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15384 Federal Register / Vol. 71, No.

59 / Tuesday, March 28, 2006 / Notices

Final Results of Review and Revocation that changed circumstances exist DEPARTMENT OF COMMERCE
of the Countervailing Duty Order, in sufficient to warrant revocation of the
Whole order. Therefore, the Department is International Trade Administration
Pursuant to section 751(d)(1) of the revoking the CVD order on SSSS from
Exporters’ Textile Advisory
1930 Tariff Act, as amended (the ‘‘Act’’), Italy, in whole, with regard to the
Committee; Notice of Open Meeting
and 19 CFR 351.222(g), the Department products described above under the
may revoke an antidumping or CVD ‘‘Scope of the Order’’ section. The Exporters’ Textile Advisory
order, in whole or in part, based on a Committee (ETAC) will meet on May 24,
Instructions to U.S. Customs and
review under section 751(b) of the Act 2006. The meeting will be held at 10
Border Protection a.m at the U.S. Department of
(i.e., a changed circumstances review).
Section 751(b)(1) of the Act requires a In accordance with 19 CFR Commerce, Main Commerce Building,
changed circumstances review to be 351.222(g), upon dismissal by the court 1401 Constitution Avenue, NW.,
conducted upon receipt of a request that of all pending appeals involving the Washington, DC.
shows changed circumstances sufficient The Committee provides information
subject merchandise as described above
to warrant a review. Section 782(h)(2) of on overseas requirements and
under the ‘‘Scope of the Order’’ section,
the Act gives the Department the regulations, works with U.S. companies
the Department will instruct U.S.
authority to revoke an order if producers to eliminate trade barriers, and
Customs and Border Protection (‘‘CBP’’) promotes U.S. textile and apparel
accounting for substantially all of the
to liquidate without regard to products overseas.
production of the domestic like product
have expressed a lack of interest in the countervailing duties, all unliquidated Tentative Agenda: Review of export
continuation of the order. Section entries of the subject merchandise data, report on conditions in the export
351.222(g) of the Department’s entered, or withdrawn from warehouse, market; update on FTA’s; export
regulations provides that the for consumption on or after November expansion activities; U.S. Customs and
Department will conduct a changed 17, 1998, i.e., the publication date of the Border Protection’s ‘‘Customs-Trade
circumstances administrative review Department’s Preliminary Partnership Against Terrorism’’
under 19 CFR 351.216, and may revoke Determination in the underlying Initiative, and other business.
an order (in whole or in part), if it investigation. In accordance with The meeting will be open to the
concludes that (i) producers accounting section 778 of the Act, we will also public with a limited number of seats
for substantially all of the production of instruct CBP to pay interest on and available. For further information call
the domestic like product to which the refunded CVD deposits with respect to Rachel Anne Alarid at (202) 482-5154.
order pertains have expressed a lack of the subject merchandise entered, or March 23, 2006.
interest in the relief provided by the withdrawn from warehouse, for Philip J. Martello,
order, in whole or in part, or (ii) other consumption on or after August 6, 1999, Acting Deputy Assistant Secretary for Textiles
changed circumstances sufficient to the date of publication in the Federal and Apparel.
warrant revocation exist. The Register of the CVD order. [FR Doc. E6–4487 Filed 3–27–06; 8:45 am]
Department has interpreted
‘‘substantially all’’ production normally Notification Regarding APOs BILLING CODE 3510–DS–S

