Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Notices 68767 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for all shipments 

of the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date, as provided for by section 

751(a)(2)(C) of the Act: (1) For the 

exporters listed above, the cash deposit 

rate will be established in the final 

results of this review (except, if the rate 

is zero or de minimis, i.e., less than 0.5 

percent, no cash deposit will be 

required for that company); (2) for 

previously investigated or reviewed PRC 

and non-PRC exporters not listed above 

that have separate rates, the cash 

deposit rate will continue to be the 

exporter-specific rate published for the 

most recent period; (3) for all PRC 

exporters of subject merchandise which 

have not been found to be entitled to a 

separate rate, the cash deposit rate will 

be the PRC-wide rate of 187.25 percent; 

and (4) 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 exporters that supplied that nonPRC exporter. These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice also serves as a 

preliminary 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 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

This determination is issued and 

published in accordance with sections 

751(a)(1) and 777(i)(1) of the Act and 19 

CFR 351.221(b)(4). 

Dated: November 3, 2010. 

Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–28287 Filed 11–8–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–915] 

Light-Walled Rectangular Pipe and 

Tube From the People’s Republic of 

China: Rescission of Countervailing 

Duty Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: November 9, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Austin Redington or Patricia Tran, AD/ 

CVD Operations, Office 1, Import 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone (202) 482–1664 and (202) 

482–1503, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 2, 2010, the U.S. 

Department of Commerce 

(‘‘Department’’) published a notice of 

opportunity to request an administrative 

review of the countervailing duty order 

on light-walled rectangular pipe and 

tube from the People’s Republic of 

China (‘‘PRC’’) for the period of review 

January 1, 2009, through December 31, 

2009. See Antidumping or 

Countervailing Duty Order, Finding, or 

Suspended Investigation; Opportunity 

To Request Administrative Review, 75 

FR 45094 (August 2, 2010). On August 

30, 2010, in accordance with 19 CFR 

351.213(b), the Department received a 

timely request from Sun Group Co., Ltd. 

(‘‘Sun Group’’) to conduct an 

administrative review of Sun Group. No 

other party requested an administrative 

review. 

On September 29, 2010, the 

Department published the notice of 

initiation of this countervailing duty 

administrative review with respect to 

Sun Group. See Initiation of 

Antidumping and Countervailing Duty 

Administrative Reviews and Requests 

for Revocation in Part, 75 FR 60076, 

60082 (September 29, 2010). 

Rescission of Countervailing Duty 

Administrative Review 

Pursuant to 19 CFR 351.213(d)(1), the 

Secretary will rescind an administrative 

review, in whole or in part, if the party 

who requested the administrative 

review withdraws the request within 90 

days of the date of publication of the 

notice of initiation of the requested 

administrative review. On October 15, 

2010, Sun Group timely withdrew its 

request for an administrative review, 

and no other party requested a review. 

Therefore, in response to Sun Group’s 

withdrawal of its request for review, and 

pursuant to 19 CFR 351.213(d)(1), the 

Department hereby rescinds this 

administrative review. 

Assessment Instructions 

The Department will instruct U.S. 

Customs and Border Protection (‘‘CBP’’) 

to assess countervailing duties on all 

appropriate entries. For the Sun Group, 

countervailing duties shall be assessed 

at rates equal to the cash deposit or 

bonding rate of the estimated 

countervailing duties required at the 

time of entry, or withdrawal from 

warehouse, for consumption, in 

accordance with 19 CFR 

351.212(c)(1)(i). The Department 

intends to issue appropriate assessment 

instructions directly to CBP 15 days 

after publication of this notice. 

Notification Regarding Administrative 

Protective Order 

This notice serves as a final reminder 

to parties subject to administrative 

protective order (‘‘APO’’) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). 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 sanctionable violation. 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Tariff Act of 1930, as 

amended, and 19 CFR 351.213(d)(4). 

Dated: November 1, 2010. 

Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–28283 Filed 11–8–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XZ23 

Taking of Threatened or Endangered 

Marine Mammals Incidental to 

Commercial Fishing Operations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments. 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
68768 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Notices 

SUMMARY: NMFS proposes to issue a 

permit for a period of three years to 

authorize the incidental, but not 

intentional, taking of individuals from 

six marine mammal stocks listed under 

the Endangered Species Act (ESA) by 

groundfish fisheries in the Bering Sea 

and the Gulf of Alaska. In accordance 

with the Marine Mammal Protection Act 

(MMPA), NMFS has made a preliminary 

determination that incidental taking 

from commercial fishing will have a 

negligible impact on the endangered 

Central North Pacific (CNP) stock of 

humpback whales, Western North 

Pacific (WNP) stock of humpback 

whales, Northeast Pacific (NEP) stock of 

fin whales, North Pacific stock of sperm 

whales, and Western U.S. stock of 

Steller sea lions; and on the threatened 

Eastern U.S. stock of Steller sea lions. 

NMFS has insufficient funds to 

complete TRPs for the two stocks of 

humpback whales, for the North Pacific 

stock of sperm whales, and for the 

Western U.S. stock of Steller sea lions. 

Take Reduction Plans (TRPs) are not 

required for the NEP stock of fin whales 

or the Eastern U.S. stock of Steller sea 

lions because mortality and serious 

injury of these stocks incidental to 

commercial fishing operations are at 

insignificant levels approaching a zero 

mortality and serious injury rate. 

Recovery plans are being prepared or 

have been completed for these 

threatened or endangered species. A 

monitoring plan is in place, and vessels 

have been registered under the MMPA 

for the fisheries included in this 

proposed permit. Accordingly, NMFS 

proposes to issue the required permits 

to participants in the Alaska-based 

groundfish fisheries. NMFS solicits 

public comments on the negligible 

impact determination and on the 

proposal to issue this permit. 

DATES: Comments must be received by 

November 24, 2010. 

