[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Rules and Regulations]
[Pages 30145-30146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14594]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 970515116-8103-02; I.D. 030598C]
RIN 0648-AJ94
Antarctic Marine Living Resources Convention Act of 1984;
Conservation and Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final regulatory notice.
-----------------------------------------------------------------------
SUMMARY: At its sixteenth meeting in Hobart, Tasmania, October 27 to
November 7, 1997, the Commission for the Conservation of Antarctic
Marine Living Resources (CCAMLR), of which the United States is a
member, adopted conservation measures, pending members' approval,
pertaining to fishing in the CCAMLR Convention Area in Antarctic
waters. These measures were agreed upon in accordance with Article IX
of the Convention for the Conservation of Antarctic Marine Living
Resources. The measures restrict overall catches of certain species of
fish, list the fishing seasons, continue previously adopted reporting
requirements, and specify measures that must be taken to minimize the
incidental taking of non-target species. The measures were announced by
the Department of State by a preliminary notice in the Federal Register
on February 3, 1998 (63 FR 5587-5598). Public comments were invited,
but none were received. NMFS implements these measures by final
regulatory notice, consistent with the framework process specified in
the International Fisheries Regulations (50 CFR 300.111).
DATES: June 3, 1998 through June 3, 1999.
ADDRESSES: Copies of the CCAMLR measures and the framework
environmental assessment may be obtained from the Assistant
Administrator for Fisheries, NOAA, National Marine Fisheries Service,
1315 East-West Highway, Silver Spring, MD 20910.
[[Page 30146]]
FOR FURTHER INFORMATION CONTACT: Robin Tuttle, 301-713-2282.
SUPPLEMENTARY INFORMATION: See 50 CFR Part 300, Subpart G - Antarctic
Marine Living Resources, and the Department of State's preliminary
notice at 63 FR 5587 (February 3, 1998). CCAMLR approved several
fisheries as new or exploratory fisheries for the 1997/98 fishing
season. These fisheries are limited total allowable catch fisheries,
open only to the countries which notified CCAMLR of an interest by
their fishers in the fisheries. The United States was not a notifying
country, and, thus, U.S. fishers are not eligible to participate. The
new fisheries are for: Dissotichus species in Statistical Subareas
48.1, 48.2 and 88.3 by Chile; Dissotichus species in Statistical
Subarea 48.6 by Norway; Dissotichus species in Statistical Subarea 48.6
and Divisions 58.4.3 and 58.4.4 by South Africa; D. eleginoides in
Statistical Division 58.4.4 by Ukraine; and Dissotichus species in
Statistical Subarea 88.2 by New Zealand. The exploratory fisheries are
for: M. hyadesi in Statistical Subarea 48.3 by Korea and the United
Kingdom; Dissotichus species, using trawls, in Statistical Division
58.4.3 by Australia; and Dissotichus species in Statistical Subareas
58.6 and 58.7 outside exclusive economic zones by Russia, South Africa
and Ukraine; and Dissotichus species in Statistical Subareas 88.1 by
New Zealand.
The measure for the minimization of the incidental mortality of
seabirds in the course on longline fishing or longline fishing research
in the Convention Area was amended to prohibit the dumping of offal
from the vessel during the setting of longlines. The measure had
previously indicated that dumping offal during setting should be
avoided as far as possible.
Participation in the Convention Area crab fishery continues to be
limited to one vessel per Commission member. Applications for a crab
permit must be received no later than 90 days prior to intended
harvesting and will be considered in order of application. If there are
multiple applicants, the one U.S. crab permit will be issued on the
basis of: (1) order of receipt of applications; (2) criteria for
harvesting permits appearing in 50 CFR 300.112; (3) willingness to
participate in CCAMLR pilot programs; and (4) record of previous
participation, if any, in the crab fishery.
CCAMLR adopted three conservation measures and one resolution
addressing illegal, unreported and unregulated fishing in the
Convention Area. The first conservation measure, a ``Scheme to Promote
Compliance by non-Contracting Party Vessels with CCAMLR Conservation
Measures,'' is based upon a scheme adopted by the Northwest Atlantic
Fisheries Organization restricting landings and transshipment by
vessels concluded to be fishing in contravention of CCAMLR conservation
measures. The second measure is a ``Requirement for Contracting Parties
to License Their Flag Vessels in the Convention Area,'' and the third
is a ``Prohibition of Directed Fishing for Dissotichus species, except
in Accordance with Specific Conservation Measures.'' Directed fishing
for Dissotichus species is prohibited in Statistical Subarea 48.5, and
Divisions 58.4.1 and 58.4.2. from November 7, 1997, through November 6,
1998.
The resolution calls upon Members to endeavor to establish by
November 6, 1998, an automated vessel monitoring system to monitor the
position of its flag vessels licensed or permitted to harvest
Patagonian toothfish or other marine living resources in the Convention
Area for which catch limits, fishing seasons or area restrictions have
been set. Current fishing for krill was excluded from the scope of the
resolution at the insistence of Japan.
The Standing Committee on Observation and Inspection agreed to
study the feasibility and usefulness of a CCAMLR system to apply trade
restrictive measures to non-Contracting Parties (NCP) identified by
CCAMLR as undermining the effectiveness of its conservation measures
through the activities of vessels flying NCP flags. To date, these have
included vessels flagged by Panama, Vanuatu, Portugal, Belize, and
Honduras. The starting point for study will be the tracking and trade
restrictive measures adopted by the International Commission for the
Conservation of Atlantic Tunas. In considering trade-related measures
as a means of facilitating compliance, the Commission recommended that
members (1) collect information related to the trade of Patagonian
toothfish in order to better understand the international flows
(including where it is landed, transhipped or imported and under what
product names it is being marketed); and (2) provide that information
to the Secretariat for distribution to members for consideration in
advance of the next annual meeting of the Commission.
Implementing the requirements to (1) restrict landings and
transshipment by non-Contracting parties engaged in activities which
undermine the effectiveness of CCAMLR conservation measures and to (2)
report import data will require coordination among NMFS, Department of
State, Coast Guard, Customs, and the International Trade Commission
(ITC). Coordination with Customs and ITC are underway to secure
harmonized tariff code designations for Patagonian toothfish. The
United States already requires its vessels fishing on the high seas to
hold a High Seas Fishing Vessel License and fishers in the CCAMLR
Convention Area to hold a NMFS CCAMLR permit.
Classification
NMFS has determined that this regulatory notice is necessary to
implement the Antarctic Marine Living Resources Convention Act of 1984
and to give effect to the management measures adopted by CCAMLR and
agreed to by the United States.
This notice has been determined to be not significant for purposes
for E.O. 12866. It is exempt from 5 U.S.C. 553, because it involves a
foreign affairs function of the United States. Because prior notice and
opportunity for public comment are not required for this rule by 5
U.S.C. 553, or any other law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any 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. This rule
refers to a collection-of-information that is subject to the Paperwork
Reduction Act and has been approved by OMB under OMB control number
648-0194.
Authority: 16 U.S.C. 2431 et seq.
Dated: May 27, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 98-14594 Filed 6-2-98; 8:45 am]
BILLING CODE 3510-22-F
