Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 11515 

website, which is accessible via 

www.trade.gov/ftz. 

For further information, contact 

Claudia Hausler at 

Claudia.Hausler@trade.gov or (202) 

482–1379. 

Dated: February 24, 2010. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2010–5281 Filed 3–10–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XU32 

Fisheries Off West Coast States and in 

the Western Pacific; Pacific Coast 

Groundfish Fishery; Application for an 

Exempted Fishing Permit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; intent to issue exempted 

fishing permits, request for comment. 

SUMMARY: NMFS announces the intent 

to issue exempted fishing permits 

(EFPs) to Pacific whiting shoreside 

vessels and first receivers that 

participate in a maximized retention 

and monitor program for the 2010 

Pacific whiting shoreside fishery. EFPs 

are needed to allow vessels to retain 

catch in excess of the cumulative limits 

and to retain prohibited species until 

offloading. EFPs are also needed to 

allow first receivers to possess Pacific 

whiting deliveries with prohibited 

species, to possess catch that is in 

excess of cumulative limits, and to use 

hopper type scales to derive accurate 

catch weights prior to sorting. Issuance 

of the EFPs would allow NMFS to 

collect catch data on incidentally caught 

species, including salmonids listed 

under the Endangered Species Act, and 

would allow new components of an 

overall monitoring program to continue 

to be investigated before 

implementation of a regulatory program. 

DATES: Comments must be received by 

March 26, 2010. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–XU32, by any 

one of the following methods: 

• E-mail: whitingEFP@noaa.gov. 

Include 0648–XU32 in the subject line 

of the message. 

• Fax: 206–526–6736, Attn: Becky 

Renko 

• Mail: Barry A. Thom, Acting 

Regional Administrator, Northwest 

Region, NMFS, 7600 Sand Point Way 

NE, Seattle, WA 98115–0070, Attn: 

Becky Renko. 

Instructions: Attachments to e-mail 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Becky Renko or Kevin Duffy at (206) 

526–6140. 

SUPPLEMENTARY INFORMATION: This 

action is authorized by the Magnuson 

Stevens Fishery Conservation and 

Management Act provisions at 50 CFR 

600.745 which states that EFPs may be 

used to authorize fishing activities that 

would otherwise be prohibited in order 

to collect data among other activities. 

NMFS Northwest Region sent a letter to 

the Pacific Fishery Management Council 

(Council) that included a proposal for 

issuance of EFPs to vessels and first 

receivers participating in the 2010 

Pacific whiting shoreside fishery. The 

Council considered the EFP activity at 

their November 2009 meeting. If issued, 

the EFPs would provide for a 

maximized retention and monitoring 

program for the Pacific whiting 

shoreside fishery. The maximized 

retention and monitoring program 

requirements specified in the EFP are 

intended to allow for the Pacific whiting 

shoreside fishery to be efficiently 

prosecuted while providing accurate 

catch data such that the Endangered 

Species Act and Magnuson-Stevens 

Fishery Conservation and Management 

Act requirements for this fishery are 

adequately met. 

The issuance of EFPs would allow 

approximately 40 vessels to delay 

sorting of groundfish catch and to retain 

catch in excess of cumulative trip limits 

and prohibited species catch until 

offloading. These activities are 

otherwise prohibited by regulations at 

50 CFR 660.306(a)(10) and 50 CFR 

660.306(a)(2) respectively. 

Additionally, issuance of the EFPs to 

approximately 15 first receivers 

(generally land-based processing 

facilities) would allow first receivers to 

possess more than a single cumulative 

limit of a particular species, per vessel, 

per applicable cumulative limit period. 

The possession of catch in excess of the 

cumulative limits is otherwise 

prohibited by regulations at 50 CFR 

660.306(a)(10). In addition, the EFPs 

would include an allowance for first 

receivers to use hopper type scales to 

derive an accurate total catch weight 

prior to sorting. Regulations pertaining 

to sorting at § 660.370(h)(6) and 

prohibitions at § 660.306(a)(7) require 

vessels to sort the catch before 

weighing. 

Issuance of the EFPs would allow for 

the collection of information on the 

catch of salmon, non-whiting 

groundfish, and other non-groundfish 

species incidentally taken with Pacific 

whiting. These data are needed to 

monitor the attainment of the shore 

based whiting allocation while assuring 

that the fishery specifications (bycatch 

limits, species allocations, OYs, and 

biological opinion thresholds) are not 

exceeded. Because whiting flesh 

deteriorates rapidly once the fish are 

caught, whiting must be minimally 

handled and immediately chilled to 

maintain the flesh quality. Allowing 

Pacific whiting shoreside vessels to 

retain unsorted catch will also enable 

whiting quality to be maintained. 

At the June 2007 Pacific Fishery 

Management Council (PFMC) meeting, 

the PFMC recommended that NMFS 

implement a maximized retention 

program in Federal regulations that 

would allow full retention of Pacific 

whiting catch by the vessels, that is 

delivered to first receivers on shore. The 

terms and conditions of the EFPs used 

in 2008 and 2009 were consistent with 

the Council’s June 2007 

recommendation for implementing the 

provisions of Amendment 10 to the 

Pacific Coast Groundfish Fishery 

Management Plan (FMP), which allows 

implementation of this program. 

Although it was expected that a 

regulatory program would be in place at 

this time, it has not yet been 

implemented. At the June 2009 meeting 

the Council recommended a preferred 

alternative for implementation of a trawl 

rationalization program under 

Amendment 20 to the FMP that would 

change the future management and 

monitoring needs for the Pacific whiting 

shoreside fishery. EFPs will continue to 

be used until regulations implementing 

Amendment 10 to the groundfish FMP 

are implemented, or until tracking and 

monitoring regulations implementing 

the trawl rationalization program under 

Amendment 20 are effective. Additional 

information collected under this EFP 

program will benefit the development 

tracking and monitoring provisions of 

Amendment 20 to the groundfish FMP. 