ADDRESSES: A draft Negligible Impact 

Determination (NID) for five of the 

affected stocks is available on the 

Internet at the following address: 

http://www.alaskafisheries.noaa.gov/ 

index/analyses/analyses.asp. The final 

NID for the sixth stock, CNP humpback 

whales, is available on the Internet at 

the following address: http:// 

www.fpir.noaa.gov/PRD/ 

prd_humpback.html. Recovery plans for 

these species are available on the 

Internet at the following address: http:// 

www.nmfs.noaa.gov/pr/recovery/ 

plans.htm#mammals. 

Address all comments to Kaja Brix, 

Assistant Regional Administrator, 

Protected Resources Division, Alaska 

Region, NMFS, Attn: Ellen Sebastian. 

Comments may be submitted by e-mail 

to mmpapermitAK@noaa.gov. Include 

in the subject line the following 

document identifier: 0648–XZ23 permit. 

E-mail comments with or without 

attachments are limited to 5 megabytes. 

Written comments should be sent to 

Kaja Brix, Assistant Regional 

Administrator, Protected Resources 

Division, Alaska Region, NMFS, P.O. 

Box 21668, Juneau, AK 99802. 

Comments may be hand-delivered to the 

Federal Building, 709 West 9th Street, 

Room 420A, Juneau, AK; or may be 

faxed to (907) 586–7557. 

All comments received are a part of 

the public record. All Personal 

Identifying Information (e.g., name, 

address) voluntarily submitted by the 

commenter may be publicly accessible. 

Do not submit Confidential Business 

Information or otherwise sensitive or 

protected information. Comments 

received after the 15-day comment 

period may not be considered or made 

part of the record. 

FOR FURTHER INFORMATION CONTACT: 

Dana J. Seagars, Protected Resources 

Division AKR, (907) 271–5005, or Tom 

Eagle, Office of Protected Resources, 

(301) 713–2322, ext. 105. 

SUPPLEMENTARY INFORMATION: NMFS is 

now considering the issuance of a 3-year 

permit under MMPA section 

101(a)(5)(E) (16 U.S.C. 1371(a)(5)(E)) to 

participants registered in certain Alaskabased groundfish fisheries to 

incidentally take individuals from five 

marine mammal stocks listed as 

endangered under the ESA: The CNP 

stock of humpback whales, the WNP 

stock of humpback whales, the NEP 

stock of fin whales, the North Pacific 

stock of sperm whales, and the Western 

U.S. stock of Steller sea lions, and from 

one stock, the Eastern U.S. stock of 

Steller sea lions, listed as threatened. 

Taking of individuals from these 

threatened or endangered stocks of 

marine mammals would be authorized 

incidental to operation of the following 

Federal and State-parallel Category II 

groundfish fisheries: the AK Bering Sea/ 

Aleutian Islands flatfish trawl, AK 

Bering Sea/Aleutian Island pollock 

trawl, AK Bering Sea sablefish pot, and 

AK Bering Sea/Aleutian Islands Pacific 

cod longline fisheries. Because other 

stocks of threatened or endangered 

marine mammals are not taken 

incidental to groundfish fisheries in 

Alaska, no other species or stocks are 

considered for this proposed permit. 

There are no Category I fisheries 

designated in Alaska. Participants in 

Category III fisheries are not required to 

obtain incidental take permits under 

MMPA section 101(a)(5)(E) but are 

required to report injuries or mortalities 

of marine mammals incidental to their 

operations for the taking to be 

authorized after a NID has been made. 

NMFS will consider issuing permits at 

a future date for the taking of the subject 

threatened or endangered species by 

participants in State-managed fisheries 

other than the State-parallel groundfish 

fisheries. State-parallel groundfish 

fisheries are included in this proposed 

permit. The data for considering these 

authorizations were reviewed 

coincident with the preparation of the 

proposed 2011 MMPA List of Fisheries 

(LOF) (75 FR 36318, June 25, 2010), the 

draft 2010 marine mammal stock 

assessment reports (dSAR) (Allen and 

Angliss 2010), and other relevant 

sources. 

MMPA section 101(a)(5)(E) requires 

NMFS to authorize the incidental taking 

of individuals from marine mammal 

species or stocks listed as threatened or 

endangered under the ESA in the course 

of commercial fishing operations, if 

NMFS determines that: (1) Incidental 

mortality and serious injury will have a 

negligible impact on the affected species 

or stock; (2) a recovery plan has been 

developed or is being developed for 

such species or stock under the ESA; 

and (3) where required under section 

118 of the MMPA, a monitoring program 

has been established, vessels engaged in 

such fisheries are registered in 

accordance with MMPA section 118, 

and a TRP has been developed or is 

being developed for such species or 

stock. 

Determining Negligible Impact in 

Fisheries 

Prior to issuing a permit to take ESAlisted marine mammals incidental to 

commercial fishing, NMFS must 

determine if that mortality and serious 

injury incidental to commercial 

fisheries will have a negligible impact 

on the affected species or stocks of 

marine mammals. NMFS satisfied this 

requirement through completion of a 

NID. NMFS clarifies that incidental 

mortality and serious injury include 

only direct mortality and serious injury, 

such as from entanglement or hooked in 

fishing gear. Indirect effects, such as the 

effects of removing prey from habitat, 

are not included in this analysis. An 

opinion prepared under ESA section 7 

considers direct and indirect effects of 

Federal actions and, thus, contains a 

broader scope of analysis than is 

required by MMPA section 101(a)(5)(E). 

Although the MMPA does not define 

‘‘negligible impact’’, NMFS has issued 

regulations providing a qualitative 

definition of negligible impact (50 CFR 

216.3) and, through scientific analysis, 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
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peer review, and public notice, 

developed a quantified approach and a 

process to make such determinations. 

