25710 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 

Fisheries in cooperation with the Lake 

Ozette Sockeye Steering Committee. 

Port Angeles, WA. 

McElhany, P., M.H. Ruckelshaus, M.J. 

Ford, T.C. Wainwright, and E.P. 

Bjorkstedt. 2000. Viable salmon 

populations and the recovery of 

evolutionarily significant units. U.S. 

Dept. of Commerce, NOAA Tech. 

Memo., NMFS-NWFSC 42. 156p. 

Rawson, K., N.J. Sands, K.P.Currens, 

W. Graeber, M. Ruckelshaus, R. 

Fuerstenberg, and J.B. Scott. 2008. 

Viability Criteria for the Lake Ozette 

Sockeye Salmon ESU. Puget Sound 

Technical Recovery Team document. 

Northwest Fisheries Science Center. 

NOAA Fisheries Service. Seattle, WA. 

39p. 

Washington Department of Fish and 

Wildlife (WDFW). 2003. State of 

Washington: An Outline for Salmon 

Recovery Plans. December 2003. 

Olympia, WA. 44p. 

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

Dated: May 22, 2009. 

Therese Conant, 

Acting Chief, Endangered Species Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. E9–12558 Filed 5–28–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XP34 

Fisheries in the Western Pacific; 

Amended Marine Conservation Plan 

for Pacific Insular Areas; Northern 

Mariana Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of agency decision. 

SUMMARY: NMFS announces the 

approval of an amended marine 

conservation plan (MCP) for the 

Northern Mariana Islands. 

DATES: This agency decision is effective 

October 6, 2008, through October 6, 

2011. 

ADDRESSES: Copies of the MCP are 

available from the Western Pacific 

Fishery Management Council (Council), 

1164 Bishop St., Suite 1400, Honolulu, 

HI 96813, tel 808–522–8220, fax 808– 

522–8226. 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, Sustainable Fisheries, 

NMFS Pacific Islands Regional Office, at 

808–944–2108. 

SUPPLEMENTARY INFORMATION: Under 

Section 204(e)(1)(A)of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), the Secretary of State, with the 

concurrence of the Secretary of 

Commerce (Secretary) and in 

consultation with the Council, may 

negotiate and enter into a Pacific Insular 

Area fishery agreement (PIAFA) to allow 

foreign fishing within waters of the U.S. 

Exclusive Economic Zone (EEZ) 

adjacent to American Samoa, Guam, or 

the Northern Mariana Islands, and at the 

request and with the concurrence of, 

and in consultation with, the Governor 

of the Pacific Insular Area to which the 

PIAFA applies. Section 204(e)(4) of the 

Magnuson-Stevens Act requires that 

prior to entering into a PIAFA, the 

appropriate Governor and the Council 

shall develop a three-year MCP 

containing detailing the uses for funds 

to be collected by the Secretary under 

the PIAFA. 

Any payments received under a 

PIAFA shall be deposited into the 

United States Treasury and then 

covered over to the Treasury of the 

Pacific Insular Area for which funds 

were collected. In the case of violations 

by foreign fishing vessels occurring 

within the EEZ off any Pacific Insular 

Area, any amount received by the 

Secretary which is attributable to fines 

and penalties imposed under the 

Magnuson-Stevens Act, including such 

sums collected from the forfeiture and 

disposition or sale of property seized 

subject to its authority, after payment of 

direct costs of the enforcement action to 

all entities involved in such action, 

shall be deposited into the Treasury of 

the Pacific Insular Area adjacent to the 

EEZ in which the violation occurred, to 

be used for fisheries enforcement and 

for implementation of a MCP. The MCP 

to be approved by the Secretary must be 

consistent with the Council’s fishery 

management plans, identify 

conservation and management 

objectives (including criteria for 

determining when such objectives have 

been met), and prioritize planned 

marine conservation projects. 

