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Federal Register / Vol. 72, No.

120 / Friday, June 22, 2007 / Notices 34443

unfinished (including green tubes and 7304.29.10.10, 7304.29.10.20, This five-year sunset review and
limited service OCTG products). This 7304.29.10.30, 7304.29.10.40, notice are in accordance with section
scope does not cover casing or tubing 7304.29.10.50, 7304.29.10.60, 751(d)(2) and published pursuant to
pipe containing 10.5 percent or more of 7304.29.10.80, 7304.29.20.10, section 777(i)(1) of the Tariff Act.
chromium. OCTG subject to these orders 7304.29.20.20, 7304.29.20.30, Dated: June 18, 2007.
are currently classified in the 7304.29.20.40, 7304.29.20.50, David M. Spooner,
Harmonized Tariff Schedule of the 7304.29.20.60, 7304.29.20.80,
Assistant Secretary for Import
United States (HTSUS) under item 7304.29.30.10, 7304.29.30.20, Administration.
numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.30.30, 7304.29.30.40,
[FR Doc. E7–12120 Filed 6–21–07; 8:45 am]
7304.29.10.30, 7304.29.10.40, 7304.29.30.50, 7304.29.30.60,
BILLING CODE 3510–DS–S
7304.29.10.50, 7304.29.10.60, 7304.29.30.80, 7304.29.40.10,
7304.29.10.80, 7304.29.20.10, 7304.29.40.20, 7304.29.40.30,
7304.29.20.20, 7304.29.20.30, 7304.29.40.40, 7304.29.40.50,
7304.29.20.40, 7304.29.20.50, DEPARTMENT OF COMMERCE
7304.29.40.60, 7304.29.40.80,
7304.29.20.60, 7304.29.20.80, 7304.29.50.15, 7304.29.50.30, National Oceanic and Atmospheric
7304.29.30.10, 7304.29.30.20, 7304.29.50.45, 7304.29.50.60, Administration
7304.29.30.30, 7304.29.30.40, 7304.29.50.75, 7304.29.60.15,
7304.29.30.50, 7304.29.30.60, 7304.29.60.30, 7304.29.60.45,
7304.29.30.80, 7304.29.40.10, RIN 0648–XA74
7304.29.60.60, 7304.29.60.75,
7304.29.40.20, 7304.29.40.30, 7305.20.20.00, 7305.20.40.00, Incidental Takes of Marine Mammals
7304.29.40.40, 7304.29.40.50, 7305.20.60.00, 7305.20.80.00, Incidental to Specified Activities;
7304.29.40.60, 7304.29.40.80, 7306.20.10.30, 7306.20.10.90, Harbor Activities Related to the Delta
7304.29.50.15, 7304.29.50.30, 7306.20.20.00, 7306.20.30.00, IV/Evolved Expendable Launch Vehicle
7304.29.50.45, 7304.29.50.60, 7306.20.40.00, 7306.20.60.10, at Vandenberg Air Force Base, CA
7304.29.50.75, 7304.29.60.15, 7306.20.60.50, 7306.20.80.10, and
7304.29.60.30, 7304.29.60.45, 7306.20.80.50. The HTSUS subheadings AGENCY: National Marine Fisheries
7304.29.60.60, 7304.29.60.75, are provided for convenience and Service (NMFS), National Oceanic and
7305.20.20.00, 7305.20.40.00, customs purposes. Our written Atmospheric Administration (NOAA),
7305.20.60.00, 7305.20.80.00, description of the scope of these orders Commerce.
7306.20.10.30, 7306.20.10.90, is dispositive. ACTION: Notice; issuance of incidental
7306.20.20.00, 7306.20.30.00,
7306.20.40.00, 7306.20.60.10, Determination harassment authorization.
7306.20.60.50, 7306.20.80.10, and As a result of the determination by the SUMMARY: In accordance with the
7306.20.80.50. ITC that revocation of these AD orders
Drill pipe was excluded from the provisions of the Marine Mammal
are not likely to lead to continuation or Protection Act (MMPA) as amended,
orders for OCTG from Mexico and
recurrence of material injury to an notification is hereby given that NMFS
Argentina, effective August 11, 2000.
industry in the United States, the has issued an Incidental Harassment
