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15136 Federal Register / Vol. 73, No.

56 / Friday, March 21, 2008 / Notices

However, we disagree with MTZ that MTZ’s rate has changed as shown Protection Act (Moratorium Protection
our inclusion in the benefit calculation below. Act).
of all the DEPB credits MTZ reported DATES: Information must be received by
constitutes a ministerial error. In the Net subsidy
Manufacturer/exporter April 21, 2008
original questionnaire and in the first rate
ADDRESSES: Information must be
and second supplemental MTZ Polyfilms, Ltd. ................. 31.25%.
questionnaires we asked MTZ to report submitted by mail to NMFS Office of
the date of shipment for all exports on International Affairs, Attn.: Laura Cimo,
Assessment and Cash Deposit 1315 East-West Highway, Silver Spring,
which the benefits from its DEPS/DEPB
Instructions MD 20910; by E-mail to:
licenses were earned, and to report such
information for all credits earned during The Department intends to issue laura.cimo@noaa.gov; or by fax to (301)
the period of review (POR). In MTZ’s assessment instructions to U.S. Customs 713–9106.
first supplemental response, MTZ and Border Protection (CBP) 15 days FOR FURTHER INFORMATION CONTACT:
reported the date of all licenses issued after the date of publication of these Laura Cimo, NMFS Office of
within the POR. MTZ also reported all amended final results of review to International Affairs, (301) 713–9090
credits earned under those licenses. liquidate shipments of subject ext. 132, e-mail address:
However, MTZ did not report, for all of merchandise by MTZ entered, or laura.cimo@noaa.gov.
these credits, the dates of shipment for withdrawn from warehouse, for SUPPLEMENTARY INFORMATION: The
the related exports. In the second consumption on or after January 1, 2005 Moratorium Protection Act, as amended
supplemental response, MTZ provided through December 31, 2005, at 31.25 by the Magnuson-Stevens Fishery
data for the DEPS/DEPB in the format percent ad valorem. We will also Conservation and Management
requested by the Department, but did instruct CBP to collect cash deposits of Reauthorization Act of 2006, requires
not include all previously reported the amended estimated countervailing the United States to strengthen
licenses. At verification, MTZ noted as duties, at this rate, on shipments of the international fishery management
a minor correction and clarification, that subject merchandise by MTZ entered, or organizations and address IUU fishing
it had erroneously omitted some withdrawn from warehouse, for and bycatch of PLMRs. Specifically, the
licenses from the data set, and provided consumption on or after the date of Moratorium Protection Act requires the
the verifiers with the information for publication of these amended final Secretary of Commerce to identify in a
those licenses identified to the results of review. biennial report to Congress those
Department. Although MTZ provided We are issuing and publishing these nations whose fishing vessels are
shipment data, including date, for some amended final results in accordance engaged, or have been engaged at any
of the licenses at verification, it failed to with 19 CFR 351.224(e) of the point during the preceding two years, in
do so for all of the licenses originally Department’s regulations. IUU fishing. Additionally, the Secretary