to mean at least 85 percent of domestic


This notice also serves as a reminder
production of the like product. See DEPARTMENT OF COMMERCE
to parties subject to administrative
Certain Tin Mill Products From Japan:
Final Results of Changed Circumstances protective orders (APOs) of their
responsibility concerning the National Oceanic and Atmospheric
Review, 66 FR 52109 (October 12, 2001). Administration
As noted above and in the Preliminary disposition of proprietary information
Results, Allegheny Ludlum Corporation disclosed under APO in accordance [I.D. 032106A]
and AK Steel Corporation requested this with 19 CFR 351.306. Timely written
notification of the return/destruction of Fisheries of the Northeastern United
changed circumstances review on the
APO materials or conversion to judicial States; Summer Flounder, Scup, and
basis that they are no longer interested
protective order is hereby requested. See Black Sea Bass Fisheries; Scoping
in maintaining the CVD order or in the
Process
imposition of CVD duties on the subject 19 CFR 351.305. Failure to comply with
merchandise. Also, the parties to the the regulations and terms of an APO is AGENCY: National Marine Fisheries
litigation concerning these entries have a sanctionable violation. See 19 USC Service (NMFS), National Oceanic and
agreed to withdraw their appeals. 1677f and 19 CFR Part 354. Atmospheric Administration (NOAA),
Because the Department did not We are issuing and publishing this Commerce.
receive any comments in response to the ACTION: Notice of intent (NOI) to prepare
determination and notice in accordance
Initiation Notice or the Preliminary an environmental impact statement
with sections 751(b)(1) and 777(i)(1) of
Results opposing this changed (EIS); notice of scoping meetings;
circumstances review or the preliminary the Act and 19 CFR 351.216, 351.221,
and 351.222. request for comments.
decision to revoke, in whole, the CVD
order effective November 17, 1998, we Dated: March 21, 2006. SUMMARY: The Mid-Atlantic Fishery
find that producers accounting for Stephen J. Claeys, Management Council (Council)
substantially all of the production of the Acting Assistant Secretary for Import announces its intention to prepare, in
domestic like product to which this cooperation with NMFS, an EIS in
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Administration.
order pertains lack interest in the relief [FR Doc. E6–4485 Filed 3–27–06; 8:45 am] accordance with the National
provided by the order. In accordance Environmental Policy Act to assess
BILLING CODE 3510–DS–S
with sections 751(b), 751(d), and 782(h) potential effects on the human
of the Act and 19 CFR 351.216 and environment of alternative measures for
351.222(g), the Department determines managing the summer flounder, scup,
that there is a reasonable basis to find and black sea bass fisheries pursuant to

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Federal Register / Vol. 71, No. 59 / Tuesday, March 28, 2006 / Notices 15385

