Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices 16385 

2See also ‘‘Memorandum to the File, from Paul 

Walker, Acting Program Manager, ‘‘Certain Frozen 

Warmwater Shrimp From the Socialist Republic of 

Vietnam: Placing CBP data on the record,’’ dated 

concurrently with this notice. 

3See ‘‘Memorandum to the File, from Paul 

Walker, Acting Program Manager, ‘‘Certain Frozen 

Warmwater Shrimp From the Socialist Republic of 

Vietnam: New Shipper Initiation Checklist,’’ dated 

concurrently with this notice. 

4See section 351.214(g)(1)(i)(B) of the 

Department’s regulations. 

5See section 751(a)(2)(B)(iv) of the Act. 

exported subject merchandise to the 

United States during the POI, including 

those respondents not individually 

examined during the investigation. As 

required by section 351.214(b)(2)(iii)(B) 

of the Department’s regulations, Thong 

Thuan also certified that its export 

activities were not controlled by the 

central government of Vietnam. 

In addition to the certifications 

described above, pursuant to section 

351.214(b)(2)(iv) of the Department’s 

regulations, Thong Thuan submitted 

documentation establishing the 

following: (1) The date on which Thong 

Thuan first shipped subject 

merchandise for export to the United 

States and; (2) the volume of its first 

shipment; and (3) the date of its first 

sale to an unaffiliated customer in the 

United States.2

Initiation of New Shipper Review 

Pursuant to section 751(a)(2)(B) of the 

Act and section 351.214(d)(1) of the 

Department’s regulations, we find that 

the request submitted by Thong Thuan 

meets the threshold requirements for 

initiation of a NSR for shipments of 

shrimp from Vietnam produced and 

exported by Thong Thuan.3 The POR is 

February 1, 2010—January 31, 2011.4

The Department intends to issue the 

preliminary results of this NSR no later 

than 180 days from the date of 

initiation, and the final results no later 

than 270 days from the date of 

initiation.5

It is the Department’s usual practice, 

in cases involving non-market 

economies, to require that a company 

seeking to establish eligibility for an 

antidumping duty rate separate from the 

NME entity-wide rate provide evidence 

of de jure and de facto absence of 

government control over the company’s 

export activities. Accordingly, we will 

issue questionnaires to Thong Thuan, 

which will include a section requesting 

information with regard to Thong 

Thuan’s export activities for separate 

rate purposes. The NSR will proceed if 

the response provides sufficient 

indication that Thong Thuan is not 

subject to either de jure or de facto 

government control with respect to its 

export of subject merchandise. 

We will instruct U.S. Customs and 

Border Protection to allow, at the option 

of the importer, the posting, until the 

completion of the review, of a bond or 

security in lieu of a cash deposit for 

each entry of the subject merchandise 

from Thong Thuan in accordance with 

section 751(a)(2)(B)(iii) of the Act and 

section 351.214(e) of the Department’s 

regulations. Because Thong Thuan 

certified that it both produced and 

exported the subject merchandise, the 

sale of which is the basis for this new 

shipper review request, we will apply 

the bonding privilege to Thong Thuan 

only for subject merchandise which 

Thong Thuan both produced and 

exported. 

Interested parties requiring access to 

proprietary information in this NSR 

should submit applications for 

disclosure under administrative 

protective order in accordance with 

sections 351.305 and 351.306 of the 

Department’s regulations. 

This initiation and notice are in 

accordance with section 751(a)(2)(B) of 

the Act and sections 351.214 and 

351.221(c)(1)(i) of the Department’s 

regulations. 

Dated: March 14, 2011. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2011–6881 Filed 3–22–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA313 

Gulf of Mexico Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council will convene 

public meetings. 

DATES: The meetings will be held April 

11–14, 2011. 

ADDRESSES: The meetings will be held at 

the Perdido Beach Resort, 27200 

Perdido Beach Boulevard, Orange 

Beach, AL 36561; telephone: (251) 981– 

9811. 

Council address: Gulf of Mexico 

Fishery Management Council, 2203 

North Lois Avenue, Suite 1100, Tampa, 

FL 33607. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Stephen Bortone, Executive Director, 

Gulf of Mexico Fishery Management 

Council; telephone: (813) 348–1630. 

