[Federal Register Volume 61, Number 107 (Monday, June 3, 1996)]
[Rules and Regulations]
[Pages 27793-27795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13743]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 216 and 247
[Docket No. 960516135-6135-01; I.D. 051096A]
RIN 0648-AF08
Taking and Importing of Marine Mammals; Dolphin Safe Tuna
Labeling; Regulation Consolidation
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This rule consolidates existing regulations regarding dolphin
safe tuna labeling and corrects an address in the regulations. This
action is part of the President's regulatory reform initiative.
EFFECTIVE DATE: June 3, 1996.
FOR FURTHER INFORMATION CONTACT: Wanda L. Cain, Office of Protected
Resources, NMFS, 301-713-2055.
SUPPLEMENTARY INFORMATION:
On September 19, 1991 (56 FR 47424), NMFS published an interim
final rule implementing dolphin safe tuna labeling requirements of the
Dolphin Protection Consumer Information Act, 16 U.S.C. 1385. To
consolidate regulations under the President's regulatory reform
initiative, NMFS is recodifying regulations governing the requirements
for the dolphin safe labeling of tuna as subpart H of part 216. In
addition, a new paragraph is added to Sec. 216.24 to reference subpart
H in order to make importers aware of dolphin safe tuna labeling
requirements.
In this rule, NMFS also removes the address of the Director,
Southwest Region, from the footnote to Sec. 261.24 (e)(3)(iii).
Classification
This rule has been determined to be not significant for purposes of
E.O. 12866.
The Assistant Administrator for Fisheries, NOAA, under 5 U.S.C.
553(b)(B) and (d)(3), for good cause finds that because this rule makes
only nonsubstantive changes to existing regulations that were issued
pursuant to notice-and-comment procedures, it is not necessary to
provide advance notice and opportunity for public comment or to delay
its effectiveness for 30 days.
List of Subjects
50 CFR Part 216
Administrative practice and procedure, Exports, Imports, Indians,
Marine mammals, Penalties, Reporting and recordkeeping requirements,
Transportation.
50 CFR Part 247
Exports, Fish, Labeling, Marine mammals, Penalties, Reporting and
recordkeeping requirements, Seafood.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 216 and,
under authority of 16 U.S.C. 1385 et seq., 247 are amended as follows:
[[Page 27794]]
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. In Sec. 216.3, the definition for ``Assistant Administrator'' is
revised, the definition of ``Regional Director'' is removed, and
definitions for ``Fisheries Certificate of Origin'', ``Label'',
``Director, Southwest Region'', and ``Tuna product'' are added
alphabetically to read as follows:
Sec. 216.3 Definitions.
* * * * *
Assistant Administrator means the Assistant Administrator for
Fisheries, National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Silver Spring, MD 20910, or his/her
designee.
* * * * *
Director, Southwest Region means the Director, Southwest Region,
NMFS, 501 W. Ocean Blvd., Long Beach, CA 90802, or his/her designee.
* * * * *
Fisheries Certificate of Origin means NOAA Form 370, as described
in 50 CFR 216.24(e)(3)(iii).
* * * * *
Label means a display of written, printed, or graphic matter on or
affixed to the immediate container of any article.
* * * * *
Tuna product means any food product processed for retail sale and
intended for human or animal consumption that contains an item listed
in Sec. 216.24(e)(2)(i) or (ii), but does not include perishable items
with a shelf life of less than 3 days.
* * * * *
3. In Sec. 216.24, the terms ``NMFS Southwest Regional Director'',
``Regional Director'', ``Regional Director of the Southwest Region'',
``Regional Director, National Marine Fisheries Service'', ``Regional
Director, Southwest Region'', ``Regional Director, Southwest Region,
NMFS'', and ``Southwest Regional Director'' are removed and the words
``Director, Southwest Region'' are added in its place, each place it
occurs.
4. In Sec. 216.24(e)(3)(i), paragraph (E) is added to read as
follows:
Sec. 216.24 Taking and related acts incidental to commercial fishing
operations.
* * * * *
(e) * * *
(3) * * *
(i) * * *
(E) Tuna or tuna products sold in or exported from the United
States that suggest the tuna was harvested in a manner not injurious to
dolphins are subject to the requirements of subpart H.