the Magnuson-Stevens Fishery Hatteras Lighthouse, Buxton, NC) Summer Flounder Commercial
Conservation and Management Act. The northward to the U.S./Canada border. Allocation
Council intends to develop Amendment The issues identified by the Council Currently, the commercial quota is
15 to the Summer Flounder, Scup, and for discussion in Amendment 15 to the allocated to each state based on historic
Black Sea Bass Fishery Management FMP include (further information landings from 1980 through 1989. State-
Plan (FMP) to address several issues regarding each issue follows): by-state allocations were developed to
regarding the subject fisheries (see • Modifications to the allocation of allow each state the ability to develop
SUPPLEMENTARY INFORMATION). This Total Allowable Landings (TAL) to the specific management programs that
notice announces a public process for commercial and recreational fisheries were designed for the commercial
determining the scope of issues to be for summer flounder and scup; fishery in their state. In recent years,
addressed and for identifying the • Changes to the summer flounder, fishermen from some states have
significant issues related to the scup, and black sea bass commercial expressed an interest in other options
management of summer flounder, scup, allocations; that could be used to allocate the quota,
and black sea bass. The intended effect Measures to reduce overcapacity in including an Individual Fishing Quota
of this notice is to alert the interested the summer flounder, scup, and black (IFQ) program.
public of the scoping process, the sea bass recreational and commercial
development of the Draft EIS, and to fisheries; Overcapacity in the Summer Flounder
provide for public participation. • Modifications to the biological Commercial Fleet
DATES: Written comments on the intent
reference points for summer flounder, A moratorium on Federal commercial
to prepare an EIS must be received on scup, and black sea bass; permits and the state-by-state quota
or before 5 p.m., local time, on June 30, • Separate allocations of quota to the system have served to constrain effort in
2006. Public scoping meetings will be party/charter sector of the recreational the commercial summer flounder
held in April and May 2006. For fishery for summer flounder, scup, and fishery. However, the harvesting
specific dates and times, see black sea bass; capacity may exceed the optimum yield
• Separate allocations of quota to the on an annual basis, resulting in
SUPPLEMENTARY INFORMATION.
shore-based fishermen in the regulatory discards, derby fisheries, and
ADDRESSES: You may submit comments
recreational fishery for summer negative impacts on habitat and
on the intent to prepare the EIS or other flounder, scup, and black sea bass;
relevant information by any of the protected resources.
• Measures to reduce discarding and/
following methods: or discard mortality of summer Overcapacity in the Summer Flounder
• E-mail: FSB-NOI@noaa.gov. Include flounder, scup, and black sea bass in the Recreational Fishery
in the subject line the following recreational and commercial fisheries;
identifier: ‘‘FSB Amendment 15 Scoping The harvesting capacity of the
• Modification to the reporting summer flounder recreational fishery
Comments.’’ requirements for summer flounder,
• Mail: Daniel Furlong, Executive may exceed the optimum yield on an
scup, and black sea bass through the annual basis, resulting in regulatory
Director, Mid-Atlantic Fishery vessel trip reporting, dealer weighout,
Management Council, Room 2115, discards, derby fishing, and
and observer programs; overcrowding of popular fishing areas.
Federal Building, 300 South New Street, • Development of a conservation
Dover, DE 19901–6790. Mark the equivalency program for management of Summer Flounder Biological Reference
outside of the envelope: ‘‘Comments on the recreational fishery for scup; Points
Summer Flounder, Scup, and Black Sea • Changes to the current management The current biological reference
Bass Amendment 15.’’ program for the summer flounder points for summer flounder that define
• Fax: (302) 674–5399. recreational fishery;
Copies of the scoping document may overfishing (Fmsy) and an overfished (1⁄2
• Measures to allow the rollover of Bmsy) condition are based on yield-per-
be obtained from the Council at the the unused portion of the TAL in the
address above or via the Internet at recruit calculations. Updated biological
recreational and commercial fisheries reference points were reviewed and
http://www.mafmc.org/mid-atlantic/ for summer flounder, scup, and black
comments/comments.htm. accepted in June 2005 by a Stock
sea bass, into the next fishing year; and Assessment Review Committee. There
FOR FURTHER INFORMATION CONTACT: • Modifications to the limitations on has been some interest in a
Daniel T. Furlong, (302) 674–2331. vessel upgrades under moratorium reexamination of the reference points
SUPPLEMENTARY INFORMATION: The permits for summer flounder, scup, and based on other methodologies and the
summer flounder, scup, and black sea black sea bass. use of stock recruit data.
bass fisheries are managed cooperatively
by the Council and the Atlantic States Summer Flounder Commercial/ Management of the Summer Flounder
Marine Fisheries Commission Recreational Allocation Party/Charter Fishery
(Commission), in consultation with the In 2003, NMFS received a petition A portion of the TAL could be
New England and South Atlantic that requested the current recreational/ allocated to the party/charter sector
Fishery Management Councils. commercial allocation (which is 60 each year. Currently, fishermen fishing
The management units specified in percent commercial and 40 percent from party/charter boats are regulated
the Summer Flounder, Scup, and Black recreational) be modified to provide 50 by state regulations that apply to all
Sea Bass FMP include summer flounder percent of the TAL to each sector. recreational fishermen. A separate
(Paralichthys dentatus) in U.S. waters of NMFS asked the Council and allocation could allow for the
the Atlantic Ocean from the southern Commission to consider the petition.
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development of regulations that apply


border of North Carolina northward to The Council considered this petition, only to party/charter fishermen.
the U.S./Canada border, and scup recommended to NMFS that it be
(Stenotomus chrysops) and black sea denied, and suggested that Management of the Summer Flounder
bass (Centropristis striata) in U.S. modifications to the summer flounder Shore Fishery
waters of the Atlantic Ocean from allocation could be considered in an A portion of the TAL could be
35°15.3′ N. lat. (the latitude of Cape amendment instead. allocated to fishermen fishing for

