37472 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices 

initiation. No other parties requested an 

administrative review of the 

antidumping duty order on PSF from 

Korea. Therefore, in response to the 

timely withdrawal of requests for review 

and, in accordance with 19 CFR 

351.213(d)(l), Commerce is rescinding 

this review. 

Assessment 

Commerce will instruct U.S. Customs 

and Border Protection (CBP) to assess 

antidumping duties on all appropriate 

entries of PSF from Korea during the 

POR. Antidumping duties shall be 

assessed at rates equal to the cash 

deposit of estimated antidumping duties 

required at the time of entry, or 

withdrawal from warehouse, for 

consumption in accordance with 19 

CFR 351.212(c)(l)(i). Commerce intends 

to issue appropriate assessment 

instructions to CBP 15 days after 

publication of this notice in the Federal 

Register. 

Notification to Importers 

This notice serves as a final 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 presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

Notification Regarding Administrative 

Protective Orders 

This notice also serves as a final 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

return or destruction of proprietary 

information disclosed under an APO in 

accordance with 19 CFR 351.305(a)(3), 

which continues to govern the business 

proprietary information in this segment 

of the proceeding. Timely written 

notification of the return or 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 Act, and 19 CFR 

351.213(d)(4). 

Dated: July 27, 2018. 

James Maeder, 

Associate Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations performing the duties of Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations. 

[FR Doc. 2018–16448 Filed 7–31–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XG354 

Magnuson-Stevens Act Provisions; 

General Provisions for Domestic 

Fisheries; Monkfish Research SetAside Exempted Fishing Permit 

Adjustment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments. 

SUMMARY: The Acting Assistant Regional 

Administrator for Sustainable Fisheries, 

Greater Atlantic Region, NMFS, has 

made a preliminary determination that 

an adjustment to increase the total 

weight of monkfish allowed to be 

harvested under the two existing 

exempted fishing permits issued for the 

2017 monkfish research set-aside 

program warrants further consideration. 

This notice provides interested parties 

the opportunity to comment on the 

proposed change to these exempted 

fishing permits. 

DATES: Comments must be received on 

or before August 16, 2018. 

ADDRESSES: You may submit written 

comments by any of the following 

methods: 

• Email: NMFS.GAR.EFP@noaa.gov. 

Include in the subject line ‘‘Comments 

on 2017 Monkfish RSA DAS Pound 

Increase.’’ 

• Mail: Michael Pentony, Regional 

Administrator, NMFS, Greater Atlantic 

Regional Office, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

outside of the envelope ‘‘Comments on 

2017 Monkfish RSA DAS Pound 

Increase.’’ 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Hanson, Fishery Management 

Specialist, 978–281–9180, 

Cynthia.Hanson@noaa.gov. 

SUPPLEMENTARY INFORMATION: Exempted 

Fishing Permits (EFP) that waive 

monkfish landing limits for designated 

Research Set-Aside (RSA) days-at-sea 

(DAS) have been routinely issued since 

2007 to increase operational efficiency 

and to optimize research funds 

generated under the Monkfish RSA 

Program. Amendment 2 to the Monkfish 

Fishery Management Plan (FMP) (70 FR 

21929; April 28, 2005) specifies that 500 

RSA DAS are set aside each year to 

support approved monkfish research 

projects. Award recipients receive an 

allocation of those 500 RSA DAS, and 

their EFP limits the maximum weight of 

monkfish that may be landed under 

their allocated RSA DAS. Projects are 

constrained to the total DAS, maximum 

landing weight, or EFP expiration date, 

whichever is reached first. Since the 

origination of the RSA program in 2007, 

no project has reached the total DAS or 

maximum landing weight. 

Allowing vessels an exemption from 

monkfish landing limits provides an 

incentive for vessel owners to 

participate in the Monkfish RSA 

Program. Constraining each project to a 

maximum harvest limit ensures that the 

overall Monkfish RSA catch will be 

consistent with DAS effort and total 

mortality controls established for the 

fishery as a whole. To calculate the 

maximum weight allocation for each 

year’s 500 RSA DAS, we assign each 

RSA DAS to be equal to twice the limit 

for a Permit Category A or C monkfish 

vessel fishing in the Southern Fishery 

Management Area (i.e., the highest 

permissible landing limit within the 

fishery). This means that annually, a 

maximum weight of 500 times this 

calculated RSA DAS pound value may 

be harvested under the Monkfish RSA 

program, and each project is limited to 

this assigned weight value multiplied by 

their allocated number of RSA DAS. 

On April 28, 2017, we issued RSA 

compensation fishing EFPs to the 

Cornell Cooperative Extension (Cornell) 

and the University of Massachusetts 

School for Marine Science and 

Technology (SMAST) for their 2017 

Monkfish RSA projects. At the time, the 

associated monkfish landing weight for 

each 2017 RSA DAS was 3,552 lb (1,611 

kg). Cornell was allocated 300 DAS for 

a maximum weight limit of 1,065,600 lb 

(483,348 kg) to fund their research. 

SMAST was allocated the remaining 

200 DAS, allowing 710,400 lb (322,232 

kg) to be caught for their project. 