reported to the Department in its first Dated: March 12, 2008. of Commerce must identify in the
supplemental response. Thus, there David M. Spooner, biennial report those nations whose
remained several licenses for which Assistant Secretary for Import fishing vessels are engaged, or have
there was no shipment date reported. Administration. been engaged during the preceding
Based on the conclusion that MTZ [FR Doc. E8–5601 Filed 3–20–08; 8:45 am] calendar year, in fishing activities either
reported its DEPS/DEPB licenses and in waters beyond any national
BILLING CODE 3510–DS–M
credits earned as we had instructed, we jurisdiction that result in bycatch of a
considered that the credits were earned PLMR, or beyond the U.S. exclusive
based on shipments made during the DEPARTMENT OF COMMERCE economic zone (EEZ) that result in
POR. Therefore, we included in our bycatch of a PLMR shared by the United
benefit calculations all of the DEPS/ National Oceanic and Atmospheric States.
DEPB credits earned that MTZ reported. Administration The first biennial report is due to
During the course of the Congress in January 2009. The
administrative review, MTZ failed to RIN 0648–XG18 Moratorium Protection Act also
identify reported DEPS/DEPB credits mandates the development of
Identification of Nations Whose
that were earned outside the POR. regulations that set forth the
Fishing Vessels Are Engaged in Illegal,
Accordingly, without the information certification procedures for nations
Unreported, or Unregulated Fishing
necessary for the Department to identify identified in the biennial report. NMFS
and/or Bycatch of Protected Living
when the benefit was conferred, we is currently in the process of developing
Marine Resources
appropriately relied on the date of the these regulations and will promulgate a
license to calculate the benefit. In AGENCY: National Marine Fisheries final rule prior to issuing the first
conclusion, MTZ has not established Service (NMFS), National Oceanic and certification decisions under this
that the Department made a ministerial Atmospheric Administration (NOAA), statute. The public will be provided an
error in its calculation of MTZ’s DEPS/ Commerce. opportunity to comment on the
DEPB benefits. As such, no changes to ACTION: Notice; request for information. proposed rule when it is published at a
the calculations for the Final Results are later date.
warranted. See Ministerial Error Memo. SUMMARY: NMFS is seeking information At this time, NMFS is gathering
In accordance with 19 CFR regarding nations whose vessels are information for the purposes of
351.224(e), we have amended the final engaged in illegal, unregulated, or identifying nations whose fishing
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results of the countervailing duty unreported (IUU) fishing or engaged in vessels are engaged in IUU fishing or
administrative review of PET Film, bycatch of protected living marine fishing practices that result in bycatch
Sheet, and Strip from India, for the resources (PLMRs). Such information of PLMRs for publication in the first
period January 1, 2005 to December 31, will be reviewed for the purposes of the biennial report to Congress. NMFS is
2005, and the respondent MTZ, as noted identification of nations pursuant to the soliciting from the public, other nations
above. As a result of these corrections, High Seas Driftnet Fishing Moratorium and international organizations,

