[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Proposed Rules]
[Pages 71722-71723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33065]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 991210333-9333-01; I.D. 111099C]
RIN 0648-AN37
Dolphin-Safe Tuna Labeling; Official Mark
AGENCY: National Marine Fisheries Service(NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to implement provisions of the International
Dolphin Conservation Program Act (IDCPA) that pertain to the
establishment of an official dolphin-safe mark. This rule proposes that
mark. The Dolphin Protection Consumer Information Act (DPCIA), as
amended by the IDCPA, requires the Secretary of Commerce to develop an
official mark that may be used to label tuna products as ``dolphin-
safe.'' This rule will allow consumers to distinguish dolphin-safe tuna
products using the official mark from non-dolphin-safe tuna products.
DATES: Comments on the proposed rule must be received on or before
January 5, 2000.
ADDRESSES: Written comments should be sent to Christopher Fanning,
NMFS, Southwest Region, Sustainable Fisheries Division, 501 West Ocean
Blvd., Suite 4200, Long Beach, CA 90802-4213. Comments also may be sent
via facsimile, to (562) 980-4047. NMFS will not accept comments sent by
e-mail or via Internet. A full color version of the proposed official
mark may be found at the NMFS Southwest Region website at http://
swr.ucsd.edu/.
FOR FURTHER INFORMATION CONTACT: Christopher Fanning, NMFS, Southwest
Region, Sustainable Fisheries Division, (562) 980-4030 or J. Allison
Routt, NMFS, Southwest Region, Protected Resources Division, (562) 980-
4020.
SUPPLEMENTARY INFORMATION:
Background
The DPCIA, 16 U.S.C. 1385, as amended by the IDCPA, requires the
Secretary of Commerce to develop an official mark that can be used to
label tuna products as ``dolphin-safe.'' The IDCPA and the DPCIA became
effective on March 3, 1999, when the Secretary of State certified to
Congress that the Agreement on the International Dolphin Conservation
Program had been adopted and was in force.
Official Mark
As discussed in the proposed rule to implement the IDCPA (64 FR
31806; June 14, 1999), the Secretary of Commerce considered the
designation of a commonly used dolphin-safe logo as the official mark,
but instead has decided to develop a unique logo as the official mark.
This rule proposes a specific logo as the official mark.
The DPCIA establishes dolphin-safe standards applicable to tuna
products labeled with either the official mark or an alternative mark,
(16 U.S.C. 1385(d)). The DPCIA does not mandate the use of the official
mark nor does it prohibit the use of alternative marks. However, as set
forth under paragraph (d)(3)(B) of the DPCIA, whenever a tuna product
bears the official mark, it may not bear any other mark or label that
refers to dolphins, porpoises, or marine mammals. The dolphin-safe
labeling standards are set forth under 50 CFR 216.91 through 216.94.
This proposed rule would codify the official mark at 50 CFR 216.96.
Public Comments Solicited
NMFS is soliciting comments on this proposed rule, including the
proposed official mark (see ADDRESSES).
Classification
Executive Order 12866
This proposed rule has been determined to not be significant for
purposes of E.O. 12866.
Regulatory Flexibility Act
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities since the IDCPA does not mandate the use of the official
mark, and use of the official mark is discretionary. Thus there are no
compliance costs associated with this proposed rule. As a result, a
regulatory flexibility analysis was not prepared.
[[Page 71723]]
List of Subjects in 50 CFR Part 216
Food Labeling, Marine mammals, Seafood.
Dated: December 15, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 216 is
proposed to be amended as follows:
PART 216-REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE
MAMMALS
1. The authority citation for part 216 continues to read as
follows:
Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.
2. Section 216.96 is added to read as follows:
Sec. 216.96 Official mark for ``Dolphin-safe'' tuna products.
(a) This is the ``official mark'' (see figure 1) designated by the
United States Department of Commerce that may be used to label tuna
products that meet the ``dolphin-safe'' standards set forth in the
DPCIA, 16 U.S.C. 1385, and implementing regulations at 50 CFR 216.91
through 216.94:
BILLING CODE 3510-22-F
[GRAPHIC] [TIFF OMITTED] TP22DE99.011
BILLING CODE 3510-22-C
(b) Location and size of the official mark.
The official mark on labels must allow the consumer to identify the
official mark and be similar in design and scale to figure 1. A full
color version of the official mark may be found at http://
swr.ucsd.edu/.
[FR Doc. 99-33065 Filed 12-21-99; 8:45 am]
BILLING CODE 3510-22-F