See Continuation of Countervailing and
Department is revoking these orders, Authorization (IHA) to United Launch
Antidumping Duty Orders on Oil
pursuant to section 751(d) of the Act. Alliance (ULA) to take small numbers of
Country Tubular Goods From Argentina,
Pursuant to section 751(d)(3) of the Act marine mammals, by Level B
Italy, Japan, Korea and Mexico, and
and 19 CFR 351.222(i)(2)(i), the effective harassment only, incidental to harbor
Partial Revocation of Those Orders
date of revocation is July 25, 2006, (i.e., activities related to the Delta IV/Evolved
From Argentina and Mexico With
the fifth anniversary of the date of Expendable Launch Vehicle (EELV) at
Respect to Drill Pipe, 66 FR 38630 (July
25, 2001). The HTSUS subheadings are publication in the Federal Register of south Vandenberg Air Force Base, CA
provided for convenience and customs the notice of continuation of these AD (VAFB).
purposes. Our written description of the orders). See Continuation of
Countervailing and Antidumping Duty DATES: This authorization is effective
scope of these orders is dispositive. from June 21, 2007, through June 20,
Orders on Oil Country Tubular Goods
Japan: From Argentina, Italy, Japan, Korea and 2008.
The merchandise covered by this Mexico, and Partial Revocation of Those ADDRESSES: A copy of the IHA and the
order consists of oil country tubular Orders From Argentina and Mexico application are available by writing to P.
goods, hollow steel products of circular With Respect to Drill Pipe, 66 FR 38630 Michael Payne, Chief, Permits,
cross-section, including oil well casing, (July 25, 2001). Conservation, and Education Division,
tubing, and drill pipe, of iron (other The Department will notify U.S. Office of Protected Resources, National
than cast iron) or steel (both carbon and Customs and Border Protection to Marine Fisheries Service, 1315 East-
alloy), whether seamless or welded, discontinue suspension of liquidation West Highway, Silver Spring, MD
whether or not conforming to American and collection of cash deposits on 20910–3225, or by telephoning the
Petroleum Institute (API) or non–API entries of the subject merchandise contact listed here. A copy of the
specifications, whether finished or entered or withdrawn from warehouse application containing a list of
unfinished (including green tubes and on or after July 25, 2006, the effective references used in this document may
limited service OCTG products). This date of revocation of these AD orders. be obtained by writing to this address,
scope does not cover casing, tubing, or The Department will complete any by telephoning the contact listed here
drill pipe containing 10.5 percent or pending administrative reviews of these (FOR FURTHER INFORMATION CONTACT) or
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more of chromium. The products orders and will conduct administrative online at: http://www.nmfs.noaa.gov/pr/
subject to this order are currently reviews of subject merchandise entered permits/incidental.htm. Documents
classified in the HTSUS under item prior to the effective date of revocation cited in this notice may be viewed, by
numbers: 7304.21.30.00, 7304.21.60.30, in response to appropriately filed appointment, during regular business
7304.21.60.45, 7304.21.60.60, requests for review. hours, at the aforementioned address.