The development of the approach and 

process was outlined in detail in the 

current draft NID made available 

through this notice and was included in 

previous notices for other permits to 

take threatened or endangered marine 

mammals incidental to commercial 

fishing (e.g., proposed for CNP 

humpback whales in 75 FR 8305, 

February 24, 2010 and final in 75 FR 

29984, May 28, 2010). 

NMFS has adopted the following 

criteria for making a negligible impact 

determination relevant to incidental 

take permits (64 FR 28800, May 27, 

1999): 

(1) The threshold for initial 

determination will remain at 10 percent 

of the Potential Biological Removal level 

(PBR). If total human-related serious 

injuries and mortalities are less than 10 

percent of PBR, all fisheries may be 

permitted. 

(2) If total human-related serious 

injuries and mortalities are greater than 

PBR, and fisheries-related mortality is 

less than 10 percent of PBR, individual 

fisheries may be permitted if 

management measures are being taken 

to address non-fisheries-related serious 

injuries and mortalities. When fisheriesrelated serious injury and mortality are 

less than 10 percent of the total, the 

appropriate management action is to 

address components that account for the 

major portion of the total. 

(3) If total fisheries-related serious 

injuries and mortalities are greater than 

10 percent of PBR and less than PBR 

and the population is stable or 

increasing, fisheries may be permitted 

subject to individual review and 

certainty of data. Although the PBR 

level has been set up as a conservative 

standard that will allow recovery of a 

stock, there are reasons for individually 

reviewing fisheries if serious injuries 

and mortalities are above the threshold 

level. First, increases in permitted 

serious injuries and mortalities should 

be carefully considered. Second, as 

serious injuries and mortalities 

approach the PBR level, uncertainties in 

elements such as population size, 

reproductive rates, and fisheries-related 

mortalities become more important. 

(4) If the population abundance of a 

stock is declining, the threshold level of 

10 percent of PBR will continue to be 

used. If a population is declining 

despite limitations on human-related 

serious injuries and mortalities below 

the PBR level, a more conservative 

criterion is warranted. 

(5) If total fisheries-related serious 

injuries and mortalities are greater than 

PBR, permits may not be issued. 

The NID Criterion (1) is the starting 

point for analyses. If this criterion is 

satisfied, the analysis would be 

concluded. The remaining criteria 

describe alternatives under certain 

conditions, such as fishery mortality 

below the negligible threshold but other 

human-caused mortality above the 

threshold, or fishery and other humancaused mortality between the negligible 

threshold and PBR for a stock that is 

increasing or stable. If NID Criterion (1) 

is not satisfied, NMFS may use one of 

the other criteria, as appropriate. 

Description of the Fisheries 

The following are the Federallyauthorized and State-parallel groundfish 

fisheries classified as Category II in the 

2010 LOF which are known to seriously 

injure or kill ESA-listed marine 

mammals incidental to commercial 

fishing operations. Detailed descriptions 

of these fisheries can be found in the 

June 2004 Alaska Groundfish Fisheries 

Final Supplemental Programmatic 

Environmental Impact Statement 

(http://alaskafisheries.noaa.gov/ 

sustainablefisheries/seis/) and in NMFS 

(2010), a draft Biological Opinion 

(BiOp) on the groundfish fishery 

management plan the fisheries 

addressed in the draft BiOp henceforth 

are collectively referred to as the 

‘‘Alaska groundfish fisheries.’’ Certain 

aspects of the fisheries may be altered 

due to reasonable and prudent 

alternatives included in the BiOP; 

however, these changes in fishing 

operations are not expected to result in 

increased levels of mortality and serious 

injury of marine mammals, including 

threatened and endangered species. 

Bering Sea/Aleutian Islands Flatfish 

Trawl 

In 2008 the Amendment 80 program 

allocated most of the Bering Sea and 

Aleutian Islands (BSAI) rock sole, 

flathead sole, and yellowfin sole 

allocations to the trawl catcher 

processor sectors using bottom trawl 

gear. Other vessel categories and gear 

types catch some rock sole, flathead 

sole, and other flatfish incidentally in 

other directed fisheries. In 2009, 30 

vessels targeted flatfish in the BSAI. 

Rock sole is generally targeted during 

the roe season. Then these vessels shift 

to several different targets, notably Atka 

mackerel, arrowtooth flounder, flathead 

sole, yellowfin sole, Pacific cod, and 

Pacific ocean perch. Vessels also can go 

into the Gulf of Alaska to fish for 

arrowtooth, Pacific cod, flathead sole, 

and rex sole. In the BSAI, most of the 

rock sole, flathead sole, and other 

flatfish fisheries occur on the 

continental shelf in the eastern Bering 

Sea in water shallower than 200 m. 

Some effort follows the contour of the 

shelf to the northwest and extends as far 

north as Zhemchug Canyon. Very few 

rock sole, flathead sole, and other 

flatfish are taken in the Aleutian Islands 

due to the limited shallow water areas 

present. 

Bering Sea/Aleutian Islands Pollock 

Trawl 

In 2009, 117 vessels targeted pollock 

in the BSAI management area. The 

pattern of the modern pollock fishery in 

the BSAI is to focus on a winter, 

spawning-aggregation fishery. The A 

season fishery is January 20 through 

June 10. Fishing in this season lasts 

about 8–10 weeks depending on the 

catch rates. The B season is June 10 

through November 1. Fishing in the B 

season is typically September through 

October and has been conducted to a 

greater extent west of 170° west long. 

compared to the A season fishing 

location in the southern Bering Sea. 

Directed fishing is closed for pollock in 

all areas from November 1 to January 20. 

Fishing is also closed around designated 

rookeries and haulouts out to 20 nm and 

within Steller sea lion foraging areas in 

the BSAI. The Bering Sea pollock total 

allowable catch (TAC) is allocated 40 

percent to the A season and 60 percent 

to the B season. No more than 28 

percent of the annual directed fishing 

allowance for pollock can be taken 

inside the Sea Lion Conservation Area 

in the southern Bering Sea before April 

1. 

