92624 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 

1See Aluminum Lithographic Printing Plates 

from the People’s Republic of China: Final 

Affirmative Determination of Sales at Less-ThanFair-Value and Final Affirmative Determination of 

Critical Circumstances, 89 FR 79256 (September 27, 

2024) (China Final LTFV Determination); and 

Aluminum Lithographic Printing Plates from Japan: 

Final Affirmative Determination of Sales at LessThan-Fair-Value, 89 FR 79250 (September 27, 

2024). 

2See Aluminum Lithographic Printing Plates 

from the People’s Republic of China: Final 

Affirmative Countervailing Duty Determination and 

Final Affirmative Determination of Critical 

Circumstances, 89 FR 79248 (September 27, 2024). 

3See ITC’s Letter, ‘‘Notification of ITC Final 

Determination,’’ dated November 12, 2024 (ITC 

Notification Letter). 

4See Aluminum Lithographic Printing Plates 

from China and Japan: Determinations 89 FR 90737 

(November 18, 2024). 

5 Id. 

6See ITC Notification Letter. 7See Aluminum Lithographic Printing Plates 

from the People’s Republic of China: Preliminary 

Affirmative Determination of Sales at Less Than 

Fair Value, Preliminary Affirmative Determination 

of Critical Circumstances, and Postponement of 

Final Determination and Extension of Provisional 

Measures, 89 FR 35062 (May 1, 2024) (China LTFV 

Preliminary Determination); and Aluminum 

Lithographic Printing Plates from Japan: 

Preliminary Affirmative Determination of Sales at 

Less Than Fair Value, Postponement of Final 

Determination, and Extension of Provisional 

Measures, 89 FR 35065 (May 1, 2024) (collectively, 

LTFV Preliminary Determinations). 

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. 

Notification to Interested Parties 

These final results are issued and 

published in accordance with sections 

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

CFR 351.221(b)(5). 

Dated: November 15, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Orders 

IV. Discussion of the Issues 

Comment 1: Whether AM Stone and 

Artelye Provided Sufficient Information 

To Establish That Their Imported Quartz 

Slabs Were Produced in Malaysia 

Comment 2: Whether Commerce Applied 

Adverse Facts Available (AFA) to 

Cooperative Respondents 

V. Recommendation 

[FR Doc. 2024–27362 Filed 11–21–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–156, C–570–157, A–588–881] 

Aluminum Lithographic Printing Plates 

From Japan and the People’s Republic 

of China: Antidumping Order; 

Aluminum Lithographic Printing Plates 

From the People’s Republic of China: 

Countervailing Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the U.S. Department 

of Commerce (Commerce) and the U.S. 

International Trade Commission (ITC), 

Commerce is issuing the antidumping 

duty (AD) orders on aluminum 

lithographic printing plates (printing 

plates) from the People’s Republic of 

China (China) and Japan and a 

countervailing duty (CVD) order on 

printing plates from China. 

DATES: Applicable November 22, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Benito Ballesteros (AD China), Caroline 

Carroll (AD Japan), and Ajay Menon 

(CVD China), AD/CVD Operations, 

Office IX, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–7435; 

(202) 482–4948, and (202) 482–0208, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with sections 705(d) 

and 735(d) of the Tariff Act of 1930, as 

amended (the Act), on September 27, 

2024, Commerce published its 

affirmative final determinations of sales 

at less than fair value (LTFV) for 

printing plates from China and Japan,1

and its affirmative final determination 

that countervailable subsidies are being 

provided to producers and exporters of 

printing plates from China.2

On November 12, 2024, pursuant to 

sections 705(d) and 735(d) of the Act, 

the ITC notified Commerce of its final 

affirmative determinations that an 

industry in the United States is 

materially injured by reason of dumped 

imports of printing plates from China 

and Japan, and subsidized imports of 

printing plates from China, within the 

meaning of sections 705(b)(1)(A)(i) and 

735(b)(1)(A)(i) of the Act.3 On 

November 18, 2024, the ITC published 

its final determinations in the Federal 

Register.4 Further, the ITC determined 

that critical circumstances do not exist 

with respect to LTFV imports and 

subsidized imports of printing plates 

from China.5

Scope of the Orders 

The products covered by these orders 

are printing plates from China and 

Japan. For a complete description of the 

scope of the orders, see the appendix to 

this notice. 