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34444 Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Notices

FOR FURTHER INFORMATION CONTACT: Summary of Request Program at Vandenberg Air Force Base
Candace Nachman or Jolie Harrison, (ENSR International, 2001).
(301) 713–2289. On January 26, 2007, NMFS received
an application from ULA requesting an Comments and Responses
SUPPLEMENTARY INFORMATION: authorization for the harassment of On April 24, 2007 (72 FR 20324),
Background small numbers of Pacific harbor seals NMFS published a notice of receipt of
(Phoca vitulina richardsi) and California proposed IHA for ULA’s request to take
Sections 101(a)(5)(A) and (D) of the sea lions (Zalophus californianus) marine mammals, by harassment,
MMPA (16 U.S.C. 1361 et seq.) direct incidental to harbor activities related to incidental to harbor activities related to
the Secretary of Commerce to allow, the Delta IV/EELV, including: transport the Delta IV/EELV, including: transport
upon request, the incidental, but not vessel operations, cargo movement vessel operations, cargo movement
intentional taking of small numbers of activities, harbor maintenance dredging, activities, harbor maintenance dredging,
marine mammals by United States and kelp habitat mitigation operations. and kelp habitat mitigation and
citizens who engage in a specified In addition, northern elephant seals requested comments, information, and
activity (other than commercial fishing) (Mirounga angustirostris) may also be suggestions concerning the request.
within a specified geographical region if incidentally harassed but in even During the 30–day public comment
certain findings are made and either smaller numbers. IHAs were previously period, NMFS received one comment
regulations are issued or, if the taking is issued to The Boeing Company, now from the Marine Mammal Commission,
limited to harassment, notice of a ULA, in 2002 (67 FR 36151, May 23, which recommended that NMFS issue
proposed authorization is provided to 2002), 2003 (68 FR 36540, June 18, the authorization as proposed. NMFS
the public for review. 2003), 2004 (69 FR 29696, May 25, also received one comment from a
Authorization for incidental takings 2004), 2005 (70 FR 30697, May 27, private citizen.
may be granted if NMFS finds that the 2005), and 2006 (71 FR 36321, June 26, Comment: The commenter opposed
taking will have a negligible impact on 2006). No work and, therefore, no the issuance of permits to allow killing
the species or stock(s), will not have an monitoring was conducted under the of marine mammals.
unmitigable adverse impact on the 2006 IHA. The harbor where activities Response: NMFS does not believe that
availability of the species or stock(s) for will take place is on south VAFB the authorized activities will result in
certain subsistence uses, and if the approximately 2.5 mi (4.02 km) south of the death of any marine mammals, nor
permissible methods of taking and Point Arguello, CA and approximately 1 does this IHA authorize any marine
requirements pertaining to the mi (1.61 km) north of the nearest marine mammal mortality.
mitigation, monitoring and reporting of mammal pupping site (i.e., Rocky
Marine Mammals Affected by the
such taking are set forth. Point).
Activity
NMFS has defined ‘‘negligible Additional background relating to this
The marine mammal species likely to
impact’’ in 50 CFR 216.103 as: application and the scope of the
be harassed incidental to harbor
an impact resulting from the specified activities is set forth in the proposed
activities at south VAFB are the Pacific