Bering Sea/Aleutian Islands Pacific Cod 

Longline 

In 2009, 55 vessels targeted Pacific 

cod using hook-and-line gear. Hookand-line harvested Pacific cod are 

mostly taken along the slope of the 

continental shelf break and along the 

Aleutian Islands. Harvest is seasonally 

apportioned to A and B seasons for 

vessels greater than 60 feet length 

overall. The A season is January 1 

through June 10 and the B season is 

June 10 through December 31. The 

annual TAC is apportioned 60 percent 

to the A season and 40 percent to the 

B season. 

Bering Sea Sablefish Pot 

Sablefish are harvested in relatively 

deep water along the continental slope 

(100–1,000 m) and along the Aleutian 

Islands. From 1996 to 2007, directed 

fisheries for sablefish have only been 

open to vessels using hook-and-line and 

pot gear in the BSAI. In 1995, sablefish 


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(as well as Pacific halibut) became a 

closed fishery for fixed gear based on 

historical participation. An individual 

fishing quota (IFQ) program was 

implemented, which assigns quota 

shares on an annual basis to authorized 

fishermen (50 CFR 679(d)). The directed 

sablefish fishery is open only to IFQ 

shareholders who use fixed gear (hookand-line or pot gear) and starting in 

2008 trawl catcher processors in the 

Amendment 80 cooperative. In 2009, 10 

pot catcher vessels were active in this 

fishery. 

Negligible Impact Determinations 

Humpback Whale, Central North Pacific 

Stock 

A NID for the CNP humpback whale 

was issued recently (75 FR 29984, May 

28, 2010). That analysis included 

incidental taking by commercial 

fisheries in both Alaska and Hawaii 

waters. At the time, permits were issued 

to Hawaii-based fisheries but not to 

Alaska fisheries. NMFS has reviewed 

new information available since it 

issued the NID and confirms the NID for 

CNP humpback whales. 

The current CNP humpback NID 

estimated mortality and serious injury 

of CNP humpback whales incidental to 

commercial fishing operations in HI and 

AK totaled 5.4 whales per year, which 

is 26.5 percent of the stock’s PBR level. 

NMFS concluded that incidental 

mortality and serious injury at this total 

rate will have a negligible impact on 

CNP humpback whales. The time frame 

for the data used in that analysis was 

the five-year period from 2003 through 

2007, pending availability of recent 

data. More recent information provided 

in the dSAR (Allen and Angliss, 2010) 

for the CNP humpback whale now 

estimates the PBR = 61.2 animals based 

on updated population assessment 

information and an increase of the 

Recovery Factor (RF) used to calculate 

PBR to 0.3. The dSAR provides a 

revised estimate for mortality and 

serious injury of CNP humpback whales 

incidental to commercial fishing 

operations in HI and AK at 3.8 whales 

per year, which is 6.2 percent of the 

stock’s PBR level. Accordingly, NMFS 

reiterates the conclusion reached by the 

CNP humpback NID: Incidental 

mortality and serious injury due to 

commercial fisheries will have a 

negligible impact on CNP humpback 

whales based on the best scientific 

information for the 5-year period from 

2003 through 2007, with inclusion, 

where available, of more recent data. 

Humpback Whale, Western North 

Pacific Stock 

NMFS has evaluated the best 

available information in assessing the 

interactions between ESA-listed WNP 

humpback whales and Alaska fisheries 

(including observer data), other fisheries 

(using primarily stranding and sightings 

data), and other sources of humancaused serious injury and mortality, to 

determine whether the incidental 

mortality and serious injury from all 

commercial fisheries will have a 

negligible impact on the stock. Allen 

and Angliss (2010) use an annual rate of 

increase of 7 percent for this stock and 

note this rate is considered conservative 

for the stock. One humpback whale 

mortality, reported in the Bering Sea 

sablefish pot fishery during the 2002– 

2006 period, occurred in an area of 

overlap between the WNP and CNP 

humpback stocks. Because of the 

uncertainty of stock assignment of that 

take, NMFS evaluated the potential 

impacts of this mortality on each of the 

possible source stocks. If this mortality 

removed an individual from the WNP 

stock, the mean annual mortality and 

serious injury rate for this stock 

attributable to commercial fisheries is 

0.2 whales per year (Table 3 in the 

accompanying NID). NMFS stranding 

data contain no reports of fisheriesrelated WNP humpback whale 

strandings or entanglements; no 

mortalities or serious injuries have been 

recorded due to ship strikes. Thus, the 

estimated annual total human-caused 

injury rate for the WNP stock of 

humpback whales in the U.S. Exclusive 

Economic Zone (EEZ) for 2002–2006 is 

0.2 whales per year. The PBR for this 

stock is 2.0 animals per year. NMFS 

regulations to classify fisheries in the 

annual LOF state that where total 

serious injury and mortality across all 

fisheries are equal to or less than 10 

percent of a stock’s PBR, all fisheries 

interacting with this stock would be 

placed in Category III. NMFS intends to 

propose changing fishery to Category III 

for the 2012 LOF, based on the current 

level of total serious injury and 

mortality from this stock (equal to 10 

percent of the stock’s PBR) and no takes 

of other marine mammals that would 

place it in Category II. 

Accordingly, total human-caused 

mortality and serious injury are below 

the PBR for this stock. Because, as 

described in the accompanying NID, the 

stock is stable or increasing and annual 

human-caused mortality and serious 

injury are equal to 10 percent of PBR, 

NID Criterion (3) is the appropriate 

criterion for consideration. Under NID 

Criterion (3) fishery-related mortality 

and serious injury would be considered 

negligible if such mortality and serious 

injury, in combination with other 

human sources of mortality, do not 

exceed PBR, subject to individual 

review and certainty of data. The NID 

Criterion (3) is satisfied in determining 

that mortality and serious injuries of the 

WNP humpback stock incidental to 

commercial fishing would have a 

negligible impact on the WNP 

humpback whale stock. This 

determination is supported by review of 

mortality and serious injury incidental 

to U.S. commercial fishing, stable or 

increasing growth rate of the stock, 

limited potential for increases in serious 

injury and mortality due to the relevant 

fisheries, the fact that total humancaused mortality and serious injury is 

below the estimated PBR and is not 

expected to delay recovery of the stock 

by more than 10 percent more than 

recovery time if these removals did not 

occur. Additional information is 

available in the draft NID. 