In June 2007, the Council approved an 

MCP for the Commonwealth of the 

Northern Mariana Islands (CNMI) and 

recommended its submission to the 

Secretary for approval. NMFS, designee 

of the Secretary, received the MCP on 

March 10, 2008. Following review and 

revision of the MCP, the Department of 

Lands and Natural Resources, CNMI, 

submitted the completed MCP on behalf 

of the Governor to NMFS on September 

23, 2008. That MCP, dated June 2007, 

satisfied the requirements of MSA 

Section 204(e), and was approved for 

the three-year period October 6, 2008, 

through October 6, 2011 (73 FR 61020, 

October 15, 2008). 

At its 144th meeting in March 2009, 

the Council approved an amended MCP 

for the CNMI. On April 9, 2009, the 

Governor of the CNMI submitted the 

amended MCP, dated March 2009. The 

March 2009 document revises the 

objective related to domestic fisheries 

development, and the prioritization of 

projects. The amendments are aimed at 

further promoting the development and 

enhancing the economic viability of 

CNMI fisheries. 

The amended MCP contains 12 

objectives, listed below, which are 

consistent with the Council’s five 

existing fishery management plans: 

1. Data collection and reporting; 

2. Resource assessment and 

monitoring; 

3. Incidental catch, bycatch, and 

protected species interaction; 

4. Habitat assessment and monitoring; 

5. Management procedures; 

6. Surveillance and enforcement; 

7. Promote responsible domestic 

fisheries development to provide long 

term economic growth and stability and 

local food production; 

8. Marine conservation education; 

9. Public participation; 

10. Regional cooperation; 

11. Western Pacific demonstration 

projects; and 

12. Performance evaluation. 

The MCP identifies 22 programs or 

projects associated with the MCP 

objectives for potential funding under a 

PIAFA, as listed below in order of 

priority: 

1. EEZ enforcement program; 

2. Analysis of data on pelagic fishery 

resources; 

3. Commercial harvest monitoring 

system; 

4. Fisheries technology and education 

program; 

5. Longline permit, reporting and 

quota utilization program; 

6. Development of fish marketing plan 

that includes topics on market 

identification, transportation, fish 

products, branding and eco-labeling, 

and other marketing issues; 

7. CNMI commercial fisheries 

baseline assessment; 

8. Regional fisheries meeting and 

conferences funding assistance; 

9. Enhance fishing opportunities by 

deploying community fish aggregation 

devices; 

10. Vessel monitoring program; 

11. Construction of cold storage, fish 

processing, and fish market facilities; 

12. Foreign fishery observer program; 

13. Establish fishery management 

units for the EEZ; 

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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 25711 

1Such entities include entities that have not 

participated in the proceeding, entities that were 

preliminarily granted a separate rate in any 

currently incomplete segment of the proceeding 

(e.g., an ongoing administrative review, new 

shipper review, etc.) and entities that lost their 

separate rate in the most recently complete segment 

of the proceeding in which they participated. 

14. Northern islands remote fishing 

station project; 

15. Village based aquaculture project; 

16. Charter fishing economic impact 

study; 

17. Bycatch interaction report; 

18. Subsistence and recreational 

harvest monitoring system; 

19. Recreational and subsistence 

fishing economic impact and use study; 

20. Foreign fishery management 

measures; 

21. Vessel pollution prevention 

education program; and 

22. Foreign fishing revenue for the 

Puerto Rico dump cleanup. 

This notice announces that NMFS has 

determined that the amended MCP for 

the Northern Mariana Islands satisfies 

the requirements of the MagnusonStevens Act and has approved the 

amended MCP for the three-year period 

October 6, 2008, through October 6, 

2011. 

Dated: May 22, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–12553 Filed 5–28–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

has received requests to conduct 

administrative reviews of various 

antidumping and countervailing duty 

orders and findings with April 

anniversary dates. In accordance with 

the Department’s regulations, we are 

initiating those administrative reviews. 

DATES: Effective Date: May 29, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sheila E. Forbes, Office of AD/CVD 

Operations, Customs Unit, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230, 

telephone: (202) 482–4697. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department has received timely 

requests, in accordance with 19 CFR 

351.213(b)(2002), for administrative 

reviews of various antidumping and 

countervailing duty orders and findings 

with April anniversary dates. 