activity that cannot be reasonably expected IHA notice (72 FR 20324, April 24,
harbor seal, California sea lion, and
to, and is not reasonably likely to, adversely 2007) and is not repeated here. The
affect the species or stock through effects on northern elephant seal, which haul out
activities to be conducted have not
annual rates of recruitment or survival. in the area where these activities are
changed between the proposed IHA
conducted. None of the haul-out areas
Section 101(a)(5)(D) of the MMPA notice and this final notice announcing
near these activities are used for
established an expedited process by the issuance of the IHA.
breeding, molting, or mating. A more
which citizens of the United States can Specified Activities detailed discussion of the status of these
apply for an authorization to
stocks and their occurrence at VAFB, as
incidentally take small numbers of To accommodate the Delta Mariner, well as other marine mammal species
marine mammals by harassment. Except the harbor will need to be dredged, that occur at VAFB, was included in the
for certain categories of activities not removing up to 5,000 cubic yards of notice of the proposed IHA (72 FR
pertinent here, the MMPA defines sediment per dredging. Dredge 20324, April 24, 2007).
‘‘harassment’’ as: operations, from set-up to tear-down,
any act of pursuit, torment, or annoyance would continue 24–hours a day for 3 to Potential Effects of Activities on Marine
which (i) has the potential to injure a marine 5 weeks. Sedimentation surveys have Mammals
mammal or marine mammal stock in the wild shown that initial dredging indicates
[‘‘Level A harassment’’]; or (ii) has the The primary impacts to marine
that maintenance dredging should be mammals from these activities are
potential to disturb a marine mammal or
marine mammal stock in the wild by causing required annually or twice per year, expected to be short-term behavioral
disruption of behavioral patterns, including, depending on the hardware delivery reactions in response to the acoustic and
but not limited to, migration, breathing, schedule. Delta Mariner off-loading visual stimuli produced by the heavy
nursing, breeding, feeding, or sheltering operations and associated cargo machinery used. NMFS anticipates that
[‘‘Level B harassment’’]. movements will occur a maximum of 3 no injury will result from these actions.
Section 101(a)(5)(D) establishes a 45– times per year, each of which is A discussion of the sound levels
day time limit for NMFS review of an estimated to take approximately produced by the equipment, behavioral
application followed by a 30–day public between 14 and 18 hours in good reactions of marine mammals to loud
notice and comment period on any weather. noises or looming visual stimuli, and
proposed authorizations for the A more detailed description of the some specific observations of the
incidental harassment of small numbers work proposed for 2007/2008 is response of marine mammals to this
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of marine mammals. Within 45 days of contained in the application which is activity gathered during previous
the close of the comment period, NMFS available upon request (see ADDRESSES) monitoring were presented in the notice
must determine whether to issue the and in the Final US Air Force of proposed IHA (72 FR 20324, April 24,
authorization with appropriate Environmental Assessment for Harbor 2007) and is not repeated here. For a
conditions. Activities Associated with the Delta IV further discussion of anticipated effects

