Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Notices 69585

subsequently directed the NAFTA 

Secretariat to issue a Notice of Final 

Panel Action on October 25, 2004. 

Timken Notice 

In its decision in Timken, the Federal 

Circuit held that, pursuant to 19 U.S.C. 

§ 1516a(c)(1) and 1516a(e), the 

Department must publish notice of 

decision of the Court of International 

Trade (‘‘CIT’’) which is ‘‘not in 

harmony’’ with the Department’s 

results. Timken, 893 F.2d at 340. This is 

true for CIT decisions which are ‘‘not in 

harmony’’ with the results of ITC injury, 

or threat of injury, determinations as 

well. Because NAFTA panels step into 

the shoes of the courts they are 

replacing, they must apply the law of 

the national court that would otherwise 

review the administrative 

determination. Therefore, we are 

publishing notice that the NAFTA 

Panel’s October 25, 2004, Notice of 

Final Panel Action and its October 12, 

2004, decision are ‘‘not in harmony’’

with the ITC’s Final Injury 

Determinations. Publication of this 

notice fulfills the obligation imposed 

upon the Department by the decision in 

Timken. In addition, this notice will 

serve to suspend liquidation of entries 

of subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after November 4, 

2004, i.e., 10 days from the issuance of 

the Notice of Final Action, at the current 

cash deposit rate.

Dated: November 23, 2004. 

Joseph A. Spetrini, 

Acting Assistant Secretary for Import 

Administration.

[FR Doc. E4–3385 Filed 11–29–04; 8:45 am] 

BILLING CODE: 3510–DS–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 112304D]

Endangered Species; File No. 1514

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Receipt of application.

SUMMARY: Notice is hereby given that 

Pacific Islands Regional Office, National 

Marine Fisheries Service, 1601 

Kapiolani Blvd., Ste. 1110, Honolulu, HI 

96814, has applied in due form for a 

permit to take green (Chelonia mydas), 

hawksbill (Eretmochelys imbricata), 

leatherback (Dermochelys coriacea), 

olive ridley (Lepidochelys olivacea), and 

loggerhead (Caretta caretta) sea turtles 

for purposes of scientific research.

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

December 30, 2004.

ADDRESSES: The application and related 

documents are available for review 

upon written request or by appointment 

in the following office(s):

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)713–0376; and

Assistant Regional Administrator for 

Protected Resources, Southwest Region, 

NMFS, 501 West Ocean Blvd., Suite 

4200, Long Beach, CA 90802–4213; 

phone (562)980–4020; fax (562)980–

4027.

Written comments or requests for a 

public hearing on this application 

should be mailed to the Chief, Permits, 

Conservation and Education Division, 

F/PR1, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910. Those 

individuals requesting a hearing should 

set forth the specific reasons why a 

hearing on this particular request would 

be appropriate.

Comments may also be submitted by 

facsimile at (301)713–0376, provided 

the facsimile is confirmed by hard copy 

submitted by mail and postmarked no 

later than the closing date of the 

comment period.

Comments may also be submitted by 

e-mail. The mailbox address for 

providing email comments is 

NMFS.Pr1Comments@noaa.gov. Include 

in the subject line of the e-mail 

comment the following document 

identifier: File No. 1514.

FOR FURTHER INFORMATION CONTACT:

Patrick Opay or Ruth Johnson, 

(301)713–2289.

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Endangered Species Act 

of 1973, as amended (ESA; 16 U.S.C. 

1531 et seq.) and the regulations 

governing the taking, importing, and 

exporting of endangered and threatened 

species (50 CFR 222–226).

The proposed research would occur 

in the Pacific Ocean and provide data 

on the at sea distribution and movement 

patterns of green, hawksbill, 

leatherback, olive ridley, and loggerhead 

sea turtles. Researchers would also use 

pop-up satellite tags (PSATs) to 

investigate post-release mortality of 

hard-shelled turtles that have been 

hooked or entangled by longline gear. 

Data from the PSATs would be used to 

compare the behavior of longline caught 

turtles to the known behavior of turtles 

that have not been caught in fishing gear 

(controls) to investigate potential effects 

of the fishery interactions on turtle 

behavior patterns after release. Seven 

green, 34 leatherback, 21 loggerhead, 

and 42 olive ridley sea turtles that have 

been captured in the Hawaii longline 

fishery would be measured, 

photographed, tissue sampled, flipper 

tagged, and released, or salvaged (if 

dead). The hard-shelled species would 

also have a PSAT attached to their shell.

An additional six (combined total of 

all species) hawksbill, olive ridley, 

loggerhead, and green sea turtles 

captured in the American Samoa 

longline fishery would be measured, 

photographed, tissue sampled, flipper 

tagged, PSAT tagged and released, or 

salvaged (if dead). One leatherback 

captured in this fishery would also be 

measured, photographed, tissue 

sampled, flipper tagged, and released, or 

salvaged (if dead). All turtles would 

have been captured in the longline 

fishery and coverage for the incidental 

capture of these turtles would be 

provided under the incidental take 

statement of the 2004 Biological 

Opinion for the Western Pelagics 

Fishery Management Plan. The 

applicant requests a five year permit.

Dated: November 24, 2004.

Tammy C. Adams, 

Acting Chief, Permits, Conservation and 

Education Division, Office of Protected 

Resources, National Marine Fisheries Service.

[FR Doc. 04–26406 Filed 11–29–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 111204C]

Marine Mammals; File Nos. 1034–1685 

and 1065–1749

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Issuance of permit amendment 

and new permit.

SUMMARY: Notice is hereby given that Dr. 

Markus Horning, Texas A&M 

University, Laboratory for Applied 

Biotelemetry and Biotechnology, 

Department of Marine Biology, 5007 

Avenue U, Galveston, TX 77551 has 

been issued an amendment to scientific 

research Permit No. 1034–1685 and Dr. 

Patrick Butler, University of 

Birmingham, School of Biosciences, 

Edgbaston, Birmingham, United