SUPPLEMENTARY INFORMATION: 

Council 

Wednesday, April 13, 2011 

3:30 p.m.—The Council meeting will 

begin with a review of the agenda 

and approval of the minutes. 

3:45 p.m.–4 p.m.—The Council will 

receive a presentation titled 

‘‘Fisheries 101.’’ 

4 p.m.–6 p.m.—The Council will receive 

public testimony on exempted 

fishing permits (EFPs), if any; Final 

Action on the interim rule for gag 

grouper; and hold an open public 

comment period regarding any 

fishery issue of concern. People 

wishing to speak before the Council 

should complete a public comment 

card prior to the comment period. 

Thursday, April 14, 2011 

8:30 a.m.–10 a.m.—The Council will 

receive presentations on fishery 

dependent/independent sampling 

and on the oil spill recovery in the 

Gulf of Mexico. 

10 a.m.–3:45 p.m.—The Council will 

review and discuss reports from the 

committee meetings as follows: 

Budget/Personnel; Coastal 

Migratory Pelagic (Mackerel); 

Sustainable Fisheries/Ecosystem; 

Joint Allocation/Reef Fish; 

Advisory Panel Selection; Scientific 

& Statistical Committee Selection; 

and Reef Fish. 

3:45 p.m.–4:15 p.m.—Other Business 

items will follow from. The Council 

will conclude its meeting at 

approximately 4:15 p.m. 

Committees 

Monday, April 11, 2011 

8:30 a.m.–11:30 a.m.—Closed Session— 

The Advisory Panel Selection 

Committee/Full Council will meet 

to conduct the bi-annual 

appointment of members to the 

various Advisory Panels. 

1 p.m.–3:30 p.m.—Closed Session—The 

Scientific & Statistical Committees 

Selection Committee/Full Council 

will meet to conduct the bi-annual 

appointment of members to the 

various Scientific & Statistical 

Committees. 

3:30 p.m.–4 p.m.—The Budget/ 

Personnel Committee will receive a 

report on the 2011 Council budget. 

4 p.m.–5 p.m.—A joint meeting of the 

Allocation and Reef Fish 

Management Committees will be 

held to discuss Reef Fish 


jlentini on DSKJ8SOYB1PROD with NOTICES
16386 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices 

1Memorandum from Cameron F. Kerry, 

Commerce Department General Counsel, and Lois 

Schiffer, NOAA General Counsel, Legal Opinion 

Regarding Collection and Use of Fines, Penalties, 

and Forfeiture Proceeds Pursuant to Section 

311(e)(1) of the Magnuson-Stevens, Fishery 

Conservation and Management Act (Feb. 28, 2011). 

Amendment 28 that addresses 

grouper allocation. 

—Recess— 

Tuesday, April 12, 2011 

8:30 a.m.–11:30 a.m. & 1 p.m.–3 p.m.— 

The Sustainable Fisheries/ 

Ecosystem Management Committee 

will review a public hearing draft of 

the Generic Annual Catch Limits/ 

Accountability Measure 

Amendment. The Committee will 

also review sector separation 

scenarios. 

3 p.m.–5 p.m.—The Coastal Migratory 

Pelagics (Mackerel) Management 

Committee will review the public 

hearing draft of Amendment 18 to 

the Coastal Migratory Pelagics 

Fishery Management Plan 

—Recess— 

Immediately Following Committee 

Recess—There will be an informal 

open public question and answer 

session on Gulf of Mexico Fishery 

Management Issues. 

Wednesday, April 13, 2011 

8:30 a.m.–11:30 a.m. & 1 p.m.–3:15 

p.m.—The Reef Fish Management 

Committee will discuss the final 

action on the gag interim rule; 

review a public hearing draft of 

Reef Fish Amendment 32 to the 

Reef Fish Fishery Management 

Plan; received a report on the 

greater amberjack update 

assessment; receive a summary of 

the scoping meetings on the Earned 

Income Requirement/Crew Size 

Amendment to the Reef Fish 

Fishery Management Plan; and 

receive a report on the Reef Fish 

Limited Access Privilege Program 

Advisory Panel meeting. 