AD Orders 

On November 12, 2024, in accordance 

with section 735(d) of the Act, the ITC 

notified Commerce of its final 

determinations that an industry in the 

United States is materially injured 

within the meaning of section 

735(b)(1)(A)(i) of the Act by reason of 

imports of printing plates from China 

and Japan that are sold in the United 

States at LTFV.6 Therefore, in 

accordance with sections 735(c)(2) and 

736 of the Act, Commerce is issuing 

these AD orders. Because the ITC 

determined that imports of printing 

plates from China and Japan are 

materially injuring a U.S. industry, 

unliquidated entries of such 

merchandise from China and Japan, 

entered or withdrawn from warehouse 

for consumption, are subject to the 

assessment of antidumping duties. 

Therefore, in accordance with section 

736(a)(1) of the Act, Commerce will 

direct U.S. Customs and Border 

Protection (CBP) to assess, upon further 

instruction by Commerce, antidumping 

duties equal to the amount by which the 

normal value of the merchandise 

exceeds the export price (or constructed 

export price) of the merchandise on all 

relevant entries of printing plates from 

China and Japan. Antidumping duties 

will be assessed on unliquidated entries 

of printing plates entered, or withdrawn 

from warehouse, for consumption on or 

after May 1, 2024, the date of 

publication of the LTFV Preliminary 

Determinations,7 but will not include 

entries occurring after the expiration of 

the provisional measures period and 

before publication of the ITC’s final 

injury determination, as further 

described below. 

Critical Circumstances—AD China 

With respect to the ITC’s negative 

critical circumstances determination on 

imports of printing plates from China, 

we will instruct CBP to lift suspension 

and to refund any cash deposits made 

to secure the payment of estimated 

antidumping duties with respect to 

entries of the subject merchandise from 

China entered, or withdrawn from 

warehouse, for consumption on or after 

February 1, 2024 (i.e., 90 days prior to 

the date of the publication of the China 

LTFV Preliminary Determination), but 

before May 1, 2024 (i.e., the date of 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 92625 

8See China Final LTFV Determination, 89 FR 

79257. 

9See LTFV Preliminary Determinations. 

10See ITC Notification Letter. 

11See Aluminum Lithographic Printing Plates 

from the People’s Republic of China: Preliminary 

Affirmative Countervailing Duty Determination, and 

Alignment of Final Determination with Final 

Antidumping Duty Determination, 89 FR 15134 

(March 1, 2024) (China CVD Preliminary 

Determination). 

publication of the China LTFV 

Preliminary Determination). 

Continuation of Suspension of 

Liquidation and Cash Deposits—AD 

Except as noted in the ‘‘Provisional 

Measures—AD’’ section of this notice, 

Commerce intends to instruct CBP to 

continue to suspend liquidation on all 

relevant entries of printing plates from 

China and Japan, in accordance with 

section 736 of the Act. These 

instructions suspending liquidations 

will remain in effect until further notice. 

Commerce also intends to instruct 

CBP to require cash deposits equal to 

the estimated weighted-average 

dumping margins indicated in the tables 

below, adjusted by the relevant export 

subsidy offsets. Accordingly, effective 

on the date of publication in the Federal 

Register of the notice of the ITC’s final 

affirmative injury determination, CBP 

must require, at the same time as 

importers would normally deposit 

estimated customs duties on subject 

merchandise, a cash deposit equal to the 

rates listed in the tables below. 

Estimated Weighted-Average Dumping 

Margins 

The estimated weighted-average 

dumping margins are as follows: 

CHINA

Exporter Producer 

Weightedaverage 

dumping margin 

(percent) 

Cash deposit 

rate 

(adjusted for 

subsidy offsets) 

(percent) 8

Fujifilm Printing Plate (China) Co., Ltd ..................... Fujifilm Printing Plate (China) Co., Ltd ..................... 115.85 115.84 

China-wide Entity ...................................................... ................................................................................... 317.44 317.43 

JAPAN

Exporter/producer 

Weightedaverage 

dumping margin 

(percent) 

Fujifilm Corporation; Fujifilm Shizuoka Co., Ltd .............................................................................................................................. 91.83 

Miraclon Corporation Ltd ................................................................................................................................................................. 160.11 

All Others ......................................................................................................................................................................................... 91.83 