Fin Whale, Northeast Pacific Stock 

NMFS evaluated the best available 

information in assessing the interactions 

between ESA-listed NEP fin whales and 

Alaska fisheries (including observer 

data), other fisheries (using primarily 

stranding and sightings data), and other 

sources of human-caused serious injury 

and mortality, in order to determine 

whether the incidental mortality and 

serious injury from all commercial 

fisheries will have a negligible impact 

on the stock. Allen and Angliss (2010) 

reported an annual rate of increase of 

4.8 percent and a PBR of 11.4 for this 

stock. Mortality of one NEP fin whale 

was reported in the Bering Sea/Aleutian 

Islands pollock trawl fishery during the 

2002–2006 period, and the mean annual 

mortality and serious injury rate 

incidental to commercial fisheries is 

0.23 whales per year (Table 10 in the 

accompanying NID). NMFS stranding 

data contain no reports of fisheriesrelated NEP fin whale strandings or 

entanglements in the EEZ offshore of 

Alaska. Based on the one mortality 

reported and investigated during 2002– 

2006, the minimum mean annual 

mortality/serious injury from ship 

strikes is 0.20 fin whales per year in 

Alaska. The estimated minimum annual 

total human-caused mortality and 

serious injury rate for the NEP stock of 

fin whales in the U.S. EEZ for 2002– 

2006 is 0.43 whales per year. 

Accordingly, total human-caused 

mortality and serious injury is below 10 

percent of PBR (1.14) for this stock, and 

evaluation by NID Criterion (1) applies. 

Because all total human-related serious 

injuries and mortalities are less than 0.1 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
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PBR, NMFS has determined that 

mortality and serious injury incidental 

to commercial fisheries will have a 

negligible impact on the NEP fin whale 

stock. Additional information is 

available in the accompanying draft 

NID. 

Sperm Whale, North Pacific Stock 

NMFS has not conducted a complete 

survey for sperm whales in waters off 

Alaska, and the abundance of the stock 

is unknown; therefore, a PBR for this 

stock is not available. Allen and Angliss 

(2010) noted that although key elements 

in understanding the biology and status 

of the population are currently 

unavailable, current levels of humancaused mortality and serious injury 

seem minimal for this stock. Criterion 

(1) in the 1999 guidelines indicates that 

total human-caused mortality and 

serious injury of the stock that is less 

than 10 percent of the stock’s PBR 

would have a negligible impact on the 

affected stock. Allen and Angliss (2010) 

estimate that the Gulf of Alaska 

groundfish fishery takes (by serious 

injury and mortality) an annual mean of 

3.5 sperm whales. No other mortality or 

serious injury of sperm whales is 

reported or observed incidental to 

commercial fisheries in Alaska. No 

other sources of human-caused 

mortality and serious injury of sperm 

whales are reported in Alaska. The draft 

2010 Pacific SAR for sperm whales in 

California, Oregon and Washington 

reports an annual rate of 0.2 humancaused deaths of sperm whales per year. 

Therefore, human-cause mortality and 

serious injury of sperm whales in the 

North Pacific stock may be estimated as 

3.7. 

The formula for calculating PBR of 

North Pacific sperm whales can be rearranged to estimate the minimum 

number of sperm whales that would be 

required for 3.7 to be 10 percent or less 

of the stock’s PBR. Rearranging the 

formula and solving for the minimum 

abundance estimate results in a 

minimum abundance of 18,500 sperm 

whales. Citing multiple sources, the 

draft BiOp (NMFS, 2010) states that 

practical working estimates of sperm 

whale abundance for the entire North 

Pacific range from 100,000 to 200,000 

and that the number of sperm whales in 

the eastern North Pacific has been 

estimated to be 39,200. 

The best available information (as 

reported in the draft BiOp and Allen 

and Angliss, 2010) indicates that there 

are sufficient sperm whales in the 

eastern North Pacific Ocean so that 

human-caused mortality and serious 

injury are less than 10 percent of a PBR 

for sperm whales in the eastern North 

Pacific Ocean. Accordingly, the 

mortality and serious injury of North 

Pacific sperm whales incidental to 

commercial fishing would not cause 

more than a 10 percent delay in the time 

for the stock to recover. Therefore, 

NMFS has determined that mortality 

and serious injury incidental to 

commercial fishing will have a 

negligible impact on the North Pacific 

stock of sperm whales. 

Steller Sea Lion, Western U.S. Stock 

NMFS has evaluated the best 

available information to assess 

population status and trend and to 

evaluate the effect of interactions 

between Western U.S. stock of Steller 

sea lions and commercial fisheries in 

Alaska (including observer data), other 

fisheries (based on the scientific 

literature), and other sources of humancaused serious injury and mortality 

(surveys, anecdotal reports, and 

stranding and sightings data), to 

determine whether the incidental 

mortality and serious injury from all 

commercial fisheries will have a 

negligible impact on the stock. Recent 

exhaustive reviews of population status 

and trend have been completed by 

NMFS as part of the draft BiOp on the 

Alaska groundfish fisheries (NMFS 

2010) and the stock assessment reports 

(SARs; Allen and Angliss 2010). 

