19528 Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices 

From Mexico, 64 FR 40560 (July 27, 1999) 

(Amended Final Determination and Order). 

methodology described in Antidumping 

Proceedings: Calculation of the 

Weighted–Average Dumping Margin 

During an Antidumping Investigation; 

Final Modification, 71 FR 77722 

(December 27, 2006). The Department 

also invited interested parties to 

comment on the preliminary results. 

After receiving comments and rebuttal 

comments from interested parties, the 

Department issued its final results for 

the section 129 determination on March 

31, 2009. 

Consistent with section 129(b)(3) of 

the URAA, USTR held consultations 

with the Department and the 

appropriate congressional committees 

with respect to this determination. On 

April 23, 2009, in accordance with 

sections 129(b)(4) and 129(c)(1)(B) of the 

URAA, USTR directed the Department 

to implement in whole this 

determination. 

Nature of the Proceedings 

Section 129 of the URAA governs the 

nature and effect of determinations 

issued by the Department to implement 

findings by WTO dispute settlement 

panels and the Appellate Body. 

Specifically, section 129(b)(2) provides 

that ‘‘notwithstanding any provision of 

the Tariff Act of 1930,’’ within 180 days 

of a written request from USTR, the 

Department shall issue a determination 

that would render its actions not 

inconsistent with an adverse finding of 

a WTO panel or the Appellate Body. See 

19 U.S.C. 3538(b)(2). The Statement of 

Administrative Action accompanying 

the URAA (SAA), H.R. Doc. No. 103– 

316, Vol. 1 (1994), reprinted in 1994 

U.S.C.C.A.N. 3773 variously refers to 

such a determination by the Department 

as a ‘‘new,’’ ‘‘second,’’ and ‘‘different’’ 

determination. See SAA at 1025 and 

1027. After consulting with the 

Department and the appropriate 

congressional committees, USTR may 

direct the Department to implement, in 

whole or in part, the new determination 

made under section 129. See 19 U.S.C. 

3538(b)(4). Pursuant to section 129(c), 

the new determination shall apply with 

respect to unliquidated entries of the 

subject merchandise that are entered, or 

withdrawn from warehouse, for 

consumption on or after the date on 

which USTR directs the Department to 

implement the new determination. See 

19 U.S.C. 3538(c). The new 

determination is subject to judicial 

review separate and apart from judicial 

review of the Department’s original 

determination. See 19 U.S.C. 

1516a(a)(2)(B)(vii). 

Analysis of Comments Received 

The issues raised in the case and 

rebuttal briefs submitted by interested 

parties to this proceeding are addressed 

in the final results of proceeding under 

section 129 of the URAA. See ‘‘Issues 

and Decision Memorandum for the 

Final Results of Proceeding Under 

Section 129 of the Uruguay Round 

Agreements Act: Antidumping 

Measures on Stainless Steel from 

Mexico’’ from John M. Andersen, Acting 

Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, to Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration, dated March 31, 2009 

(Issues and Decision Memorandum), 

which is hereby adopted by this notice. 

The Issues and Decision Memorandum 

is on file in the Central Records Unit 

(CRU), room 1117 of the Department of 

Commerce main building and can be 

accessed directly at http://ia.ita.doc.gov/ 

download/section129/full–129– 

index.html. The paper copy and 

electronic version of the Issues and 

Decision Memorandum are identical in 

content. A list of the issues addressed in 

the Issues and Decision Memorandum is 

appended to this notice. 

Final Antidumping Margins 

The recalculated margins, unchanged 

from the preliminary results, are as 

follows: 

Manufacturer/Exporter Amended Final Determination2 Recalculated Weighted-Average Margins 

ThyssenKrupp Mexinox S.A. de C.V.3 ........................ 30.85 percent 30.69 percent 

All Others ..................................................................... 30.85 percent 30.69 percent 

2See Amended Final Determination and Order, 64 FR at 40562. 3This company was included in the less-than-fair-value investigation under the name of its predecessor, Mexinox S.A. de C.V. However, the 

Department subsequently made a formal successor-in-interest finding with respect to this company. See Stainless Steel Sheet and Strip in Coils 

from Mexico: Final Results of Changed Circumstances Antidumping Duty Administrative Review, 67 FR 48878 (July 26, 2002). 

Implementation 

On April 23, 2009, in accordance with 

sections 129(b)(4) and 129(c)(1)(B) of the 

URAA, USTR directed the Department 

to implement this determination, 

effective April 23, 2009. Accordingly, 

we will instruct U.S. Customs and 

Border Protection (CBP) to change the 

all–others cash–deposit rate from 30.85 

percent ad valorem to 30.69 percent ad 

valorem. 