Provisional Measures—AD 

Section 733(d) of the Act states that 

suspension of liquidation pursuant to an 

affirmative preliminary determination 

may not remain in effect for more than 

four months, except where exporters 

representing a significant proportion of 

exports of the subject merchandise 

request that Commerce extend the fourmonth period to no more than six 

months. At the request of exporters that 

accounted for a significant proportion of 

exports of printing plates from China 

and Japan, Commerce extended the 

four-month period to no more than six 

months.9 In the underlying 

investigations, Commerce published the 

LTFV Preliminary Determinations on 

May 1, 2024. Therefore, the six-month 

period beginning on the date of the 

publication of the LTFV Preliminary 

Determinations ended on October 27, 

2024. Pursuant to section 737(b) of the 

Act, the collection of cash deposits at 

the rates listed above will begin on the 

date of publication of the ITC’s final 

injury determination. Therefore, in 

accordance with section 736(a)(1) of the 

Act and our practice, Commerce will 

instruct CBP to terminate the 

suspension of liquidation and to 

liquidate, without regard to 

antidumping duties, unliquidated 

entries of printing plates from China 

and Japan entered, or withdrawn from 

warehouse, for consumption on or after 

October 28, 2024, the first day 

provisional measures were no longer in 

effect, until and through the day 

preceding the date of publication of the 

ITC’s final injury determination in the 

Federal Register. Suspension of 

liquidation and the collection of cash 

deposits will resume on the date of 

publication of the ITC’s final 

determination in the Federal Register. 

CVD Order 

As stated above, based on the abovereferenced affirmative final 

determination by the ITC that an 

industry in the United States is 

materially injured within the meaning 

of section 705(b)(1)(A)(i) of the Act by 

reason of subsidized imports of printing 

plates from China,10 in accordance with 

section 705(c)(2) of the Act, Commerce 

is issuing this CVD order. Moreover, 

because the ITC determined that 

imports of printing plates from China 

are materially injuring a U.S. industry, 

unliquidated entries of subject 

merchandise from China entered, or 

withdrawn from warehouse, for 

consumption, are subject to the 

assessment of countervailing duties. 

Therefore, in accordance with section 

706(a) of the Act, Commerce intends to 

direct CBP to assess, upon further 

instructions by Commerce, 

countervailing duties on all relevant 

entries of printing plates from China, 

which are entered, or withdrawn from 

warehouse, for consumption on or after 

March 1, 2024, the date of publication 

of the China CVD Preliminary 

Determination, but will not include 

entries occurring after the expiration of 

the provisional measures period and 

before the publication of the ITC’s final 

injury determination under section 

705(b) of the Act, as further described in 

the ‘‘Provisional Measures—CVD’’ 

section of this notice.11

Critical Circumstances—CVD 

With respect to the ITC’s negative 

critical circumstances determination on 

imports of printing plates from China, 

we will instruct CBP to lift suspension 

and to refund any cash deposits made 

to secure the payment of estimated 


ddrumheller on DSK120RN23PROD with NOTICES1
92626 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 

12Commerce has found the following company to 

be cross-owned with Fujifilm Printing Plate (China) 

Co., Ltd.: Fujifilm (China) Investment Co., Ltd. 

13See China CVD Preliminary Determination. 

14See Regulations to Improve Administration and 

Enforcement of Antidumping and Countervailing 

Duty Laws, 86 FR 52300 (September 20, 2021) 

(Final Rule). 

15See Scope Ruling Application; Annual Inquiry 

Service List; and Informational Sessions, 86 FR 

53205 (September 27, 2021) (Procedural Guidance). 

16This segment will be combined with the 

ACCESS Segment Specific Information (SSI) field 

which will display the month in which the notice 

of the order or suspended investigation was 

published in the Federal Register, also known as 

the anniversary month. For example, for an order 

under case number A–000–000 that was published 

in the Federal Register in January, the relevant 

segment and SSI combination will appear in 

ACCESS as ‘‘AISL-January Anniversary.’’ Note that 

there will be only one annual inquiry service list 

segment per case number, and the anniversary 

month will be pre-populated in ACCESS. 

17See Procedural Guidance, 86 FR 53206. 

countervailing duties with respect to 

entries of the subject merchandise from 

China entered, or withdrawn from 

warehouse, for consumption on or after 

December 2, 2023 (i.e., 90 days prior to 

the date of the publication of the China 

CVD Preliminary Determination), but 

before March 1, 2024 (i.e., the date of 

publication of the China CVD 

Preliminary Determination). 

Suspension of Liquidation and Cash 

Deposits—CVD 

In accordance with section 706 of the 

Act, Commerce intends to instruct CBP 

to reinstitute the suspension of 

liquidation of printing plates from 

China, effective on the date of 

publication of the ITC’s final affirmative 

injury determination in the Federal 

Register, and to assess, upon further 

instruction by Commerce, pursuant to 

section 706(a)(1) of the Act, 

countervailing duties on each entry of 

subject merchandise in an amount based 

on the net countervailable subsidy rates 

below. On or after the date of 

publication of the ITC’s final injury 

determination in the Federal Register, 

CBP must require, at the same time as 

importers would normally deposit 

estimated customs duties on this 

merchandise, a cash deposit equal to the 

rates listed in the table below. These 

instructions suspending liquidation will 

remain in effect until further notice. The 

all-others rate applies to all producers or 

exporters not specifically listed below, 

as appropriate. 