Although the stock continues to 

decrease in the Western and Central 

Aleutians, it has, since 2004, been 

increasing in the Eastern Aleutians. The 

recent trend in the Gulf of Alaska has 

been one of short-term fluctuation in the 

central and western portions with a 

possible increase in the eastern portion 

likely related to a seasonal migration of 

individuals from the Eastern U.S stock 

of Steller sea lions. The draft BiOp 

indicates that the overall population of 

the Western U.S. stock of Steller sea 

lions is stable and may be increasing at 

an annual rate of 1.5 percent (not 

statistically significant) (NMFS 2010). 

The estimated minimum mean 

mortality and serious injury rate 

incidental to commercial fisheries over 

the 2002–2006 period is 26.2 Western 

U.S. stock Steller sea lions per year 

(Table 5 in the accompanying NID); 0.25 

for the Bering Sea/Aleutian Islands Atka 

mackerel trawl, 3.01 for the Bering Sea/ 

Aleutian Islands flatfish trawl, 0.85 for 

the Bering Sea/Aleutian Islands Pacific 

cod trawl, 3.83 for the Bering Sea/ 

Aleutian Islands pollock trawl, 1.33 for 

the Gulf of Alaska pollock trawl, 1.98 

for the Bering Sea/Aleutian Islands 

Pacific cod longline and 14.5 in the 

Prince William Sound salmon drift 

gillnet. The total is greater than 10 

percent of PBR (25.4 animals) and less 

than this stock’s PBR (254 animals). The 

mean annual Alaska native subsistence 

take from this stock is estimated to be 

197 Western U.S. stock Steller sea lions 

per year. NMFS calculates there is an 

average of 0.6 Steller sea lion mortalities 

per year due to permitted research 

activities. Based on available data, the 

estimated total human-caused mortality 

and serious injury (223.8) are less than 

the PBR (254) for this stock. Data 

available for estimating human caused 

mortality and serious injury in 

commercial fisheries for this permit are 

largely based on extensive and ongoing 

fisheries observer programs designed to 

address those fisheries known or 

believed most likely to interact with this 

stock. In some cases mortality data 

include opportunistic reports (e.g., 

strandings, subsistence harvest) or old 

observations (e.g., observation of the 

PWS drift gillnet salmon fishery in the 

early 1990s). 

Because fishery-related mortality and 

serious injury slightly exceed 10 percent 

of PBR, the stock is stable or increasing, 

and total annual human-caused 

mortality and serious injury are less 

than PBR, NID Criterion (3) is the 

appropriate criterion for consideration. 

The NID Criterion 3 is satisfied in 

determining that mortality and serious 

injuries of Western U.S. stock Steller sea 

lions incidental to commercial fishing 

will have a negligible impact on the 

stock because population growth is 

stable or increasing, the fishery-related 

mortalities and serious injuries (26.2) 

are less than PBR (254). This 

determination is supported by review of 

mortality and serious injury incidental 

to U.S. commercial fishing and other 

human related mortality and serious 

injury, a stable or increasing population 

trend, limited potential for increases in 

serious injury and mortality due to the 

relevant fisheries, the fact that total 

human-caused mortality and serious 

injury is below the estimated PBR and 

are not expected to delay recovery of the 

stock by more than 10 percent more 

than recovery time if these removals did 

not occur. Additional information is 

available in the draft NID. 

Steller Sea Lion, Eastern U.S. Stock 

NMFS evaluated the best available 

information to assess population status 

and trend and in evaluating the effect of 

interactions between the ESA-listed 

Eastern U.S. stock of Steller sea lions 

and commercial fisheries in Alaska 

(including observer data), other fisheries 

(based on the scientific literature), and 

other sources of human-caused serious 

injury and mortality (surveys, reports, 

and stranding and sightings data), to 

determine whether the incidental 


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68772 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Notices 

mortality and serious injury from all 

commercial fisheries will have a 

negligible impact on the stock. Recent 

reviews of population status and trends 

have been completed by NMFS as part 

of the (draft) BiOp on the Alaska 

groundfish fisheries (NMFS, 2010) and 

the SARs (Allen and Angliss, 2010). 

These reviews indicate the stock is 

increasing at minimum of 3.1 per cent 

per year. The minimum estimated 

mortality and serious injury rate 

incidental to commercial fisheries (both 

U.S. and Canadian) is 25.6 Eastern U.S. 

stock Steller sea lions per year, (Tables 

8 and 9 in the accompanying NID); 0.8 

for the WA/OR/CA groundfish trawl and 

24.8 in the Alaska salmon troll fishery. 

The total estimated annual mortality 

due to commercial fishing is less than 

10 percent of this stock’s PBR (2,378 

animals). 

The mean annual Alaska native 

subsistence take from this stock is 

estimated to be 11.9 Steller sea lions per 

year. NMFS calculates there is an 

average of 0.8 mortalities per year due 

to illegal shooting of Steller sea lions 

from the Eastern U.S. stock, an average 

of 0.6 ‘‘other non-fishery human-related’’ 

mortalities in Oregon and Washington, 

and an average of 1.8 Eastern U.S. stock 

of Steller sea lion mortalities per year 

due to permitted research activities. 

Based on available data, the estimated 

total human-caused mortality and 

serious injury (40.7) are less than 10 

percent of the stock’s PBR (237.8). Data 

available for estimating human-caused 

mortality and serious injury in 

commercial fisheries are largely based 

on both historic and ongoing fisheries 

observer programs designed to address 

those fisheries known or believed most 

likely to interact with this stock. NMFS 

is aware that, in some cases, mortality 

data are based on opportunistic reports 

(e.g. strandings, subsistence harvest) or 

on observations where it is impossible 

to determine with certainty if the 

mortality and serious injury occurred as 

a result of the recreational or 

commercial parts of the fishery due to 

the similarity of the gear used in these 

southeast Alaska salmon troll fisheries. 

Because total human-caused mortality 

and serious injury is below 10 percent 

of PBR for this stock, NID Criterion 1 is 

satisfied. NMFS has determined that the 

annual mortality and serious injury 

incidental to commercial fisheries will 

have a negligible impact on the Eastern 

U.S. stock of Steller sea lions. 