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Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Notices 34445

of the planned activities on pinnipeds (2) Activities will be initiated before Reporting
in the area, refer to the application, dusk; ULA will notify NMFS 2 weeks prior
NMFS’ 2005 Environmental Assessment (3) Construction noises must be kept to initiation of each activity. ULA will
(EA) and ENSR International’s 2001 constant (i.e., not interrupted by periods submit a final report to NMFS within
Final EA. of quiet in excess of 30 minutes) while 120 days of the expiration of the
Numbers of Marine Mammals Expected pinnipeds are present; Authorization and a draft report 120
to be Harassed (4) If activities cease for longer than days prior to the expiration of the IHA
30 minutes and pinnipeds are in the if a new IHA is requested. The reports
ULA estimates that a maximum of 43 area, start-up of activities will include a will provide dates, times, durations and
harbor seals per day may be hauled out gradual increase in noise levels; locations of specific activities, details of
near the south VAFB harbor, with a (5) A NMFS-approved marine pinniped behavioral observations, and
daily average of 21 seals sighted when mammal observer will visually monitor estimates of numbers of affected
tidal conditions were favorable during the pinnipeds on the beach adjacent to pinnipeds and impacts (behavioral or
previous harbor dredging operations. the harbor and on rocks for any flushing other). In addition, the report will
Considering the maximum and average or other behaviors as a result of ULA’s include information on the weather,
number of seals hauled out per day, activities (see Monitoring); tidal state, horizontal visibility, and
assuming that the seals may be seen (6) To the extent possible, the Delta composition (species, gender and age
twice a day, and using a maximum total Mariner and accompanying vessels will class) and locations of haul-out group(s).
of 73 operating days in 2007–2008, enter the harbor only when the tide is In the unanticipated event that a marine
NMFS estimates that a maximum of 767 too high for harbor seals to haul-out on mammal is injured or killed as a result
to 1,570 Pacific harbor seals may be the rocks. The vessel will reduce speed of these activities, ULA or its designee
subject to Level B harassment out of a 1.5 to 2 knots (2.8–3.7 km/hr) once the shall cease operations immediately and
total estimated population of 31,600. vessel is within 3 mi (4.83 km) of the report the incident to NMFS
These numbers are small relative to this harbor. The vessel will enter the harbor immediately.
population size (2.4 - 5.0 percent). stern first, approaching the wharf and
During wharf modification activities, Endangered Species Act
mooring dolphins at less than 0.75 knot
a maximum of six California sea lions (1.4 km/hr); and This action will not affect species
were seen hauling out in a single day. listed under the Endangered Species Act
(7) As alternate dredge methods are
Based on the above-mentioned that are under the jurisdiction of NMFS.
explored, the dredge contractor may
calculation, NMFS believes that a VAFB formally consulted with U.S. Fish
introduce quieter techniques and
maximum of 219 California sea lions and Wildlife Service in 1998 on the
equipment.
may be subject to Level B harassment possible take of southern sea otters
out of a total estimated population of Monitoring during Boeing’s, now ULA, harbor
240,000. These numbers are small As part of its 2002 application, activities at south VAFB. A Biological
relative to this population size (less than Boeing, now ULA, provided a proposed Opinion was issued in August 2001,
0.1 percent). Up to 10 northern elephant monitoring plan for assessing impacts to which concluded that the proposed
seals (because they may be in nearby harbor seals from the activities at south activities were not likely to jeopardize
waters) may be subject to Level B VAFB harbor and for determining when the continued existence of the southern
harassment out of a total estimated mitigation measures should be sea otter and no injury or mortality is
population of 101,000. These numbers employed. NMFS is requiring the same expected. The activities covered by this
are small relative to this population size plan for this IHA. IHA are analyzed in that Opinion, and
(less than 0.01 percent). A NMFS-approved and VAFB- this IHA does not modify the action in
Possible Effects of Activities on Marine designated biologically trained observer a manner that was not previously
Mammal Habitat will monitor the area for pinnipeds analyzed.
The anticipated negative effects of during all harbor activities. During National Environmental Policy Act
dredging and kelp mitigation (short- nighttime activities, the harbor area will In 2001, the United States Air Force
term increase in noise and be illuminated, and the monitor will use (USAF) prepared an EA for Harbor
sedimentation) will be short-term and a night vision scope. Monitoring Activities Associated with the Delta IV
are not expected to result in a loss or activities will consist of: Program at VAFB. In 2005, NMFS
modification to the habitat used by (1) Conducting baseline observation of prepared an EA supplementing the
Pacific harbor seals, California sea lions, pinnipeds in the project area prior to information contained in the USAF EA
or northern elephant seals that haul out initiating project activities; and issued a Finding of No Significant
near the south VAFB harbor. Additional (2) Conducting and recording Impact (FONSI) on the issuance of an
details were provided in the notice of observations on pinnipeds in the IHA for Boeing’s, now ULA, harbor
proposed IHA (72 FR 20324, April 24, vicinity of the harbor for the duration of activities in accordance with section
2007). the activity occurring when tides are 6.01 of the National Oceanic and
low enough for pinnipeds to haul out Atmospheric Administration
Mitigation (2 ft, 0.61 m, or less); and Administrative Order 216–6
To reduce the potential for (3) Conducting post-construction (Environmental Review Procedures for
disturbance from visual and acoustic observations of pinniped haul-outs in Implementing the National
stimuli associated with the activities, the project area to determine whether Environmental Policy Act, May 20,
ULA and/or its designees will undertake animals disturbed by the project 1999). The proposed activity is within
the following marine mammal activities return to the haul-out. the scope of NMFS’ 2005 EA and
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mitigating measures: Monitoring results from previous FONSI.