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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices 15137

information that is relevant to the DEPARTMENT OF COMMERCE organizations. Generally, only one non-
identification of nations engaged in IUU governmental position is selected for the
activities and bycatch. Sources of National Oceanic and Atmospheric U.S. Delegation.
information that NMFS may rely upon Administration Dated: March 17, 2008.
to make identifications include, but are RIN 0648–XG38 Rebecca Lent,
not limited to:
Director, Office of International Affairs,
• fishing vessel records; International Whaling Commission; National Marine Fisheries Service.
• reports from off-loading facilities, 60th Annual Meeting; Nominations [FR Doc. E8–5783 Filed 3–20–08; 8:45 am]
port-side government officials,
AGENCY: National Marine Fisheries BILLING CODE 3510–22–S
enforcement agents, military personnel,
Service (NMFS), National Oceanic and
port inspectors, transshipment vessel
Atmospheric Administration (NOAA),
workers and fish importers; DEPARTMENT OF COMMERCE
Commerce.
• government vessel registries;
ACTION: Notice; request for nominations.
• IUU vessel lists from RFMOs; National Oceanic and Atmospheric
• RFMO catch documents and SUMMARY: This notice is a call for Administration
statistical document programs; nominees for the U.S. Delegation to the RIN 0648–XG43
• appropriate catch or trade June 2008 International Whaling
certification programs; and Commission (IWC) annual meeting. The Marine Mammals; Photography Permit
• statistical data or incident reports non-federal representative(s) selected as Application No. 10133
from governments, international a result of this nomination process
AGENCY: National Marine Fisheries
organizations, or nongovernmental is(are) responsible for providing input
Service (NMFS), National Oceanic and
organizations. and recommendations to the U.S. IWC
Atmospheric Administration (NOAA),
NMFS will consider all available Commissioner representing the
Commerce.
information, as appropriate, when positions of non-governmental
organizations. Generally, only one non- ACTION: Notice; receipt of application.
making a determination whether or not
to identify a particular nation in the governmental position is selected for the SUMMARY: Notice is hereby given that
biennial report to Congress. In its U.S. Delegation. Zvi Livnat, P.O. Box 1209, Kealakekua,
determinations as to whether DATES: The IWC is holding its 60th Hawaii 96750, has applied in due form
information is appropriate for use in annual meeting from June 23–27, 2008, for a permit to conduct commercial/
making identifications, NMFS will in Santiago, Chile. All written educational photography of spinner
consider several criteria, including, but nominations for the U.S. Delegation to dolphins (Stenella longirostris).
not limited to: the IWC annual meeting must be DATES: Written, telefaxed, or e-mail
• whether the information can be received by April 18, 2008. comments must be received on or before
corroborated; ADDRESSES: All nominations for the U.S. April 21, 2008.
• whether multiple sources have been Delegation to the IWC annual meeting ADDRESSES: The application and related
able to provide information in support should be addressed to Bill Hogarth, documents are available for review
of an identification; U.S. Commissioner to the IWC, and sent upon written request or by appointment
• the methodology used to collect the via post to: Cheri McCarty, National in the following offices:
information; Marine Fisheries Service, Office of Permits, Conservation and Education
• specificity of the information International Affairs, 1315 East-West Division, Office of Protected Resources,
provided; Highway, SSMC3 Room 12603, Silver NMFS, 1315 East-West Highway, Room
• susceptibility of the information to Spring, MD 20910. 13705, Silver Spring, MD 20910; phone
falsification and alteration; and FOR FURTHER INFORMATION CONTACT: (301)713–2289; fax (301)713–0376; and
• credibility of the individual or Cheri McCarty, 301–713–9090, ext. 183. Pacific Islands Region, NMFS, 1601
organization providing the information. SUPPLEMENTARY INFORMATION: The Kapiolani Blvd., Rm 1110, Honolulu, HI
In addition, NMFS poses the Secretary of Commerce is charged with 96814–4700; phone (808)944–2200; fax
following questions: What sources of the responsibility of discharging the (808)973–2941.
information should NMFS consider in domestic obligations of the United Written comments or requests for a
identifying nations engaged in IUU States under the International public hearing on this application
fishing activities and bycatch of Convention for the Regulation of should be mailed to the Chief, Permits,
protected living marine resources? Whaling, 1946. The U.S. IWC Conservation and Education Division,
Would the above sources of information Commissioner has responsibility for the F/PR1, Office of Protected Resources,
be useful to NMFS in making such preparation and negotiation of U.S. NMFS, 1315 East-West Highway, Room
identifications? positions on international issues 13705, Silver Spring, MD 20910. Those
In order to process and verify all concerning whaling and for all matters individuals requesting a hearing should
information in a timely manner, NMFS involving the IWC. He is staffed by the set forth the specific reasons why a
will not be able to consider any Department of Commerce and assisted hearing on this particular request would
information submitted after the close of by the Department of State, the be appropriate.
the information gathering period (see Department of the Interior, the Marine Comments may also be submitted by
DATES).
Mammal Commission, and by other facsimile at (301)713–0376, provided
agencies. The non-federal the facsimile is confirmed by hard copy
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Dated: March 17, 2008. representative(s) selected as a result of submitted by mail and postmarked no
Rebecca Lent this nomination process is(are) later than the closing date of the
Director, Office of International Affairs, responsible for providing input and comment period.
National Marine Fisheries Service. recommendations to the U.S. IWC Comments may also be submitted by
[FR Doc. E8–5786 Filed 3–20–08; 8:45 am] Commissioner representing the e-mail. The mailbox address for
BILLING CODE 3510–22–S positions of non-governmental providing e-mail comments is

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