Additional information is available in 

the accompanying draft NID. 

Conclusions for Proposed Permit 

Based on the above assessment and as 

described in the accompanying NID, 

NMFS concludes that the incidental 

mortality and serious injury from 

commercial fishing will have a 

negligible impact on the CNP stock of 

humpback whales, the WNP stock of 

humpback whales, the NEP stock of fin 

whales, the North Pacific stock of sperm 

whales, the Western U.S. stock of Steller 

sea lions, and the Eastern U.S. stock of 

Steller sea lions. The impacts on the 

human environment of continuing and 

modifying the Alaska groundfish 

fisheries, including the taking of 

threatened and endangered species of 

marine mammals, were analyzed in 

Alaska Groundfish Fisheries Final 

Supplemental Programmatic 

Environmental Impact Statement (June 

2004; http://www.fakr.noaa.gov/ 

sustainablefisheries/seis/), the 

Biological Assessment of the Alaska 

Groundfish Fisheries and NMFS 

Managed Endangered Species Act Listed 

Marine Mammals and Sea Turtles 

(NMFS 2006; http:// 

stellersealions.noaa.gov/ 

sustainablefisheries/sslmc/ 

agency_documents/BA4–6–06.pdf) 

pursuant to the National Environmental 

Policy Act (NEPA) (42 U.S.C. 4231 et 

seq.), and in the draft BiOp prepared for 

the Alaska groundfish fisheries (NMFS, 

2010) pursuant to the ESA. Issuing the 

proposed permit would have no 

additional impact to the human 

environment or effects on threatened or 

endangered species beyond those 

analyzed in these documents. NMFS 

now reviews the remaining 

requirements to issue a permit to take 

the subject listed species incidental to 

the Alaska groundfish fisheries. 

Recovery Plans 

Recovery Plans for humpback whales 

and Steller sea lions of the subject listed 

species have been completed. Recovery 

plans for fin and sperm whales have 

been drafted and are being completed. 

These draft and final recovery plans are 

available on the Internet (see 

ADDRESSES). Accordingly, the 

requirement to have recovery plans in 

place or being developed is satisfied. 

Vessel Registration 

MMPA section 118(c)(5)(A) provides 

that registration of vessels in fisheries 

should, after appropriate consultations, 

be integrated and coordinated to the 

maximum extent feasible with existing 

fisher licenses, registrations, and related 

programs. Participants in the Alaska 

groundfish fisheries are required to hold 

a permit under 50 CFR 665.21. The 

MMPA registration program has been 

integrated in this permitting system for 

the Alaska-based groundfish fisheries. 

Accordingly, vessels in the fisheries are 

registered in accordance with MMPA 

section 118. 

Monitoring Program 

As noted above, Federally-permitted 

commercial fisheries in Alaska have 

been observed since the early 1990s. 

Levels of observer coverage vary over 

years but are adequate to produce 

reliable estimates of mortality and 

serious injury of listed species (e.g., 

during the 2002–2006 period, coverage 

ranged from 58.4–68.3 percent in the 

Bering Sea/Aleutian Islands flatfish 

trawl, 73.0–82.2 percent in the Bering 

Sea/Aleutian Islands pollock trawl, 

23.8- 29.6 percent for the Bering Sea/ 

Aleutian Islands Pacific cod longline, 

and 21.7- 40.6 percent in the Alaska 

Bering Sea sablefish pot fishery). 

Accordingly, as required by MMPA 

section 118, a monitoring program is in 

place. 

Take Reduction Plans (TRP) 

Subject to available funding, MMPA 

section 118 requires a TRP in cases 

where a strategic stock interacts with a 

Category I or II fishery. The stocks 

considered for this permit are 

designated as strategic stocks under the 

MMPA because they are listed as 

threatened or endangered under the 

ESA. These strategic stocks interact with 

the Category II fisheries described 

above, and no TRPs have been 

developed for them. The short- and 

long-term goals of a TRP are to reduce 

mortality and serious injury of marine 

mammals incidental to commercial 

fishing to levels below PBR and to a 

zero mortality rate goal (indicated by 

meeting the threshold for placement in 

the annual LOF Category III), 

respectively. However, the obligations 

to develop and implement a TRP are 

subject to the availability of funding. 

MMPA section 118(f)(3) (16 U.S.C. 

1387(f)(3)) contains specific priorities 

for developing TRPs. 

NMFS has insufficient funding 

available to simultaneously develop and 

implement TRPs for all stocks that 

interact with Category I or Category II 

fisheries. Most recently in March 2009, 

NMFS considered multiple quantitative 

and qualitative factors to identify its 

priorities for establishing take reduction 

teams (TRTs) and collecting data. As 

provided in MMPA section 118(f)(6)(A) 

and (f)(7), NMFS used the most recent 

SARs and LOF as the basis to determine 

its priorities for establishing TRTs and 

developing TRPs. Through this process, 

NMFS evaluated the WNP and CNP 

stocks of humpback whale, the North 

Pacific stock of sperm whales, and the 

Western U.S. stock of Steller sea lions 

as ‘‘low’’ priorities for establishing TRTs, 


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based on population trends of each 

stock and mortality and serious injury 

levels incidental to commercial fisheries 

that are below the stocks’ PBRs. 

Accordingly, given these factors and 

NMFS’ prioritization process, TRPs will 

be deferred under section 118 as other 

stocks have a higher priority for any 

available funding for establishing new 

TRPs. 

Mortality and serious injury of Steller 

sea lions, Eastern U.S. stock, and NEP 

fin whales incidental to commercial 

fisheries are at insignificant levels, 

approaching a zero mortality and 

serious injury rate (Allen and Angliss, 

2010). MMPA section 118(b)(2) states 

that fisheries maintaining such 

mortality and serious injury levels are 

not required to further reduce their 

mortality and serious injury rates. 