Notice of No Sales 

Under 19 CFR 351.213(d)(3), the 

Department may rescind a review where 

there are no exports, sales, or entries of 

subject merchandise during the 

respective period of review (POR) listed 

below. If a producer or exporter named 

in this initiation notice had no exports, 

sales, or entries during the POR, it 

should notify the Department within 30 

days of publication of this notice in the 

Federal Register. The Department will 

consider rescinding the review only if 

the producer or exporter, as appropriate, 

submits a properly filed and timely 

statement certifying that it had no 

exports, sales, or entries of subject 

merchandise during the POR. All 

submissions must be made in 

accordance with 19 CFR 351.303 and 

are subject to verification in accordance 

with section 782(i) of the Tariff Act of 

1930, as amended (the Act). Six copies 

of the submission should be submitted 

to the Assistant Secretary for Import 

Administration, International Trade 

Administration, Room 1870, U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue, NW., 

Washington, DC 20230. Further, in 

accordance with 19 CFR 351.303(f)(1)(i), 

a copy of each request must be served 

on every party on the Department’s 

service list. 

Respondent Selection 

In the event the Department limits the 

number of respondents for individual 

examination for administrative reviews, 

the Department intends to select 

respondents based on U.S. Customs and 

Border Protection (CBP) data for U.S. 

imports during the POR. We intend to 

release the CBP data under 

Administrative Protective Order (APO) 

to all parties having an APO within five 

days of publication of this initiation 

notice and to make our decision 

regarding respondent selection within 

20 days of publication of this Federal 

Register notice. The Department invites 

comments regarding the CBP data and 

respondent selection within 10 calendar 

days of publication of this Federal 

Register notice. 

Separate Rates 

In proceedings involving non-market 

economy (NME) countries, the 

Department begins with a rebuttable 

presumption that all companies within 

the country are subject to government 

control and, thus, should be assigned a 

single antidumping duty deposit rate. It 

is the Department’s policy to assign all 

exporters of merchandise subject to an 

administrative review in an NME 

country this single rate unless an 

exporter can demonstrate that it is 

sufficiently independent so as to be 

entitled to a separate rate. 

To establish whether a firm is 

sufficiently independent from 

government control of its export 

activities to be entitled to a separate 

rate, the Department analyzes each 

entity exporting the subject 

merchandise under a test arising from 

the Final Determination of Sales at Less 

Than Fair Value: Sparklers from the 

People’s Republic of China, 56 FR 20588 

(May 6, 1991), as amplified by Final 

Determination of Sales at Less Than 

Fair Value: Silicon Carbide from the 

People’s Republic of China, 59 FR 22585 

(May 2, 1994). In accordance with the 

separate-rates criteria, the Department 

assigns separate rates to companies in 

NME cases only if respondents can 

demonstrate the absence of both de jure 

and de facto government control over 

export activities. 

All firms listed below that wish to 

qualify for separate-rate status in the 

administrative reviews involving NME 

countries must complete, as 

appropriate, either a separate-rate 

application or certification, as described 

below. For these administrative reviews, 

in order to demonstrate separate-rate 

eligibility, the Department requires 

entities for whom a review was 

requested, that were assigned a separate 

rate in the most recent segment of this 

proceeding in which they participated, 

to certify that they continue to meet the 

criteria for obtaining a separate rate. The 

Separate Rate Certification form will be 

available on the Department’s Web site 

at http://ia.ita.doc.gov/nme/nme-seprate.html on the date of publication of 

this Federal Register notice. In 

responding to the certification, please 

follow the ‘‘Instructions for Filing the 

Certification’’ in the Separate Rate 

Certification. Separate Rate 

Certifications are due to the Department 

no later than 30 calendar days after 

publication of this Federal Register 

notice. The deadline and requirement 

for submitting a Certification apply 

equally to NME-owned firms, wholly 

foreign-owned firms, and foreign sellers 

who purchase and export subject 

merchandise to the United States. 

Entities that currently do not have a 

separate rate from a completed segment 

of the proceeding 1 should timely file a 

mstockstill on PROD1PC66 with NOTICES