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15386 Federal Register / Vol. 71, No. 59 / Tuesday, March 28, 2006 / Notices

summer flounder from shore. Currently, allocations to each period and also for each state. However, the
fishermen fishing from the shore and allow for the transfer of quota from Commission has adopted addenda for
shore-based structures (e.g., jetties and Winter I to the Summer period. the last several years that allow states to
bridges) are regulated by state develop alternative management
Overcapacity in the Scup Commercial
regulations that apply to all recreational measures for state waters. Given this
Fleet
fishermen. A separate allocation could difference, there is some interest in
allow for the development of regulations A moratorium on Federal commercial developing a conservation equivalency
that apply only to shore-based permits and the quota system have acted approach that could be incorporated
fishermen. to constrain effort in the commercial into both the Federal and state fishery
scup fishery. However, the harvesting management plans.
Management of the Summer Flounder capacity may exceed the optimum yield
Recreational Fishery on an annual basis, resulting in Scup Discards
The summer flounder recreational regulatory discards, derby fisheries, and The issue of regulatory discards in the
fishery is currently managed with a negative impacts on habitat and commercial and recreational fisheries
system that allows for the Council and protected resources. for scup has been raised a number of
Commission to decide if coastwide or times over the years. However, discard
state-by-state (conservation equivalency) Overcapacity in the Scup Recreational
rates in the commercial fishery have
regulations should apply each year. Fishery
been difficult to quantify. In addition,
Recent action by the Council and The harvesting capacity of the scup 15 percent of the scup caught and
Commission would also allow for states recreational fishery may exceed the released by anglers are assumed to die
to voluntarily form subregions and optimum yield on an annual basis, in the recreational fishery.
develop identical regulations for the resulting in regulatory discards, derby
fishing, and overcrowding of popular Black Sea Bass Commercial Allocation
states in that subregion. Some fishermen
have expressed an interest in exploring fishing areas. Under the current regulations, the
other management options for the black sea bass quota is administered on
Scup Biological Reference Points
summer flounder recreational fishery. a coastwide basis by NMFS to facilitate
The biological reference points for a state-by-state approach that is
Summer Flounder Discards scup have not been reviewed or updated implemented by the Commission. The
The issue of regulatory discards in the recently due to the lack of data. The current state-by-state allocations are in
commercial and recreational fisheries current proxies are based on yield-per- effect through 2007. State-by-state
for summer flounder has been raised a recruit calculations to define overfishing allocations were developed to allow
number of times over the years. and the NMFS Northeast Fisheries each state to develop specific
However, based on sea sample data, Science Center spring survey to define management programs that were
discard rates in the commercial fishery when the stock is overfished. There has designed for the commercial fishery in
have been relatively low on a coastwide been some interest in revising these their state. In recent years, fishermen
basis. Discard rates are higher for reference points when data become from some states have expressed an
vessels that fish for other groundfish available. interest in other options that could be
species in states with lower trip limits used to allocate the quota, including an
Management of the Scup Party/Charter
and for summer flounder caught by IFQ program.
Fishery
scallop dredges. In addition, 10 percent
of the summer flounder caught and A portion of the TAL for scup could Overcapacity in the Black Sea Bass
released by anglers are assumed to die be allocated to the party/charter sector Commercial Fleet
in the recreational fishery. each year. Currently, fishermen fishing A moratorium on Federal commercial
from party/charter boats are regulated permits and the quota system have acted
Scup Commercial/Recreational by state regulations that apply to all to constrain effort in the commercial
Allocation recreational fishermen. A separate black sea bass fishery. However, the
There have been recent discussions allocation could allow for the harvesting capacity may exceed the
regarding the allocation of allowable development of regulations that apply optimum yield on an annual basis,
catch to the commercial and only to party/charter fishermen. resulting in regulatory discards, derby
recreational fisheries for scup. The fisheries, and negative impacts on
current allocation is 78 percent Management of the Scup Shore Fishery
habitat and protected resources.
commercial and 22 percent recreational. A portion of the TAL could be
Issues include modification of the allocated to fishermen fishing for scup Overcapacity in the Black Sea Bass
methodology to change catch allocations from shore. Currently, fishermen fishing Recreational Fishery
to landings allocations and the potential from the shore and shore-based The harvesting capacity of the black
for transferring unused commercial structures are regulated by state sea bass recreational fishery may exceed
quota to the recreational fishery on an regulations that apply to all recreational the optimum yield on an annual basis,
annual basis. fishermen. A separate allocation could resulting in regulatory discards, derby
allow for the development of regulations fishing, and overcrowding of popular
Scup Commercial Allocation that apply only to shore-based fishing areas.
Current regulations allocate the fishermen.
commercial scup quota to three periods Black Sea Bass Biological Reference
based on historic landings: Winter I, Management of the Scup Recreational Points
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Summer, and Winter II. The regulations Fishery The most recent assessment on black
also allow for unused quota to be Unlike summer flounder, sea bass, completed in June 2004,
transferred from the Winter I to the conservation equivalency has not been updated the proxies used to define
Winter II period. There has been some identified for scup. The Federal fishery overfishing and an overfished condition
discussion at Commission Board and management plan requires coastwide for black sea bass. Additional data and
Council meetings to modify the management measures that are identical associated analyses may result in