Because the goals of TRPs are to reduce 

mortality and serious injury of marine 

mammals incidental to commercial 

fishing operations, no TRPs are required 

for either of these stocks. 

As noted in the summary above, all of 

the requirements to issue a permit to the 

following Federally-authorized and 

State-parallel Category II groundfish 

fisheries have been satisfied: the AK 

Bering Sea/Aleutian Islands flatfish 

trawl, AK Bering Sea/Aleutian Islands 

pollock trawl, AK Bering Sea sablefish 

pot, and AK Bering Sea/Aleutian Islands 

Pacific cod longline fisheries. 

Accordingly, NMFS proposes to issue a 

permit to participants in these Category 

II fisheries for the taking of CNP 

humpback whales, WNP humpback 

whales, NEP fin whales, North Pacific 

sperm whales, Steller sea lions (Western 

U.S. stock), and the Steller sea lions 

(Eastern U.S. stock) incidental to the 

fisheries’ operations. As noted under 

MMPA section 101(a)(5)(E)(ii), no 

permit is required for vessels in 

Category III fishery. For incidental 

taking of marine mammals to be 

authorized in Category III fisheries, any 

injuries or mortalities must be reported 

to NMFS. NMFS solicits public 

comments on the proposed permit and 

the preliminary determinations 

supporting the permit. 

References 

Allen, B.M., and R.P. Angliss (eds.). 

2010. (Draft) Alaska Marine Mammal 

Stock Assessments, 2010. NMFS, 

National Marine Mammal Laboratory, 

Seattle WA. 

NMFS. 2010. Draft Biological Opinion 

for Authorization of Groundfish 

Fisheries under the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Island 

Management Area, Authorization of 

Groundfish Fisheries under the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska, and the State of Alaska 

Parallel Groundfish Fisheries. NMFS, 

Alaska Region, Juneau, AK. (http:// 

stellersealions.noaa.gov/ 

protectedresources/stellers/esa/biop/ 

draft/0810.htm.) 

Dated: November 4, 2010. 

Helen M. Golde, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2010–28280 Filed 11–8–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Meeting of the U.S. Naval Academy 

Board of Visitors 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice of partially closed 

meeting. 

SUMMARY: The U.S. Naval Academy 

Board of Visitors will meet to make such 

inquiry, as the Board shall deem 

necessary, into the state of morale and 

discipline, the curriculum, instruction, 

physical equipment, fiscal affairs, and 

academic methods of the Naval 

Academy. The executive session of this 

meeting from 11 a.m. to 12 p.m. on 

December 6, 2010, will include 

discussions of disciplinary matters, law 

enforcement investigations into 

allegations of criminal activity, and 

personnel issues at the Naval Academy, 

the disclosure of which would 

constitute a clearly unwarranted 

invasion of personal privacy. For this 

reason, the executive session of this 

meeting will be closed to the public. 

DATES: The open session of the meeting 

will be held on December 6th, 2010, 

from 8 a.m. to 11 a.m. The closed 

session of this meeting will be the 

executive session held from 11 a.m. to 

12 p.m. 

ADDRESSES: The meeting will be held in 

the Bo Coppedge Room of Alumni Hall, 

U.S. Naval Academy, Annapolis, 

Maryland. The meeting will be 

handicap accessible. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Commander David S. 

Forman, USN, Executive Secretary to 

the Board of Visitors, Office of the 

Superintendent, U.S. Naval Academy, 

Annapolis, MD 21402–5000, 410–293– 

1503. 

SUPPLEMENTARY INFORMATION: This 

notice of meeting is provided per the 

Federal Advisory Committee Act, as 

amended (5 U.S.C. App.). The executive 

session of the meeting from 11 a.m. to 

12 p.m. on December 6, 2010, will 

consist of discussions of law 

enforcement investigations into 

allegations of criminal activity, new and 

pending administrative/minor 

disciplinary infractions and nonjudicial 

punishments involving the Midshipmen 

attending the Naval Academy to include 

but not limited to individual honor/ 

conduct violations within the Brigade, 

and personnel issues. The discussion of 

such information cannot be adequately 

segregated from other topics, which 

precludes opening the executive session 

of this meeting to the public. 

Accordingly, the Secretary of the Navy 

has determined in writing that the 

meeting shall be partially closed to the 

public because the discussions during 

the executive session from 11 a.m. to 12 

p.m. will be concerned with matters 

coming under sections 552b(c) (5), (6), 

and (7) of title 5, United States Code. 

Dated: November 2, 2010. 

D.J. Werner, 

Lieutenant Commander, Office of the Judge 

Advocate General, U.S. Navy, Federal 

Register Liaison Officer. 

[FR Doc. 2010–28270 Filed 11–8–10; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Meeting of the Ocean Research and 

Resources Advisory Panel 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice of Open Meeting. 

SUMMARY: The Ocean Research and 

Resources Advisory Panel will hold a 

regularly scheduled meeting. The 

meeting will be open to the public. 

DATES: The meeting will be held on 

Wednesday, December 8, 2010, from 

8:30 a.m. to 5:30 p.m. and Thursday, 

December 9, 2010, from 8:30 a.m. to 2 

p.m. Members of the public should 

submit their comments in advance of 

the meeting to the meeting point of 

contact. 

ADDRESSES: The meeting will be held at 

the Consortium for Ocean Leadership, 

1201 New York Avenue, NW., 4th Floor, 

Washington, DC 20005. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Charles L. Vincent, Office of Naval 

Research, 875 North Randolph Street, 

Suite 1425, Arlington, VA 22203–1995, 

telephone 703–696–4118. 

SUPPLEMENTARY INFORMATION: This 

notice of open meeting is provided in 

accordance with the Federal Advisory 

Committee Act (5 U.S.C. App. 2). The 

meeting will include discussions on 


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