Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices 59695 

on the sale of warsaw grouper; and 

established the Oculina Experimental 

Closed Area, which prohibited fishing 

for all snapper grouper species within 

this area (59 FR 27242). Since the 

implementation of Amendment 6 in 

1994, commercial landings of warsaw 

grouper have annually averaged 

approximately 240 pounds (0.1 mt) 

through 2008. Prior to this action, 

commercial landings averaged 

approximately 17,000 pounds (7.7 mt) 

during the previous 14-year time frame, 

1981 through 1994. 

The petition, its references, and 

numerous sources have stated that 

establishment of large marine protected 

areas is likely to be the most effective 

measure for protection and conservation 

of warsaw grouper. Studies have found 

larger and more abundant grouper in 

closed areas than in similar, 

unprotected areas (Sedberry et al., 

1999). Yet, the petition fails to 

acknowledge that this objective has 

characterized Federal fishery 

management of warsaw grouper since 

the early 1990s. As discussed above, the 

Oculina Banks, a unique deep-water 

coral reef ecosystem off the South 

Atlantic coast of the U.S., was protected 

beginning in 1994 specifically to 

facilitate rebuilding of deep-water 

grouper stocks. Amendment 13A to the 

FMP, effective on April 26, 2004, 

extended the prohibition on fishing for 

or possessing snapper grouper species 

within the Oculina Experimental Closed 

Area for an indefinite period (69 FR 

15731). On February 12, 2009, 

Amendment 14 to the FMP established 

eight marine protected areas in which 

fishing for or possession of South 

Atlantic snapper grouper species is 

prohibited (74 FR 1621). Similarly, 

several large closed areas have been 

established in the Gulf of Mexico, 

including the Madison and Swanson 

and Steamboat Lump marine reserves. 

In summary, the petition and 

information in our files does not 

constitute substantial information 

indicating existing regulatory 

mechanisms are inadequate to prevent, 

or are contributing to, extinction risk for 

warsaw grouper that is cause for 

concern. To the contrary, available 

information suggests management 

actions have significantly reduced 

landings, thereby reducing risk of 

overutilization in both the Gulf of 

Mexico and South Atlantic. 

Furthermore, closures of large areas in 

the Gulf of Mexico and South Atlantic 

to fishing effort, including known reef 

habitats important to deep-water 

groupers, likely offer conservation 

benefits to the species. 

Other Natural or Manmade Factors 

The petition and several referenced 

studies state that warsaw grouper is 

vulnerable to increased risk of 

extinction, particularly from fishing 

pressure, due to biological constraints, 

including its large size, long lifespan, 

late age of sexual maturity, low rates of 

population increase, protogynous 

hermaphroditism, and formation of 

spawning aggregations that can be easily 

targeted by fishermen. Concerns about 

the inherent vulnerability of rare deepwater grouper species has been a 

recurring justification for Federal 

fishery management actions 

implemented under the MSFCMA. 

However, as discussed above, fishing 

pressure has been severely curtailed on 

this species. Moreover, neither the 

petition nor information in our files 

suggests that fishing pressure has 

resulted in changes in population 

metrics for the species that might be 

expected given its particular biological 

constraints. Additionally, the petition’s 

inclusion of the species’ vulnerability to 

fishing pressure during spawning 

aggregations is inaccurate. While some 

grouper species, such as goliath and 

black grouper, are known to form 

spawning aggregations, no published 

studies or other available information in 

our files document warsaw grouper 

aggregate to spawn. 

The petition also lists potential small 

population size of adult warsaw grouper 

and human population growth as other 

natural or manmade factors contributing 

to warsaw grouper’s vulnerability, but 

does not provide any supporting 

information to indicate these 

generalized concerns are actually 

negatively affecting warsaw grouper. 

Therefore, we conclude that the 

petition and information in our files 

does not present substantial information 

to suggest that other natural or 

manmade factors, alone or in 

combination with other factors such as 

fishing pressure, may be causing 

extinction risk of concern in warsaw 

grouper. 

Petition Finding 

After reviewing the information 

contained in the petition, as well as 

information readily available in our 

files, we conclude the petition fails to 

present substantial scientific or 

commercial information indicating the 

petitioned action may be warranted. 

References Cited 

A complete list of all references is 

available upon request from the 

Protected Resources Division of the 

NMFS Southeast Regional Office (see 

ADDRESSES). 