This notice serves as the only 

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 return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

This determination is issued and 

published in accordance with section 

129(c)(2)(A) of the URAA. 

Dated: April 23, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix I 

Issues Raised in the Issues and Decision 

Memorandum 

Comment 1: Whether the Department 

Should Recalculate Margins in Eight 

Administrative Reviews 

[FR Doc. E9–9809 Filed 4–28–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XO28 

Listing Endangered and Threatened 

Species: Initiation of Status Review for 

the Oregon Coast Evolutionarily 

Significant Unit of Coho Salmon 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Initiation of status review and 

request for information. 

SUMMARY: We, NMFS, initiate a status 

review under the Endangered Species 

Act (ESA) for the Oregon Coast coho 


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Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices 19529 

salmon (Oncorhynchus kisutch) 

evolutionarily significant unit (ESU). To 

ensure that the status review is 

complete and based upon the best 

available scientific and commercial 

information, we solicit information 

regarding the population structure, 

status and trends, and limiting factors 

and threats of this coho salmon ESU. 

DATES: Information and comments on 

the subject action must be received by 

July 28, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–XO28, by any of 

the following methods: 

• Fax: 503–230–5441. 

• Mail: Submit written comments and 

information to Chief, NMFS, Protected 

Resources Division, 1201 NE Lloyd 

Boulevard, Suite 1100, Portland, OR 

97232. You may hand-deliver written 

comments to our office during normal 

business hours at the street address 

given above. 

FOR FURTHER INFORMATION CONTACT: For 

further information regarding this notice 

contact Garth Griffin, NMFS, Northwest 

Region, (503) 231–2005; or Marta 

Nammack, NMFS, Office of Protected 

Resources, (301) 713–1401. 

SUPPLEMENTARY INFORMATION: 

Background 

In a Federal Register notice published 

February 11, 2008 (73 FR 7816), we 

issued a final determination to list the 

Oregon Coast coho salmon ESU as a 

threatened species under the ESA, and 

also issued final protective regulations 

and designated critical habitat. The 

current listing of Oregon Coast coho 

salmon and associated protections will 

remain in place while we conduct this 

new review. If we determine that a 

change in listing status is warranted, 

such a finding would be proposed in a 

subsequent Federal Register notice, and 

public comment would be solicited. A 

thorough review of previous Federal 

ESA actions related to Oregon Coast 

coho salmon can be found in 73 FR 

7816 through 7817 (February 11, 2008). 

ESA Statutory, Regulatory, and Policy 

Provisions 

To be considered for listing under the 

ESA, a group of organisms must 

constitute a ‘‘species,’’ which is defined 

in section 3 of the ESA to include ‘‘any 

subspecies of fish or wildlife or plants, 

and any distinct population segment 

[DPS] of any species of vertebrate fish or 

wildlife which interbreeds when 

mature.’’ NMFS treats ESUs of Pacific 

salmon as constituting a DPS, and hence 

a ‘‘species’’ under the ESA (56 FR 

58612; November 20, 1991). To qualify 

as an ESU, a Pacific salmon population 

must be substantially reproductively 

isolated from other conspecific 

populations and represent an important 

component in the evolutionary legacy of 

the biological species. 

The ESA defines an endangered 

species as one that is in danger of 

extinction throughout all or a significant 

portion of its range, and a threatened 

species as one that is likely to become 

endangered in the foreseeable future 

(sections 3(6) and 3(20), respectively). 

The statute requires us to determine 

whether any species is endangered or 

threatened because of any of five factors: 

the present or threatened destruction of 

its habitat, overexploitation, disease or 

predation, the inadequacy of existing 

regulatory mechanisms, or any other 

natural or manmade factors (section 

4(a)(1)(A) (E)). We are to make this 

determination based solely on the best 

available scientific information after 

conducting a review of the status of the 

species and taking into account any 

efforts being made by states or foreign 

governments to protect the species. The 

focus of our evaluation of these five 

factors is to evaluate whether and to 

what extent a given factor represents a 

threat to the future survival of the 

species. The focus of our consideration 

of protective efforts is to evaluate 

whether these efforts substantially have 

and will continue to address the 

identified threats and so ameliorate a 

species’ risk of extinction. In making 

our listing determination, we must 

consider all factors that may affect the 

future viability of the species, including 

whether regulatory and conservation 

programs are inadequate and allow 

threats to the species to persist or 

worsen, or whether these programs are 

likely to mitigate threats to the species 

and reduce its extinction risk. The steps 

we follow in implementing this 

statutory scheme are to: review the 

status of the species, analyze the factors 

listed in section 4(a)(1) of the ESA to 

identify threats facing the species, 

assess whether certain protective efforts 

mitigate these threats, and make our 

best prediction about the species’ future 

persistence. 

