[Federal Register Volume 64, Number 122 (Friday, June 25, 1999)]
[Notices]
[Pages 34217-34218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16205]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 990514132-9132-01; I.D. 032999A]
Taking and Importing of Marine Mammals; Italy as a Large-Scale
High Seas Driftnet Nation
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Identification of Italy as a Large-Scale High Seas Driftnet
Nation.
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SUMMARY: The U.S. Court of International Trade ordered the Secretary of
Commerce to identify Italy as a country for which there is reason to
believe its nationals or vessels conduct large-scale driftnet fishing
beyond the exclusive economic zone of any nation. The Secretary did so
on March 19, 1999. As a result, the President is required to enter into
consultations with Italy within 30 days after the identification to
obtain an agreement that will effect the immediate termination of high
seas large-scale driftnetting by Italian vessels and nationals. If
consultations with Italy are not satisfactorily concluded, the
importation into the United States of fish, fish products, and
sportfishing equipment from Italy will be prohibited under the High
Seas Driftnet Fisheries Enforcement Act (HSDFEA). Further, the
Secretary of the Treasury has been directed to deny entry of Italian
large-scale driftnet vessels to U.S. ports and navigable waters. In
addition, pursuant to the Dolphin Protection Consumer Information Act
(DPCIA), the importation of certain fish and fish products into the
United States from Italy is prohibited, unless Italy certifies that
such fish and fish products were not caught with large-scale driftnets
anywhere on the high seas. This action furthers the U.S. policy to
support a United Nations moratorium on high seas driftnet fishing, in
part because of the harmful effects that such driftnets have on marine
mammals, including dolphins.
DATES: Effective March 19, 1999.
FOR FURTHER INFORMATION CONTACT: Cathy L. Eisele, Fishery Biologist;
telephone: 301-713-2322, or fax: 301-713-4060; or Paul Niemeier,
Foreign Affairs Specialist; telephone: 301-713-2276, or fax: 301-713-
2313.
SUPPLEMENTARY INFORMATION:
The HSDFEA furthers the purposes of United Nations General Assembly
Resolution 46/215, which called for a worldwide ban on large-scale high
seas driftnet fishing beginning December 31, 1992. On March 5, 1999,
the U.S. Court of International Trade ordered the Secretary of Commerce
to identify Italy as a country for which there is reason to believe its
nationals or vessels conduct large-scale driftnet fishing beyond the
exclusive economic zone of any nation, pursuant to the HSDFEA (16
U.S.C. 1826a). On March 19, 1999, the Secretary notified the President
that he had identified Italy as such a country. Italian officials were
notified by the Department of State on March 22, 1999.
Pursuant to the HSDFEA, a chain of actions is triggered once the
Secretary of Commerce notifies Italy that it has been identified as a
large-scale high seas driftnet nation. If the consultations with Italy,
described in the SUMMARY, are not satisfactorily concluded within 90
days, the President must direct the Secretary of the Treasury to
prohibit the importation into the United States of fish, fish products,
and sport fishing equipment from Italy. The Secretary of the Treasury
is required to implement such prohibitions within 45 days of the
President's direction.
If the above sanctions are insufficient to persuade Italy to cease
large-scale high seas driftnet fishing within 6 months, or Italy
retaliates against the United States during that time as a result of
the sanctions, the Secretary of Commerce is required to certify this
fact to the President. Such a certification is deemed to be a
certification under section 8(a) of the Fishermen's Protective Act of
1967 (22 U.S.C. 1978(a), also known as the Pelly Amendment). This
authorizes the President to restrict imports of ``any products from the
offending country for
[[Page 34218]]
any duration'' to achieve compliance with the driftnet moratorium, so
long as such action is consistent with U.S. obligations under the
General Agreement on Tariffs and Trade.
The DPCIA (16 U.S.C. 1371(a)(2)(E)) requires that an exporting
nation whose fishing vessels engage in high seas driftnet fishing
provide documentary evidence that certain fish or fish products it
wishes to export to the United States were not harvested with a large-
scale driftnet on the high seas. Importers are being reminded that, as
has been in effect since May 29, 1996 (61 FR 18722), all shipments from
Italy containing fish and fish products specified in regulations at 50
CFR 216.24(e)(2) are subject to the importation requirements of the
DPCIA. As required by 50 CFR 216.24(e)(2), the Fisheries Certificate of
Origin (NOAA Form 370) must accompany all imported shipments of an item
with a Harmonized Tariff Schedule number for fish harvested by or
imported from a large-scale driftnet nation. As part of those
requirements, an official of the Government of Italy must certify that
any such import does not contain fish harvested with large-scale
driftnets anywhere on the high seas.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to, a penalty for failure
to comply with a collection of information subject to the requirements
of the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number. The collection of
information required by the Fisheries Certificate of Origin (NOAA Form
370) has been approved by the Office of Management and Budget (OMB)
under OMB control number 0648-0040.
Dated: June 16, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 99-16205 Filed 6-24-99; 8:45 am]
BILLING CODE 3510-22-F