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Federal Register / Vol. 71, No. 59 / Tuesday, March 28, 2006 / Notices 15387

potential changes to those reference Scoping Meetings Schedule Dated: March 22, 2006.
points. Ten public scoping meetings are Alan D. Risenhoover,
scheduled as follows (note that NY Acting Director, Office of Sustainable
Management of the Black Sea Bass Fisheries, National Marine Fisheries Service.
Party/Charter Fishery meeting(s) to be determined):
1. Monday, April 3, 2006, 7 p.m.; [FR Doc. E6–4500 Filed 3–27–06; 8:45 am]
A portion of the TAL for black sea Roanoke Island Festival Park, One BILLING CODE 3510–22–S
bass could be allocated to the party/ Festival Park, Manteo, NC; Contact: Red
charter sector each year. Currently, Munden, (252) 726–7021.
fishermen fishing from party/charter DEPARTMENT OF COMMERCE
2. Tuesday, April 4, 2006, 7 p.m.;
boats are regulated by state regulations Carteret Community College, CMAST National Oceanic and Atmospheric
that apply to all recreational fishermen. Building, Room 306, Morehead City, Administration
A separate allocation could allow for the NC; Contact: Red Munden, (252) 726–
development of regulations that apply 7021. [I.D. 031506C]
only to party/charter fishermen. 3. Tuesday, April 4, 2006, 7 p.m.;
Marine Mammals; File No. 881–1745
Management of the Black Sea Bass Virginia Marine Resources Commission,
Shore Fishery 2600 Washington Ave, 4th floor, AGENCY: National Marine Fisheries
Newport News, VA; Contact: Jack Service (NMFS), National Oceanic and
A portion of the TAL could be Travelstead, (757) 247–2247. Atmospheric Administration (NOAA),
allocated to the fishermen fishing for 4. Monday, April 10, 2006, 6 p.m.; Commerce.
black sea bass from shore. Currently, University of Rhode Island Narragansett ACTION: Notice; issuance of permit.
fishermen fishing from the shore and Bay Campus, Corless Auditorium, South
shore-based structures are regulated by Ferry Road, Narragansett, RI; Contact: SUMMARY: Notice is hereby given that
state regulations that apply to all Brian Murphy, (401) 423–1941. the Alaska SeaLife Center (ASLC), P.O.
recreational fishermen. A separate 5. Monday, April 10, 6:30 p.m.; Ocean Box 1329, Seward, Alaska 99664 (Dr.
allocation could allow for the Pines Library, 11107 Cathell Road, Shannon Atkinson, Principal
development of regulations that apply Ocean Pines, MD; Contact: Howard J. Investigator), has been issued a permit
only to shore-based fishermen. King, III, (410) 260–8281. to conduct scientific research on captive
6. Tuesday, April 11, 2006, 7 p.m.; Steller sea lions (Eumetopias jubatus).
Black Sea Bass Discards Connecticut Department of ADDRESSES: The permit and related
The issue of regulatory discards in the Environmental Protection, Marine documents are available for review
commercial and recreational fisheries Headquarters, 333 Ferry Road, Old upon written request or by appointment
for black sea bass has been raised a Lyme, CT; Contact: Dave Simpson, (860) in the following office(s):
number of times over the years. 434–6043. Permits, Conservation and Education
However, discard rates have been 7. Tuesday, April 18, 2006, 7 p.m.; Division, Office of Protected Resources,
difficult to quantify. In addition, about Ocean County Complex, 118 NMFS, 1315 East-West Highway, Room