The vessel EFPs would require Pacific 

whiting shoreside vessels to dump 

unsorted catch directly below deck and 

would allow unsorted catch to be 

landed, providing that an electronic 

monitoring system (EMS) is used on all 

fishing trips to verify retention of catch 

at sea. The EMS has shown to be an 

effective tool for accurately monitoring 

catch retention and identifying the time 

and location of discard events. The EFPs 

would include provisions for EMS, paid 

for by the vessels, similar to the 2009 


jlentini on DSKJ8SOYB1PROD with NOTICES
11516 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 

EFP and similar to the proposed Federal 

regulatory program. 

Proposed Federal regulations for a 

maximized retention and monitoring 

program would also require first 

receivers to have onshore monitoring 

conducted by catch monitors. Catch 

monitors are third-party employees, 

paid for by industry, and trained to 

NMFS standards. The EFP would 

include provisions for third-party catch 

monitors from a NMFS specified 

provider. Like the proposed Federal 

regulatory program under development, 

catch monitors used under the EFPs 

would be trained in techniques that 

would be used for the verification of 

fish ticket data and in species 

identification. Catch monitor duties 

include overseeing the sorting, 

weighing, and recordkeeping process, as 

well as gathering information on 

incidentally caught salmon. Catch 

monitors verify the accuracy of 

electronic fish ticket data used to 

manage the Pacific whiting shoreside 

fishery such that inaccurate or delayed 

information does not result in any 

fishery specifications (bycatch limits, 

species allocations, OYs, and biological 

opinion thresholds) being exceeded. To 

insure the integrity of sector-specific 

bycatch limits, the 2010 EFPs would 

require full catch monitor coverage. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 5, 2010. 

Alan D. Risenhoover 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–5259 Filed 3–10–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XU88 

Marine Mammals; File No. 808–1735 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application 

for amendment. 

SUMMARY: Notice is hereby given that 

Andrew Read, Ph.D., Duke University 

Marine Laboratory, 135 Pivers Island 

Road, Beaufort, North Carolina 28516, 

has applied for an amendment to 

Scientific Research Permit No. 808– 

1735. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

April 12, 2010. 

ADDRESSES: The application and related 

documents are available for review by 

selecting ‘‘Records Open for Public 

Comment’’ from the Features box on the 

Applications and Permits for Protected 

Species (APPS) home page, https:// 

apps.nmfs.noaa.gov, and then selecting 

File No. 808–1735 from the list of 

available applications. 

These documents are also available 

upon written request or by appointment 

in the following offices: 

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 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562) 980–4001; 

fax (562) 980–4018; 

Written comments on this application 

should be submitted to the Chief, 

Permits, Conservation and Education 

Division, at the address listed above. 

Comments may also be submitted by 

facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. 

Please include the File No. in the 

subject line of the e-mail comment. 

Those individuals requesting a public 

hearing should submit a written request 

to the Chief, Permits, Conservation and 

Education Division at the address listed 

above. The request should set forth the 

specific reasons why a hearing on this 

application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Amy Hapeman or Kristy Beard, (301) 

713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject amendment to Permit No. 808– 

1735 is requested under the authority of 

the Marine Mammal Protection Act of 

1972, as amended (16 U.S.C. 1361 et 

seq.), and the regulations governing the 

taking and importing of marine 

mammals (50 CFR part 216). 

Permit No. 808–1735, issued on June 

27, 2007 (72 FR 36429), authorizes the 

permit holder to take humpback 

(Megaptera novaeangliae), blue 

(Balaenoptera musculus), fin (B. 

physalus), sei (B. borealis), and 

Antarctic minke (B. bonaerensis) whales 

in the Southern Ocean to examine their 

foraging behavior relative to krill 

patches. The permit authorizes the close 

approach of whales during vessel 

surveys for photo-identification, 

behavioral observation, tracking, and 

incidental harassment. A subset of 

whales may be suction-cup tagged 

during surveys. The permit is valid 

through May 31, 2012. The permit 

holder is requesting the permit be 

amended to include authorization for 

the take of Arnoux’s beaked whales 

(Berardius arnouxii) during vessel 

surveys in the Southern Ocean. Up to 

200 whales would be closely 

approached annually for photoidentification, behavioral observation, 

and incidental harassment. Dr. Read is 

also requesting 10 takes for the suctioncup tagging of up 5 whales annually. 

The purpose of the research is to gain 

information on the distribution, biology, 

ecology, movement patterns, and 

behavior of these extremely rare marine 

mammals and generate a catalog of 

known individuals that can then be 

used for a mark-recapture experiment. 

The amendment would be valid for the 

life of the permit. 

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of this 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors. 

Dated: March 4, 2010. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–5251 Filed 3–10–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

Economic Development Administration 

Notice of Petitions by Firms for 

Determination of Eligibility to Apply for 

Trade Adjustment Assistance 

AGENCY: Economic Development 

Administration, Department of 

Commerce 

ACTION: Notice and Opportunity for 

Public Comment. 

Pursuant to section 251 of the Trade 

Act of 1974 (19 U.S.C. 2341 et seq.), the 

Economic Development Administration 

(EDA) has received petitions for 

certification of eligibility to apply for 

Trade Adjustment Assistance from the 

firms listed below. EDA has initiated 

separate investigations to determine 

whether increased imports into the 

United States of articles like or directly 

competitive with those produced by 

each firm contributed importantly to the 

total or partial separation of the firm’s 

workers, or threat thereof, and to a 

decrease in sales or production of each 

petitioning firm. 


jlentini on DSKJ8SOYB1PROD with NOTICES