The joint NMFS FWS Policy on 

Evaluating Conservation Efforts 

(‘‘PECE’’ 68 FR 15100; March 28, 2003) 

provides direction for considering 

protective efforts identified in 

conservation agreements, conservation 

plans, management plans, or similar 

documents (developed by Federal 

agencies, state and local governments, 

tribal governments, businesses, 

organizations, and individuals) that 

have not yet been implemented, or have 

been implemented but have not yet 

demonstrated effectiveness. 

Distribution and Life History Coho 

Salmon 

Coho salmon (O. kisutch) are a 

widespread species of Pacific salmon, 

occurring in most major river basins 

around the Pacific Rim from Monterey 

Bay, California, north to Point Hope, 

Alaska, through the Aleutians, and from 

the Anadyr River south to Korea and 

northern Hokkaido, Japan (Laufle et al., 

1986). From central British Columbia 

south, the majority of coho salmon 

adults are 3–year-olds, having spent 

approximately 18 months in fresh water 

and 18 months in salt water (Gilbert, 

1912; Pritchard, 1940; Sandercock, 

1991). The primary exceptions to this 

pattern are ‘‘jacks,’’ sexually mature 

males that return to freshwater to spawn 

after only 5–7 months in the ocean. 

However, in southeast and central 

Alaska, the majority of coho salmon 

adults are 4–year-olds, having spent an 

additional year in fresh water before 

going to sea (Godfrey et al., 1975; Crone 

and Bond, 1976). The transition zone 

between predominantly 3–year-old and 

4–year-old adults occurs somewhere 

between central British Columbia and 

southeast Alaska. 

West Coast coho smolts typically 

leave freshwater in the spring (April to 

June) and re-enter freshwater when 

sexually mature from September to 

November, and spawn from November 

to December and occasionally into 

January (Sandercock, 1991). Stocks from 

British Columbia, Washington, and the 

Columbia River often have very early 

(entering rivers in July or August) or late 

(spawning into March) runs in addition 

to ‘‘normally’’ timed runs. 

Information Solicited 

ESU Structure and Extinction Risk 

To ensure that the updated status 

review is complete and based on the 

best available and most recent scientific 

and commercial data, we solicit 

information and comments (see DATES

and ADDRESSES) concerning Oregon 

Coast coho salmon. We solicit pertinent 

information on the viability of naturally 

spawned and hatchery populations such 

as: data on population abundance, 

recruitment, productivity, escapement, 

and reproductive success (e.g., spawnerrecruit or spawner-spawner 

survivorship, fecundity, smolt 

production estimates, and smolt-toadult ocean survival rates); historical 

and present data on hatchery fish 

releases, outmigration, survivorship, 

returns, straying rates, replacement 

rates, and reproductive success in the 

wild; data on age structure and 

migration patterns of juveniles and 

adults; meristic, morphometric, and 


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19530 Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices 

genetic studies; and information on 

harvest rates on hatchery and wild fish. 

Data since our last evaluation (2002) is 

particularly helpful. 

In the February 2008 listing 

determination for Oregon Coast coho (73 

FR 7816), we noted that the principal 

inquiry in determining if this ESU 

warrants listing is whether present 

habitat conditions are sufficient to 

support a viable ESU, particularly 

during periods of unfavorable marine 

conditions and low marine survival, and 

whether future freshwater habitat 

conditions are expected to degrade. We 

concluded that the present and future 

status of freshwater habitat for the 

Oregon Coast coho ESU was uncertain. 

Accordingly, we also seek information 

on spatial or temporal trends in habitat 

accessibility, quality, and quantity of 

freshwater (including overwintering and 

rearing habitats) habitats within the 

boundaries of the Oregon Coast coho 

ESU. 

Efforts Being Made to Protect Oregon 

Coast Coho Salmon 

We also encourage all parties to 

submit information on ongoing efforts to 

protect and conserve Oregon Coast coho 

salmon, as well as information on 

recently implemented or planned 

activities and their likely impact(s). 

References 

Copies of the petition and related 

materials are available on the Internet at 

http://www.nwr.noaa.gov, or upon 

request (see ADDRESSES section above). 

Authority: 16 U.S.C. 1531 et seq. 

Dated: April 23, 2009. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E9–9823 Filed 4–28–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XL62 

Marine Mammal Stock Assessment 

Reports 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability; response 

to comments. 

SUMMARY: As required by the Marine 

Mammal Protection Act (MMPA), NMFS 

has incorporated public comments into 

revisions of marine mammal stock 

assessment reports (SARs). These 

reports for 2008 are now final and 

available to the public. 