25 percent of the black sea bass caught Washington Street; Toms River, NJ; 13705, Silver Spring, MD 20910; phone
and released by anglers are assumed to Contact: Tom McCloy, (609) 292–7794. (301)713-2289; fax (301)427–2521; and
die in the recreational fishery. 8. Tuesday, April 18, 2006, 7 p.m.; Alaska Region, NMFS, P.O. Box
Delaware Department of Natural 21668, Juneau, AK 99802-1668; phone
Data Collection Requirements and Resources and Environmental Control, (907)586–7221; fax (907)586–7249.
Protocols Richardson and Robbins Building FOR FURTHER INFORMATION CONTACT:
Auditorium, 89 Kings Highway, Dover, Amy Sloan or Tammy Adams,
To improve the information available DE; Contact: Rick Cole, (302) 739–4782. (301)713–2289.
for assessment of summer flounder, 9. Thursday, April 20, 2006, 6 p.m.;
scup, and black sea bass, changes could SUPPLEMENTARY INFORMATION: On March
Radisson Plymouth Harbor, 180 Water 8, 2004, notice was published in the
be made to information required to be Street, Plymouth, MA; Contact: David
reported through the Vessel Trip Report, Federal Register (69 FR 10681) that a
Pierce, (617) 626–1532. request for a scientific research permit
dealer weighout, and observer programs. 10. Tuesday, May 2, 2006, 7 p.m.; to take the species identified above had
Rollover of Unused Quota Sheraton Oceanfront Hotel, 36th & been submitted by the above-named
Atlantic Avenue, Virginia Beach, VA; organization. The requested permit has
The unused portion of the TAL in the Contact: Dan Furlong, (302) 674–2331. been issued under the authority of the
recreational and commercial fisheries One or two public scoping meetings Marine Mammal Protection Act of 1972,
for each of the species could be rolled will be held in NY but have not yet been as amended (16 U.S.C. 1361 et seq.), the
into the next year’s respective TAL. scheduled. Contact: Gordon Colvin, Regulations Governing the Taking and
(631) 444–0433. This information will Importing of Marine Mammals (50 CFR
Limitations on Vessel Replacement
be posted on the Commission’s website part 216), the Endangered Species Act of
Upgrades
(http://www.asmfc.org) when available. 1973, as amended (ESA; 16 U.S.C. 1531
The current commercial permits for Special Accommodations et seq.), and the regulations governing
summer flounder, scup, and black sea the taking, importing, and exporting of
bass allow for a one-time replacement/ These meetings are physically endangered and threatened species (50
upgrade of 20 percent in horsepower accessible to people with disabilities. CFR parts 222–226).
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and/or 10 percent in vessel length. Requests for sign language The ASLC has been issued a 5–year
Several individuals have indicated these interpretation or other auxiliary aids permit to continue research on three
restrictions may be unfair, particularly should be directed to Jan Saunders, permanently captive Steller sea lions.
for small vessel owners. The Council (302) 674–2331, at least 5 days prior to Research objectives include the
could consider changes to these the meeting date. investigation of stress responses,
regulations. Authority: 16 U.S.C. 1801 et. seq. endocrine and immune system function,

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