However, on July 12, 2017, Framework 

Adjustment 10 to the Monkfish FMP (82 

FR 32145) increased the industry’s DAS 

allocation and trip limits across the 

whole monkfish fishery. As a part of the 

Framework 10 changes, the possession 

limit for Category A and C vessels in the 

Southern Area increased from 1,776 lb 

(806 kg) to 2,037 lb (924 kg). 

On June 8 and July 12, 2018, we 

received requests from Cornell and 


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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Notices 37473 

SMAST, to increase assigned pound 

value of the 2017 RSA DAS from 3,552 

lb (1,611 kg) to 4,074 lb (1,848 kg), 

commensurate with the Framework 10 

possession limit increase already 

implemented in the fishery. The 

adjusted total weight limit of each 

project under this higher DAS valuation 

would be 1,222,200 lb (554,381 kg) for 

Cornell and 814,800 lb (369,587 kg) for 

SMAST. Investigators from Cornell and 

SMAST have stated there is less 

incentive for industry to buy RSA DAS 

now that the possession limits in the 

fishery have increased through the 

Framework 10 measures. The requested 

weight adjustment to RSA DAS would 

help maintain the relative value of the 

Monkfish RSA Program, and potentially 

attract and maintain participants from 

the fishing industry. 

The revised EFPs would not alter the 

previously approved exemptions, and 

all participating vessels and allocated 

RSA DAS would remain the same. The 

only revision would be the maximum 

total weight that may be landed under 

each project. This adjustment would be 

consistent with changes implemented in 

the monkfish fishery under Framework 

10, and the minimal additional effort 

that may occur within the RSA program 

is negligible and within the scope of the 

analysis originally conducted. The 

proposed adjustment does not change 

any of the determinations made during 

the review and approval of the original 

2017 Monkfish RSA EFPs. These EFPs 

are scheduled to expire April 30, 2019. 

Because the RSA program is a unique 

entitlement within the monkfish fishery, 

we are soliciting public input on the 

increase in per RSA DAS weight 

requested by the participating research 

institutions. 

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

Dated: July 27, 2018. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–16437 Filed 7–31–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XG106 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Ketchikan 

Berth IV Expansion Project 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; Issuance of an Incidental 

Harassment Authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that NMFS has issued an incidental 

harassment authorization (IHA) to the 

Ketchikan Dock Company (KDC) to 

incidentally harass, by Level A and B 

harassment, marine mammals during 

construction activities associated with 

the Ketchikan Berth IV Expansion 

project in Ketchikan, AK. 

DATES: This Authorization is applicable 

from October 1, 2018 through August 

31, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Molineaux, Office of Protected 

Resources, NMFS, (301) 427–8401. 

Electronic copies of the application and 

supporting documents, as well as a list 

of the references cited in this document, 

may be obtained online at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing 

these documents, please call the contact 

listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce (as delegated 

to NMFS) to allow, upon request, the 

incidental, but not intentional, taking of 

small numbers of marine mammals by 

U.S. citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made and either 

regulations are issued or, if the taking is 

limited to harassment, a notice of a 

proposed authorization is provided to 

the public for review. 

An authorization for incidental 

takings shall be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s), will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses (where 

relevant), and if the permissible 

methods of taking and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings are set 

forth. 

NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival. 

The MMPA states that the term ‘‘take’’ 

means to harass, hunt, capture, kill or 

attempt to harass, hunt, capture, or kill 

any marine mammal. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as any act of 

pursuit, torment, or annoyance which (i) 

has the potential to injure a marine 

mammal or marine mammal stock in the 

wild (Level A harassment); or (ii) has 

the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering (Level B 

harassment). 

Summary of Request 

On February 13, 2018, NMFS received 

a request from the KDC for an IHA to 

take marine mammals incidental to 

construction activities associated with 

the Ketchikan Berth IV Expansion 

Project. The IHA application was 

determined adequate and complete on 

March 28, 2018. The KDC’s request is 

for take of eight species of marine 

mammals by Level B harassment and 

Level A harassment of a small number 

of harbor porpoises and harbor seals. 

Neither the KDC nor NMFS expect 

serious injury or mortality to result from 

this activity and, therefore, an IHA is 

appropriate. 

Description of Activity 

The KDC will expand Berth IV, its 

dock adjacent to downtown Ketchikan, 

Alaska, located in East Tongass 

Narrows, in order to accommodate a 

new fleet of large cruise ships that are 

expected to reach Alaska in the summer 

of 2019. 

The expansion will include the 

removal of some existing piles and 

structures and the installation of new 

piles and structures. All pile driving 

and removal will take place at the 

existing dock facility and is expected to 

occur over the course of 29 days (not 

necessarily consecutive). The project 

will occur in marine waters that support 

several marine mammal species. The 

pile driving, pile removal, and drilling 

activities associated with the project 

may result in behavioral harassment 

(Level B harassment and small numbers 

of Level A harassment) of marine 

mammal species. 

The purpose of this project is to 

reconfigure Berth IV so that it can 

accommodate larger cruise ships. This 

project is needed because the existing 

Berth IV cannot support the modern 

fleet of larger cruise ships. Once the 

project is constructed Berth IV will be 


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