ADDRESSES: Electronic copies of SARs 

are available on the Internet as regional 

compilations and individual reports at 

the following address: http:// 

www.nmfs.noaa.gov/pr/sars/. You also 

may send requests for copies of reports 

to: Chief, Marine Mammal and Sea 

Turtle Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910– 

3226, Attn: Stock Assessments. 

Copies of the Alaska Regional SARs 

may be requested from Robyn Angliss, 

Alaska Fisheries Science Center, 7600 

Sand Point Way, BIN 15700, Seattle, 

WA 98115.Copies of the Atlantic 

Regional SARs may be requested from 

Gordon Waring, Northeast Fisheries 

Science Center, 166 Water Street, 

Woods Hole, MA 02543. 

Copies of the Pacific Regional SARs 

may be requested from Jim Carretta, 

Southwest Fisheries Science Center, 

NMFS, 8604 La Jolla Shores Drive, La 

Jolla, CA 92037–1508. 

FOR FURTHER INFORMATION CONTACT: Tom 

Eagle, Office of Protected Resources, 

301–713–2322, ext. 105, e-mail 

Tom.Eagle@noaa.gov; Robyn Angliss, 

Alaska Fisheries Science Center, 206– 

526–4032, email 

Robyn.Angliss@noaa.gov; Gordon 

Waring, Northeast Fisheries Science 

Center, email Gordon.Waring@noaa.gov; 

or Jim Carretta, Southwest Fisheries 

Science Center, 858–546–7171, email 

Jim.Carretta@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 117 of the MMPA (16 U.S.C. 

1361 et seq.) required NMFS and the 

U.S. Fish and Wildlife Service (FWS) to 

prepare stock assessments for each stock 

of marine mammals occurring in waters 

under the jurisdiction of the United 

States. These reports contain 

information regarding the distribution 

and abundance of the stock, population 

growth rates and trends, the stock’s 

Potential Biological Removal level 

(PBR), estimates of annual humancaused mortality and serious injury 

from all sources, descriptions of the 

fisheries with which the stock interacts, 

and the status of the stock. Initial 

reports were completed in 1995. 

The MMPA requires NMFS and FWS 

to review the SARs at least annually for 

strategic stocks and stocks for which 

significant new information is available, 

and at least once every 3 years for nonstrategic stocks. NMFS and FWS are 

required to revise a SAR if the status of 

the stock has changed or can be more 

accurately determined. NMFS, in 

conjunction with the Alaska, Atlantic, 

and Pacific Scientific Review Groups 

(SRGs), reviewed the status of marine 

mammal stocks as required and revised 

reports in each of the three regions. 

As required by the MMPA, NMFS 

updated SARs for 2008, and the revised 

reports were made available for public 

review and comment (73 FR 40299, July 

14, 2008). The MMPA also specifies that 

the comment period on draft SARs must 

be 90 days. NMFS received comments 

on the draft SARs and has revised the 

reports as necessary. The final reports 

for 2008 are available. 

Comments and Responses 

NMFS received letters containing 

comments on the draft 2008 SARs from 

two Federal agencies (Marine Mammal 

Commission and Environmental Quality 

Division, National Park Service), three 

non-governmental organizations (Center 

for Biological Diversity, Australians for 

Animals International, and Hawaii 

Longline Association), and two 

individuals. Most letters contained 

multiple comments. 

Unless otherwise noted, comments 

suggesting editorial or minor clarifying 

changes were included in the reports. 

Such editorial comments and responses 

to them are not included in the 

summary of comments and responses 

below. Other comments recommended 

development of Take Reduction Plans or 

to initiate or repeat large data collection 

efforts, such as abundance surveys, 

observer programs, or other mortality 

estimates. Comments on actions not 

related to the SARs (e.g., convening a 

Take Reduction Team or listing a 

marine mammal species under the 

Endangered Species Act (ESA)) are not 

included below. Many comments 

recommending additional data 

collection (e.g., additional abundance 

surveys or observer programs) have been 

addressed in previous years. NMFS’ 

resources for surveys, observer 

programs, or other mortality estimates 

are fully utilized, and no new large 

surveys or other programs may be 

initiated until additional resources are 

available or until ongoing monitoring or 

conservation efforts can be terminated 

so that the resources supporting them 

can be redirected. Such comments on 

the 2008 SARs and responses to them 

may not be included in the summary 

below because the responses have not 

changed. 

In some cases, NMFS’ responses state 

that comments would be considered for, 

or incorporated into, future revisions of 

the SAR rather than being incorporated 


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