Estimated Countervailing Duty Subsidy 

Rates 

The estimated countervailing duty 

subsidy rates are as follows: 

Company 

Subsidy rate 

(percent 

ad valorem) 

Fujifilm Printing Plate (China) Co., Ltd.12 ........................................................................................................................................ 35.66 

Shanghai National Ink Co. Ltd ........................................................................................................................................................ 229.54 

All Others ......................................................................................................................................................................................... 35.66 

Provisional Measures—CVD 

Section 703(d) of the Act states that 

the suspension of liquidation pursuant 

to an affirmative preliminary 

determination may not remain in effect 

for more than four months. Commerce 

published the China CVD Preliminary 

Determination on March 1, 2024.13 As 

such, the four-month period beginning 

on the date of the publication of the 

China CVD Preliminary Determination 

ended on June 28, 2024. 

Therefore, in accordance with section 

703(d) of the Act, we instructed CBP to 

terminate the suspension of liquidation 

and to liquidate, without regard to 

countervailing duties, unliquidated 

entries of printing plates from China or 

withdrawn from warehouse, for 

consumption, on or after June 29, 2024, 

the date on which the provisional 

measures expired, until and through the 

day preceding the date of publication of 

the ITC’s final injury determination in 

the Federal Register. Suspension of 

liquidation and the collection of cash 

deposits will resume on the date of 

publication of the ITC’s final 

determination in the Federal Register. 

Establishment of the Annual Inquiry 

Service Lists 

On September 20, 2021, Commerce 

published the Final Rule in the Federal 

Register.14 On September 27, 2021, 

Commerce also published the 

Procedural Guidance in the Federal 

Register.15 The Final Rule and 

Procedural Guidance provide that 

Commerce will maintain an annual 

inquiry service list for each order or 

suspended investigation, and any 

interested party submitting a scope 

ruling application or request for 

circumvention inquiry shall serve a 

copy of the application or request on the 

persons on the annual inquiry service 

list for that order, as well as any 

companion order covering the same 

merchandise from the same country of 

origin. 

In accordance with the Procedural 

Guidance, for orders published in the 

Federal Register after November 4, 

2021, Commerce will create an annual 

inquiry service list segment in 

Commerce’s online e-filing and 

document management system, 

Antidumping and Countervailing Duty 

Electronic Service System (ACCESS), 

available at https://access.trade.gov, 

within five business days of publication 

of the notice of the order. Each annual 

inquiry service list will be saved in 

ACCESS, under each case number, and 

under a specific segment type called 

‘‘AISL-Annual Inquiry Service List.’’ 16

Interested parties who wish to be 

added to the annual inquiry service list 

for an order must submit an entry of 

appearance to the annual inquiry 

service list segment for the order in 

ACCESS within 30 days after the date of 

publication of the order. For ease of 

administration, Commerce requests that 

law firms with more than one attorney 

representing interested parties in an 

order designate a lead attorney to be 

included on the annual inquiry service 

list. Commerce will finalize the annual 

inquiry service list within five business 

days thereafter. As mentioned in the 

Procedural Guidance,17 the new annual 

inquiry service list will be in place until 

the following year, when the 

Opportunity Notice for the anniversary 

month of the order is published. 

Commerce may update an annual 

inquiry service list at any time as 

needed based on interested parties’ 

amendments to their entries of 

appearance to remove or otherwise 

modify their list of members and 

representatives, or to update contact 

information. Any changes or 

announcements pertaining to these 

procedures will be posted to the 

ACCESS website at https://

access.trade.gov. 

Special Instructions for Petitioner and 

Foreign Governments 

In the Final Rule, Commerce stated 

that, ‘‘after an initial request and 

placement on the annual inquiry service 

list, both petitioners and foreign 

governments will automatically be 

placed on the annual inquiry service list 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 92627 

18See Final Rule, 86 FR 52335. 

in the years that follow.’’ 18

Accordingly, as stated above, the 

petitioner and the Governments of 

China and Japan should submit their 

initial entries of appearance after 

publication of this notice in order to 

appear in the first annual inquiry 

service lists for these orders. Pursuant to 

19 CFR 351.225(n)(3), the petitioner and 

the Governments of China and Japan 

will not need to resubmit their entries 

of appearance each year to continue to 

be included on the annual inquiry 

service list. However, the petitioner and 

the Governments of China and Japan are 

responsible for making amendments to 

their entries of appearance during the 

annual update to the annual inquiry 

service list in accordance with the 

procedures described above. 