* * * * *
5. In Sec. 216.24(e)(3)(iii), the footnote is revised to read as
follows:
1 Copies of the form are available from the Director,
Southwest Region (see Sec. 216.3).
6. Subpart H is added to read as follows:
SUBPART H--DOLPHIN SAFE TUNA LABELING
Sec.
216.90 Purpose.
216.91 Labeling requirements.
216.92 Purse seine vessels greater than 400 short tons (362.8
metric tons).
216.93 Submission of documentation.
216.94 Requests to review documents.
216.95 False statements or endorsements.
Authority: 16 U.S.C. 1385.
Sec. 216.90 Purpose.
This subpart governs the requirements for labeling of tuna or tuna
products sold in or exported from the United States that suggest the
tuna was harvested in a manner not injurious to dolphins.
Sec. 216.91 Labeling requirements.
It is a violation of section 5 of the Federal Trade Commission Act
(15 U.S.C. 45) for any person subject to U.S. jurisdiction, including
any producer, exporter, importer, distributor, or seller of any tuna
product exported from the United States or offered for sale in the
United States to include on the label of that product the term
``dolphin safe'' or any other term, phrase, or symbol that claims or
suggests that the tuna contained in the product was harvested using a
fishing method that is not harmful to dolphins, if the product:
(a) Contains tuna harvested with a large-scale driftnet; or
(b) Contains tuna harvested in the ETP by a purse seine vessel 400
short tons (362.8 metric tons) carrying capacity or greater and is
labeled in a manner that violates the standards set forth in
Sec. 216.92 or Sec. 216.93.
Sec. 216.92 Purse seine vessels greater than 400 short tons (362.8
metric tons).
For purposes of Sec. 216.91(b), any tuna product containing tuna
that were harvested in the ETP by a purse seine vessel 400 short tons
(362.8 metric tons) carrying capacity or greater, must be accompanied
by:
(a) A completed Fisheries Certificate of Origin;
(b) A written statement by the captain of each vessel that
harvested the tuna, certifying that the vessel did not intentionally
deploy a purse seine net on or to encircle dolphins at any time during
the trip;
(c) A written statement certifying that an observer, employed by or
working under contract with the Inter-American Tropical Tuna Commission
or the Secretary, was on board the vessel during the entire trip and
that the vessel did not intentionally deploy a purse seine net on or to
encircle dolphin at any time during the trip. The statement must be
signed by either:
(1) The Secretary; or
(2) A representative of the Inter-American Tropical Tuna
Commission; and
(d) An endorsement on the Fisheries Certificate of Origin by each
exporter, importer, and processor certifying that, to the best of his
or her knowledge and belief, the Fisheries Certificate of Origin and
attached documentation, accurately describe the tuna products.
Sec. 216.93 Submission of documentation.
The documents required by Sec. 216.92 must accompany the tuna
product whenever it is offered for sale or export, except that these
documents need not accompany the product when offered for sale if:
(a) The documents do not require further endorsement by any
importer or processor, and are submitted to officials of the U.S.
Customs Service at the time of import; or
(b) The documents are endorsed as required by Sec. 216.92(d) and
delivered to the Director, Southwest Region, or to the U.S. Customs
Service at the time of exportation.
Sec. 216.94 Requests to review documents.
At any time, the Assistant Administrator may request, in writing,
any exporter, importer, processor, distributor, or seller of any tuna
or tuna product labeled in a manner subject to the requirements of
Sec. 216.91, to produce, within a specified time period, all
documentary evidence concerning the origin of any product that is
offered for sale as ``dolphin safe,'' including the original invoice.
Sec. 216.95 False statements or endorsements.
Any person who knowingly and willfully makes a false statement or
false endorsement required by Sec. 216.92 is liable for a civil penalty
not to exceed $100,000, that may be assessed in an action brought in
any appropriate District Court of the United States on behalf of the
Secretary.
[[Page 27795]]
PART 247--DOLPHIN SAFE TUNA LABELING
7. Under the authority of 16 U.S.C. 1385, part 247 is removed.
[FR Doc. 96-13743 Filed 5-31-96; 8:45 am]
BILLING CODE 3510-22-F
