2007, and nominations are sought to fill these vacancies. Individuals seeking membership on the Committee should possess demonstrable expertise in a related field or represent a stakeholder interest affected by MPAs. Nominees also will be evaluated based on the following factors: Marine policy experience, leadership and organization skills, region of country represented, and diversity characteristics. The membership reflects the Departments' commitment to attaining balance and diversity. The full text of the Committee Charter and its current membership can be viewed at the Agency's Web page at https://mpa.gov/fac.html.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

The North Pacific Fishery Management Council (Council) Charter Halibut Stakeholder Committee will meet on October 16-18, 2006, in Anchorage, AK.

The Administrator, Northeast Region, NMFS (Regional Administrator) has made a preliminary determination that the subject exempted fishing permit (EFP) application submitted by the Gulf of Maine Research Institute (GMRI) contains all the required information and warrants further consideration. The Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Atlantic Sea Scallop Fishery Management Plan (FMP) and the Northeast Multispecies FMP. However, further review and consultation may be necessary before a final determination is made to issue the EFP. Therefore, NMFS announces that the Regional Administrator proposes to issue an EFP that would allow general category scallop vessels to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the northeastern United States. The EFP would exempt vessels from certain gear restrictions, minimum fish size possession restrictions, and seasonal area restrictions.

NMFS announces that the spiny dogfish commercial quota available to the coastal states from Maine through Florida for the semi-annual quota period, May 1, 2006 - October 31, 2006, has been harvested. Therefore, effective 0001 hours, September 25, 2006, federally permitted commercial vessels may not fish for, possess, transfer, or land spiny dogfish until November 1, 2006, when the Period 2 quota becomes available. Regulations governing the spiny dogfish fishery require publication of this notification to advise the coastal states from Maine through Florida that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing spiny dogfish in these states. This action is necessary to prevent the fishery from exceeding its Period 1 quota and to allow for effective management of this stock.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

NMFS proposes to amend the regulations governing how fishing net mesh size is measured in the Northeast. This proposed change would increase the weight used to measure mesh larger than 120 mm (4.72 inches) in all fisheries. The intent of this proposed rule is to ensure consistent and accurate measurements of fishing net mesh size.

A Biological Review Team (BRT) consisting of biologists from the Maine Atlantic Salmon Commission, Penobscot Indian Nation, NMFS, and U.S. Fish and Wildlife Service (FWS) have completed a Status Review of Atlantic salmon (Status Review for Anadromous Atlantic Salmon (Salmo salar)) in the United States.

On September 1, 2006, the United States Court of International Trade affirmed in part and struck in part the Department of Commerce's redetermination on remand of the final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from France. See SKF USA Inc., SKF France S.A., and Sarma v. United States, Court No. 03-00490, slip op. 06-133 (CIT 2006). The Department is now issuing this notice of court decision not in harmony with the Department's determination.

NMFS is adjusting the 2006 Pacific cod total allowable catch (TAC) amount in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to allow harvest of Pacific cod that will not be harvested under the State of Alaska's guideline harvest level (GHL) for the Aleutian Islands subarea state waters Pacific cod fishery. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the BSAI (FMP).