Notification to Interested Parties 

This notice constitutes the AD orders 

with respect to printing plates from 

China and Japan and the CVD order 

with respect to printing plates from 

China, pursuant to sections 706(a) and 

736(a) of the Act. Interested parties can 

find a list of AD and CVD orders 

currently in effect at https://

www.trade.gov/datavisualization/ 

adcvd-proceedings. 

These orders are issued and published 

in accordance with sections 706(a) and 

736(a) of the Act and 19 CFR 351.211(b). 

Dated: November 18, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

Scope of the Orders 

The merchandise covered by these orders 

are aluminum lithographic printing plates. 

Aluminum lithographic printing plates 

consist of a flat substrate containing at least 

90 percent aluminum. The aluminumcontaining substrate is generally treated 

using a mechanical, electrochemical, or 

chemical graining process, which is followed 

by one or more anodizing treatments that 

form a hydrophilic layer on the aluminumcontaining substrate. An image-recording, 

oleophilic layer that is sensitive to light, 

including but not limited to ultra-violet, 

visible, or infrared, is dispersed in a 

polymeric binder material that is applied on 

top of the hydrophilic layer, generally on one 

side of the aluminum lithographic printing 

plate. The oleophilic light-sensitive layer is 

capable of capturing an image that is 

transferred onto the plate by either light or 

heat. The image applied to an aluminum 

lithographic printing plate facilitates the 

production of newspapers, magazines, books, 

yearbooks, coupons, packaging, and other 

printed materials through an offset printing 

process, where an aluminum lithographic 

printing plate facilitates the transfer of an 

image onto the printed media. Aluminum 

lithographic printing plates within the scope 

of these orders include all aluminum 

lithographic printing plates, irrespective of 

the dimensions or thickness of the 

underlying aluminum substrate, whether the 

plate requires processing after an image is 

applied to the plate, whether the plate is 

ready to be mounted to a press and used in 

printing operations immediately after an 

image is applied to the plate, or whether the 

plate has been exposed to light or heat to 

create an image on the plate or remains 

unexposed and is free of any image. 

Subject merchandise also includes 

aluminum lithographic printing plates 

produced from an aluminum sheet coil that 

has been coated with a light-sensitive imagerecording layer in a subject country and that 

is subsequently unwound and cut to the final 

dimensions to produce a finished plate in a 

third country (including the United States), 

or exposed to light or heat to create an image 

on the plate in a third country (including in 

a foreign trade zone within the United 

States). 

Excluded from the scope of these orders 

are lithographic printing plates manufactured 

using a substrate produced from a material 

other than aluminum, such as rubber or 

plastic. 

Aluminum lithographic printing plates are 

currently classifiable under Harmonized 

Tariff Schedule of the United States (HTSUS) 

subheadings 3701.30.0000 and 3701.99.6060. 

Further, merchandise that falls within the 

scope of these orders may also be entered 

into the United States under HTSUS 

subheadings 3701.99.3000 and 8442.50.1000. 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

scope of these orders is dispositive. 

[FR Doc. 2024–27426 Filed 11–21–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE193] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Gary Paxton 

Industrial Park Vessel Haulout Project 

in Sitka, Alaska 

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 City 

and Borough of Sitka (CBS) to 

incidentally harass marine mammals 

during construction activities associated 

with Gary Paxton Industrial Park Vessel 

Haulout Project in Sawmill Cove in 

Sitka, Alaska. 

DATES: This authorization is effective 

one year from the date of issuance. 

ADDRESSES: 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 below. 

FOR FURTHER INFORMATION CONTACT: Kate 

Fleming, Office of Protected Resources 

(OPR), NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. 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 

proposed or, if the taking is limited to 

harassment, a notice of a proposed IHA 

is provided to the public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of the species or stocks for 

taking for certain subsistence uses 

(referred to in shorthand as 

‘‘mitigation’’); and requirements 

pertaining to the mitigation, monitoring 

and reporting of the takings are set forth. 

The definitions of all applicable MMPA 

statutory terms cited above are included 

in the relevant sections below. 

Summary of Request 

On January 18, 2024, NMFS received 

a request from CBS for an IHA to take 


ddrumheller on DSK120RN23PROD with NOTICES1