Authority: The authority for this action is 

the Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: September 22, 2010. 

Eric C. Schwaab, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–24334 Filed 9–27–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 55–2010] 

Foreign-Trade Zone 169—Manatee 

County, Florida; Extension of 

Subzone; Aso LLC (Adhesive Bandage 

Manufacturing); Sarasota County, FL 

An application has been submitted to 

the Foreign-Trade Zones Board (the 

Board) by the Manatee County Port 

Authority, grantee of FTZ 169, 

requesting to indefinitely extend 

Subzone 169A, on behalf of Aso LLC 

(formerly Aso Corporation) (Aso), 

located in Sarasota County, Florida. The 

application was submitted pursuant to 

the provisions of the Foreign-Trade 

Zones Act, as amended (19 U.S.C. 81a– 

81u), and the regulations of the Board 

(15 CFR part 400). It was formally filed 

on September 23, 2010. 

Subzone 169A (229 employees, total 

annual capacity of 2.2 billion bandage 

strips per year) was approved by the 

Board in 2000 for the manufacture of 

adhesive bandages under FTZ 

procedures (Board Order 1120, 65 FR 

58508–58509, 9/29/2000) for a period of 

4 years of activation, subject to 

extension upon review. Subzone 169A 

consists of one site (166,000 square feet 

of enclosed space on 38 acres) located 

at 300 Sarasota Center Blvd., within the 

International Trade Industrial Park, east 

of Sarasota (Sarasota County), Florida. 

Since approval, the subzone has been 

activated intermittently since the 

company has at times instead used 

various duty suspension provisions on 

adhesive tape. Aso is now requesting to 

indefinitely extend its subzone status 

with manufacturing authority to 

produce adhesive bandages (HTSUS 

3005.10) using foreign-sourced adhesive 

tape (HTSUS 3919.10), representing 

some 22 percent of the final product 

value. 

FTZ procedures would exempt Aso 

from customs duty payments on the 

foreign adhesive tape used in export 

production. The company anticipates 

that some 6 percent of the plant’s 

shipments will be exported. On its 

domestic sales, Aso would be able to 

choose the duty rate during customs 


srobinson on DSKHWCL6B1PROD with NOTICES
59696 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices 

entry procedures that applies to 

adhesive bandages (duty-free) for the 

foreign adhesive tape (duty rate—5.8%) 

noted above. The request indicates that 

the savings from FTZ procedures help 

improve the plant’s international 

competitiveness. 

In accordance with the Board’s 

regulations, Diane Finver of the FTZ 

Staff is designated examiner to evaluate 

and analyze the facts and information 

presented in the application and case 

record and to report findings and 

recommendations to the Board. 

Public comment is invited from 

interested parties. Submissions (original 

and 3 copies) shall be addressed to the 

Board’s Executive Secretary at the 

address below. The closing period for 

their receipt is November 29, 2010. 

Rebuttal comments in response to 

material submitted during the foregoing 

period may be submitted during the 

subsequent 15-day period to December 

13, 2010. 

A copy of the application will be 

available for public inspection at the 

Office of the Executive Secretary, 

Foreign-Trade Zones Board, Room 2111, 

U.S. Department of Commerce, 1401 

Constitution Avenue, NW., Washington, 

DC 20230–0002, and in the ‘‘Reading 

Room’’ section of the Board’s Web site, 

which is accessible via http:// 

www.trade.gov/ftz. 

For further information, contact Diane 

Finver at Diane.Finver@trade.gov or 

(202) 482–1367. 

Dated: September 23, 2010. 

Elizabeth Whiteman, 

Acting Executive Secretary. 

[FR Doc. 2010–24315 Filed 9–27–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

National Estuarine Research Reserve 

System 

AGENCY: Estuarine Reserves Division, 

Office of Ocean and Coastal Resource 

Management, National Ocean Service, 

National Oceanic and Atmospheric 

Administration, U.S. Department of 

Commerce 

ACTION: Notice of Final Approval and 

Availability of Revised Management 

Plans for the following National 

Estuarine Research Reserves: Arraigns 

Bay, RI and Tijuana River, CA. 

SUMMARY: Notice is hereby given that 

the Estuarine Reserves Division, Office 

of Ocean and Coastal Resource 

Management, National Ocean Service, 

National Oceanic and Atmospheric 

Administration (NOAA), U.S. 