3:15 p.m.–3:30 p.m.–The Joint Shrimp/ 

Reef Fish Management Committee 

will discuss the adjustment to the 

shrimp trawl red snapper bycatch 

mortality target goal. 

Although other non-emergency issues 

not on the agendas may come before the 

Council and Committees for discussion, 

in accordance with the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), those issues may not be the subject 

of formal action during these meetings. 

Actions of the Council and Committees 

will be restricted to those issues 

specifically identified in the agendas 

and any issues arising after publication 

of this notice that require emergency 

action under Section 305(c) of the 

Magnuson-Stevens Act, provided the 

public has been notified of the Council’s 

intent to take action to address the 

emergency. The established times for 

addressing items on the agenda may be 

adjusted as necessary to accommodate 

the timely completion of discussion 

relevant to the agenda items. In order to 

further allow for such adjustments and 

completion of all items on the agenda, 

the meeting may be extended from, or 

completed prior to the date/time 

established in this notice. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Kathy Pereira at 

the Council (see ADDRESSES) at least 5 

working days prior to the meeting. 

Dated: March 18, 2011. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–6878 Filed 3–22–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XZ29 

NOAA Policy on Prohibited and 

Approved Uses of the Asset Forfeiture 

Fund 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice. 

SUMMARY: The Magnuson-Stevens 

Fishery Conservation and Management 

Act authorizes the Secretary of 

Commerce through NOAA to pay 

certain enforcement related costs from 

sums received as fines, penalties, and 

forfeitures of property for violations of 

any marine resource law enforced by the 

Secretary. Fines, penalties, and 

forfeitures of property received by 

NOAA are deposited in an enforcement 

asset forfeiture fund. NOAA finalized its 

policy on March 16, 2011, to clearly 

articulate prohibited and approved uses 

of these funds to ensure no conflict of 

interest—either real or perceived— 

associated with its use while continuing 

to promote a sound enforcement 

program dedicated to conserving and 

protecting our nation’s marine 

resources. 

SUPPLEMENTARY INFORMATION: 

I. NOAA Policy on Prohibited and 

Approved Uses of the Asset Forfeiture 

Fund 

Strong management and oversight of 

the Asset Forfeiture Fund (AFF) is 

essential to ensuring the public’s trust 

in the National Oceanic and 

Atmospheric Administration’s (NOAA) 

Enforcement Program. While the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) provides broad 

statutory authority for use of the AFF,1

the Department of Commerce and 

NOAA are implementing this policy 

limiting approved uses as a means of 

ensuring no conflict of interest—real or 

perceived—is associated with the use of 

the AFF while continuing to promote a 

sound enforcement program dedicated 

to conserving and protecting our 

Nation’s marine resources. To this end, 

the policy provides guidance on the 

prohibited and approved uses of the 

AFF that are consistent with but 

narrower than that authorized under 

applicable legal authorities. The AFF 

will also be used for compliance 

assistance activities, consistent with 

legal authorities, to better serve the 

needs of our stakeholders and improve 

the way NOAA engages and interacts 

with its regulated community. 

The Department believes, as did 

Congress in establishing the AFF and 

specifying the authorized uses, that it is 

appropriate to use the proceeds of 

NOAA’s enforcement program to offset 

in part the costs of administering that 

program. Those who violate these laws 

should help offset the cost of protecting 

our marine resources in lieu of those 

costs being borne by taxpayers. Further, 

the availability of these funds for 

enforcement reduces the requirement 

for additional appropriations and 

expands NOAA’s ability to respond to 

violations of the laws it is charged with 

enforcing. 

To ensure accountability and 

transparency in AFF accounting, NOAA 

has taken a number of actions to 

improve oversight, management, and 

tracking of the AFF in addition to this 

policy. NOAA has identified and is 

tracking AFF monies received and 

expended, and has centralized the AFF 

approval processes for expenditures. In 

the FY 2012 budget submission, NOAA 

will identify and account for the AFF in 

its annual budget. For FY 2011, an 

annual operating budget has been 

developed for the AFF based upon this 

policy, and modifications to that budget 

must be approved by the NOAA Chief 

Financial Officer. 


jlentini on DSKJ8SOYB1PROD with NOTICES