28564 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 

protective order (‘‘APO’’) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305. Timely 

notification of return or 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 and notice are 

issued and published in accordance 

with sections 735(d) and 777(i)(1) of the 

Act. 

Dated: May 14, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix I 

Comment 1: Surrogate Values 

A. Financial Ratios 

B. Wire Rod 

C. By-product Offset for Scrap Tie Wire 

Comment 2: Xinhua Metal 

A. Adverse Facts Available (‘‘AFA’’) 

B. Foreign Brokerage and Handling 

C. PRC Domestic Insurance 

Comment 3: WJMP 

A. AFA 

B. Treatment of Certain Factors as Factory 

Overhead 

C. Valuation of Coal 

D. Valuation of Seals—Steel Belts 

Comment 4: Fasten Group I&E’s Separate 

Rate 

Comment 5: Surrogate-Value Based 

Methodology 

[FR Doc. 2010–12310 Filed 5–20–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XW26 

Fisheries of the Northeast Region; 

Pacific Region 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of determination of 

overfishing or an overfished condition. 

SUMMARY: This action serves as a notice 

that NMFS, on behalf of the Secretary of 

Commerce (Secretary), has determined 

that in the Northeast Region, Gulf of 

Maine/Georges Bank pollock, Gulf of 

Maine/Georges Bank windowpane and 

Northwestern Atlantic Coast witch 

flounder are subject to overfishing and 

are in an overfished condition. Also, in 

the Northeast Region, Southern New 

England/Mid-Atlantic windowpane is 

subject to overfishing and Georges Bank 

winter flounder is in an overfished 

condition. In addition, in the Pacific 

Region, the fall Chinook salmon stock in 

the Sacramento River has been 

determined to be in an overfished 

condition. 

NMFS notifies the appropriate fishery 

management council (Council) 

whenever it determines that; overfishing 

is occurring, a stock is in an overfished 

condition, or a stock is approaching an 

overfished condition. If a Council has 

been notified that a stock is in an 

overfished condition the Council must, 

within 2 years, prepare and implement 

an FMP amendment or proposed 

regulations to rebuild the affected stock. 

FOR FURTHER INFORMATION CONTACT: 

Mark Nelson, (301) 713–2341. 

SUPPLEMENTARY INFORMATION: Pursuant 

to sections 304(e)(2) and (e)(7) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), 16 U.S.C. 

1854(e)(2) and (e)(7), and implementing 

regulations at 50 CFR 600.310(e)(2), 

NMFS, on behalf of the Secretary, 

notifies Councils whenever it 

determines; a stock or stock complex is 

approaching an overfished condition, a 

stock or stock complex is overfished, or 

existing action taken to prevent 

previously identified overfishing or 

rebuilding a previously identified 

overfished stock or stock complex has 

not resulted in adequate progress. 

NMFS also notifies Councils when it 

determines a stock or stock complex is 

subject to overfishing. 

For a fishery determined to be 

overfished or approaching an overfished 

condition, NMFS also requests that the 

appropriate Council, or the Secretary, 

for fisheries under section 302(a)(3) of 

the Magnuson-Stevens Act, take action 

to end or prevent overfishing in the 

fishery and to implement conservation 

and management measures to rebuild 

overfished stocks. Councils (or the 

Secretary) receiving notification that a 

fishery is overfished must, within 2 

years of notification, implement a 

rebuilding plan, through an FMP 

Amendment or proposed regulations, 

which ends overfishing immediately 

and provides for rebuilding the fishery 

in accordance with 16 U.S.C. 1854(e)(3)- 

(4) as implemented by 50 CFR 

600.310(j)(2)(ii). Councils receiving a 

notice that a fishery is approaching an 

overfished condition must prepare and 

implement, within two years, an FMP 

amendment or proposed regulations to 

prevent overfishing from occurring. 

When developing rebuilding plans 

Councils (or the Secretary), in addition 

to rebuilding the fishery within the 

shortest time possible in accordance 

with 16 U.S.C. 1854(e)(4) and 50 CFR 

600.310(j)(2)(ii), must ensure that such 

actions address the requirements to 

amend the FMP for each affected stock 

or stock complex to establish a 

mechanism for specifying and actually 

specify Annual Catch Limits (ACLs) and 

Accountability Measures (AMs) to 

prevent overfishing in accordance with 

16 U.S.C. 1853(a)(15) and 50 CFR 

600.310(j)(2)(i). 

On August 4, 2008, NMFS published 

the Report of the 3rd Groundfish 

Assessment Review Meeting (GARM III) 

which showed that Gulf of Maine/ 

Georges Bank pollock, Gulf of Maine/ 

Georges Bank windowpane and 

Northwestern Atlantic Coast witch 

flounder are subject to overfishing and 

are in an overfished condition. In 

addition, GARM III showed that 

Southern New England/Mid-Atlantic 

windowpane is subject to overfishing 

and Georges Bank winter flounder is in 

an overfished condition. The New 

England Fishery Management Council 

(NEFMC) was notified on September 2, 

2008, of the results of the GARM III. 

However, official status changes could 

not be made at the time because GARM 

III also recommended changes in the 

status determination criteria (SDC) 

contained in the Multispecies FMP, 

which required an FMP amendment 

before the status determinations could 

be changed. These changes occurred in 

January 2010. 

On March 2, 2010, NMFS informed 

the Pacific Fisheries Management 

Council that the Sacramento River Fall 

Chinook salmon stock failed to meet the 

escapement goal for the third 

consecutive year, which has triggered an 

overfished status determination. 

As noted above, within 2 years of 

notification of an overfished 

determination, the respective Council 

(or the Secretary) must adopt and 

implement a rebuilding plan, through 

an FMP Amendment or proposed 

implementing regulations, which ends 

overfishing immediately and provides 

for rebuilding of the stock. In addition, 

for the fisheries experiencing 

overfishing, the responsible Councils 

must propose, and NMFS must adopt, 

effective ACLs and AMs to end 

overfishing. 

Dated: May 14, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–12282 Filed 5–20–10; 8:45 am] 

BILLING CODE 3510–22–S 


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