Department of Commerce has approved 

the revised management plans of the 

Arraigns Bay, RI National Estuarine 

Research Reserve and the Tijuana River, 

CA National Estuarine Research 

Reserve. The Arraigns Bay, RI Reserve 

plan calls for an expansion to their 

boundary and the Tijuana River, CA 

Reserve plan calls for a reduction to 

their boundary. 

The revised management plan for the 

Arraigns Bay, RI National Estuarine 

Research Reserve outlines the 

administrative structure; the education, 

training, stewardship, and research 

goals of the reserve; and the plans for 

future land acquisition and facility 

development to support reserve 

operations. The objectives described in 

this plan are designed to address the 

most critical coastal issues in Arraigns 

Bay such as wastewater and storm water 

management, coastal and watershed 

development, and invasive species 

management. Since the last approved 

management plan in 1998, the reserve 

has become fully staffed; added a 

coastal training program that delivers 

science-based information to key 

decision makers; and added significant 

monitoring of invasive species, water 

quality, fish and bird populations. In 

addition to programmatic and staffing 

advances, the reserve upgraded visiting 

research facilities, space available for 

education and storage, and has 

increased the availability of dock space 

for research and educational 

programming. 

This management plan calls for a 

boundary expansion of 156 acres. The 

lands consist of one 128 acre parcel on 

the northern end of Prudence Island that 

is adjacent to current reserve property 

and the addition of the 28 acre Dyer 

Island. Dyer Island habitats include 

coastal brush, salt marsh, cobble 

beaches, and both hard and soft 

substrate submerged lands. The island is 

considered a critical bird rookery and 

hosts an unusual amount of macro algal 

diversity and rare examples of un 

ditched salt marsh habitat. The 128 acre 

Ballard Property on Prudence Island 

consists of forested land with early 

succession al shrub land and grassland 

communities as well as an important 

freshwater creek and the associated 

wetlands. The Dyer Island property will 

provide opportunities for research and 

passive recreation while the easily 

accessed Prudence Island parcel will be 

appropriate for education, recreation, 

and upland research purposes. This 

plan can be accessed at http:// 

www.nbnerr.org or nerrs.noaa.gov. 

The revised management plan for the 

Tijuana River, CA National Estuarine 

Research Reserve outlines a framework 

of overarching goals and program 

specific objectives that will guide the 

education, training, stewardship, and 

research programs of the reserve; 

updates the reserve boundary; proposes 

criteria for boundary expansion 

activities through acquisition and/or 

mitigation; as well as outlines plans for 

facility use and development to support 

reserve operations. The goals described 

in this plan are designed to provide a 

framework that supports program 

integration for collaborative 

management in a highly urbanized binational watershed. 

Since the last approved management 

plan in 2000, the reserve has become 

fully staffed; added a coastal training 

program that delivers science-based 

information to key decision makers; 

developed a robust volunteer program 

that provides broad support to Reserve 

programs; added a bi-nationally focused 

Watershed Program; completed habitat 

restoration projects to improve estuary 

function; improved management of 

sediment delivery to the estuary; and 

constructed facilities to support 

essential functions of the reserve 

including interpretive structures, staff 

offices, and an on-site laboratory. 

This management plan amends the 

boundary of the reserve to be 2,293 

acres, 238 acres less, in part as a result 

of excluding the Border Infrastructure 

System completed since the last 

approved management plan. This plan 

can be accessed at trnerr.org/ 

visitors_center.html or nerrs.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Alison Krepp at (301) 563–7105 

regarding the Tijuana River CA, 

National Estuarine Research Reserve 

and Cory Riley at (603) 862–2813 

regarding the Arraigns Bay RI, National 

Estuarine Research Reserve or Laurie 

McGilvray at (301) 563–1158 of NOAA’s 

National Ocean Service, Estuarine 

Reserves Division, 1305 East-West 

Highway, N/ORM5, 10th floor, Silver 

Spring, MD 20910. 

Dated: September 21, 2010. 

Donna Witting, 

Acting Director, Office of Ocean and Coastal 

Resource Management, National Oceanic and 

Atmospheric Administration. 

[FR Doc. 2010–24341 Filed 9–27–10; 8:45 am] 

BILLING CODE 3510–08–P 


srobinson on DSKHWCL6B1PROD with NOTICES