(1) If activities occur during nighttime years of these activities have been
hours, lighting will be turned on before reviewed and incorporated into the Conclusions
dusk and left on the entire night to analysis of potential effects in this NMFS has issued an IHA to ULA for
avoid startling pinnipeds at night; document, as well as the take estimates. harbor activities related to the Delta IV/

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34446 Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Notices

EELV to take place at south VAFB over ADDRESSES: The meeting will be held at CONTACT PERSON FOR MORE INFORMATION:
a 1–year period, contingent upon the Best Western San Juan Airport Hotel Eileen A. Donovan, 202–418–5100.
adherence to the previously mentioned and Casino, located at the Luis Munoz
Eileen A. Donovan,
mitigation, monitoring, and reporting Marin International Airport, Carolina,
requirements. NMFS has determined Puerto Rico. Acting Secretary of the Commission.
that the impact of harbor activities [FR Doc. 07–3087 Filed 6–20–07; 10:23 am]
FOR FURTHER INFORMATION CONTACT:
related to the Delta IV/EELV at VAFB Caribbean Fishery Management Council,
BILLING CODE 6351–01–M
(transport vessel operations, cargo 268 Munoz Rivera Avenue, Suite 1108,
movement activities, harbor San Juan, Puerto Rico 00918, telephone:
maintenance dredging, and kelp habitat COMMODITY FUTURES TRADING
(787) 766–5926. COMMISSION
mitigation) will result in the Level B
Harassment of small numbers of Pacific SUPPLEMENTARY INFORMATION: The
Charter Boat Ad Hoc Committee will Sunshine Act Meetings
harbor seals, California sea lions, and
northern elephant seals. The effects of meet to discuss the items contained in
the following agenda: TIME AND DATE: 11 a.m., Friday, July 13,
ULA’s harbor activities are expected to 2007.
be in the form of short-term and July 18, 2007, 10:30 a.m.–3:30 p.m.
localized behavioral changes and no PLACE: 1155 21st St., NW., Washington,
take by injury or death is anticipated or -Call to Order DC, 9th Floor, Commission Conference
authorized. NMFS has further -Adoption of agenda Room.
determined that these takes will have a -Discussion of the White Paper on the STATUS: Closed.
negligible impact on the affected marine Sale of Catch by Charter/Recreational MATTERS TO BE CONSIDERED: Surveillance
mammal species and stocks. Northern Fishers in the U.S. Caribbean by the Matters.
fur seals, Guadalupe fur seals, and Charter Boat Ad Hoc Committee of the
Steller sea lions are unlikely to be found CONTACT PERSON FOR MORE INFORMATION:
CFMC
in the area and, therefore, will not be Eileen A. Donovan, 202–418–5100.
-Other Business
affected. No rookeries, mating grounds, Eileen A. Donovan,
areas of concentrated feeding, or other The meeting is open to the public,
and will be conducted in English. Acting Secretary of the Commission.
areas of special significance for marine
Fishers and other interested persons are [FR Doc. 07–3088 Filed 6–20–07; 10:27 am]
mammals occur within or near south
VAFB harbor. invited to attend and participate with BILLING CODE 6351–01–M
oral or written statements regarding
Authorization agenda issues.
NMFS has issued an IHA to take COMMODITY FUTURES TRADING
Special Accommodations COMMISSION
marine mammals, by Level B
harassment, incidental to conducting This meeting is physically accessible
to people with disabilities. For more Sunshine Act Meetings
harbor activities at VAFB to ULA for a
1–year period, provided the mitigation, information or request for sign language
TIME AND DATE: 11 a.m., Friday, July 20,
monitoring, and reporting requirements interpretation and/other auxiliary aids,
2007.
are undertaken. please contact Mr. Miguel A. Rolon,
Executive Director, Caribbean Fishery PLACE: 1155 21st St., NW., Washington,
Dated: June 18, 2007.
Management Council, 268 Munoz DC, 9th Floor Commission Conference
James H. Lecky, Room.
Rivera Avenue, Suite 1108, San Juan,
Director, Office of Protected Resources, Puerto Rico, 00918; telephone: (787)
National Marine Fisheries Service. STATUS: Closed.
766–5926, at least 5 days prior to the
[FR Doc. E7–12135 Filed 6–21–07; 8:45 am] MATTERS TO BE CONSIDERED:
meeting date.
BILLING CODE 3510–22–S Enforcement Matters.
Dated: June 19, 2007.
CONTACT PERSON FOR MORE INFORMATION:
Tracey L. Thompson,
Eileen A. Donovan, 202–418–5100.
DEPARTMENT OF COMMERCE Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service. Eileen A. Donovan,
National Oceanic and Atmospheric [FR Doc. E7–12112 Filed 6–21–07; 8:45 am] Acting Secretary of the Commission.
Administration BILLING CODE 3510–22–S [FR Doc. 07–3090 Filed 6–20–07; 10:33 am]
[XRIN: 0648–XA95] BILLING CODE 6351–01–M

Caribbean Fishery Management


Council; Public Meeting COMMODITY FUTURES TRADING COMMODITY FUTURES TRADING
COMMISSION COMMISSION
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and Sunshine Act Meetings Sunshine Act Meetings
Atmospheric Administration (NOAA),
Commerce. TIME AND DATE: 11 a.m., Friday, July 6, TIME AND DATE: 11 a.m., Friday, July 27,
ACTION: Notice of a public meeting. 2007. 2007.
PLACE: 1155 21st St., NW., Washington, PLACE: 1155 21st St., NW., Washington,
SUMMARY: The Caribbean Fishery DC, 9th Floor Commission Conference DC, 9th Floor Commission Conference
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Management Council’s Charter Boat Ad Room. Room.


Hoc Committee will hold a meeting.
DATES: The Charter Boat Ad Hoc
STATUS: Closed. STATUS: Closed.
Committee will meet on July 18, 2007, MATTERS TO BE CONSIDERED: Surveillance MATTERS TO BE CONSIDERED: Surveillance
from 10:30 a.m. to 3:30 p.m. Matters. Matters.

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