[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Rules and Regulations]
[Pages 44422-44423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21984]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[Docket No. 970702161-7197-02; I.D. 041097C]
RIN 0648-AJ93
Atlantic Highly Migratory Species Fisheries; Import Restrictions
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS amends the regulations governing the Atlantic highly
migratory species fisheries to prohibit importation of Atlantic bluefin
tuna (ABT) and its products in any form harvested by vessels of Panama,
Honduras, and Belize. The amendments are necessary to implement
International Commission for the Conservation of Atlantic Tunas (ICCAT)
recommendations designed to help achieve the conservation and
management objectives for ABT fisheries.
DATES: Effective August 20, 1997. Restrictions on Honduras and Belize
are applicable August 20, 1997; restrictions on Panama are applicable
January 1, 1998.
ADDRESSES: Copies of the supporting documentation are available from
Rebecca Lent, Chief, Highly Migratory Species Management Division,
Office of Sustainable Fisheries (F/SF1), NMFS, 1315 East-West Highway,
Silver Spring, MD 20910-3282.
FOR FURTHER INFORMATION CONTACT: Chris Rogers or Jill Stevenson, 301-
713-2347.
SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed
under the authority of the Atlantic Tunas Convention Act (ATCA).
Section 971d(c)(1) of the ATCA authorizes the Secretary of Commerce
(Secretary) to issue regulations as may be necessary to carry out the
recommendations of the ICCAT. The authority to issue regulations has
been delegated from the Secretary to the Assistant Administrator for
Fisheries, NOAA (AA).
Background information about the need to implement trade
restrictions and the related ICCAT recommendation was provided in the
preamble to the proposed rule (62 FR 38246, July 17, 1997) and is not
repeated here. These regulatory changes will further NMFS' management
objectives for the Atlantic tuna fisheries.
Proposed Import Restrictions
In order to conserve and manage North Atlantic bluefin tuna, ICCAT
adopted two recommendations at its 1996 meeting requiring its
Contracting Parties to take the appropriate measures to prohibit the
import of ABT and its products in any form from Belize, Honduras, and
Panama. The first recommendation was that its Contracting Parties take
appropriate steps to prohibit the import of ABT and its products in any
form harvested by vessels of Belize and Honduras as soon as possible
following the entry into force of the ICCAT recommendation.
Accordingly, the prohibition with respect to these countries is
effective August 20, 1997. The second recommendation was that the
Contracting Parties take appropriate steps to prohibit such imports
harvested by vessels of Panama effective January 1, 1998. This would
allow Panama an opportunity to present documentary evidence to ICCAT,
at its 1997 meeting or before, that Panama has brought its fishing
practices for ABT into consistency with ICCAT conservation and
management measures. Accordingly, the prohibition with respect to
Panama will become effective January 1, 1998.
Under current regulations, all ABT shipments imported into the
United States are required to be accompanied by a Bluefin Statistical
Document (BSD). Under this final rule, United States Customs officials,
using the BSD, will deny entry into the customs territory of the United
States of shipments of ABT harvested by vessels of Panama, Honduras,
and Belize and exported after the effective dates of the trade
restrictions. Entry will not be denied for any shipment in transit
prior to the effective date of trade restrictions.
Upon determination by ICCAT that Panama, Honduras, and/or Belize
has brought its fishing practices into consistency with ICCAT
conservation and management measures, NMFS will publish a final rule in
the Federal Register that will remove import restrictions for the
relevant party. In
[[Page 44423]]
such case, ABT harvested by Panama, Honduras, and Belize and exported
prior to the effective date of the removal of import restrictions would
continue to be prohibited from entry.
Changes From the Proposed Rule
No changes were made to the proposed rule. NMFS conducted a public
hearing on the proposed rule where one oral comment was received. NMFS
also received one written comment over the 14-day comment period. The
oral comment suggested that the rule would be ineffective at furthering
management objectives considering that the United States imports no ABT
from the affected countries. NMFS acknowledges that no ABT are imported
from these countries; however, it is necessary to close a potential
market when other existing markets, such as Japan, are closed.
Therefore, it is necessary to take this action. The written comment
supported the rule as necessary to encourage other Contracting Parties
to do the same.
Relation to Proposed Consolidation
The regulatory amendments contained in this final rule, when
proposed, were drafted to be consistent with a proposed rule to
consolidate all of the regulations for Atlantic highly migratory
species (HMS) fisheries, published on November 6, 1996 (61 FR 57361).
The proposed consolidation would group all regulations pertaining to
Atlantic HMS under 50 CFR part 630. The final consolidated regulations
have not yet been issued. Accordingly, the regulatory amendments
contained in this final rule were revised to make the appropriate
changes to the existing text at 50 CFR part 285. The regulatory
amendments contained in this final rule will eventually be incorporated
into the final consolidated regulations at 50 CFR part 630. Copies of
the proposed consolidation rule may be obtained by writing (see
ADDRESSES) or calling the contact person (see FOR FURTHER INFORMATION
CONTACT).
Classification
This rule is published under the authority of the ATCA, 16 U.S.C.
971 et seq. The AA has determined that the regulations contained in
this rule are necessary to implement the recommendations of ICCAT and
are necessary for the conservation and management of the Atlantic tuna
fisheries.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief of Advocacy of the Small
Business Administration when this rule was proposed, that, if adopted,
it would not have a significant economic impact on a substantial number
of small entities. No comments were received that would change the
basis for that certification and accordingly, a final regulatory
flexibility analysis was not prepared.
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 (PRA) unless that collection of information
displays a currently valid OMB Control Number. This final rule restates
an information collection requirement subject to the PRA that is
currently approved under OMB Control Number 0648-0040. The burden to
complete and transmit a Bluefin Tuna Statistical Document is estimated
at 20 minutes per document.
This final rule has been determined not to be significant for
purposes of E.O. 12866.
The AA has determined that with respect to the prohibitions on
imports by vessels of Belize or Honduras, there is good cause to waive
the 30-day delay in the effective date required by 5 U.S.C. 553(d).
This rule implements an ICCAT recommendation with respect to these
countries that must be implemented as soon as possible after August 4,
1997, the date the ICCAT recommendation entered into force. NMFS will
rapidly communicate these dates to tuna importers and trade
representatives through the FAX network and a press release. As such,
there is good cause to delay the effective date of this rule with
respect to those two countries. The effective date with respect to
Panama is January 1, 1998.
List of Subjects in 50 CFR Part 285
Fisheries, Fishing, Penalties, Reporting and recordkeeping
requirements, Treaties.
Dated: August 14, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Services.
For the reasons set out in the preamble, 50 CFR part 285 is amended
as follows:
PART 285--ATLANTIC TUNA FISHERIES
1. The authority citation for part 285 continues to read as
follows:
Authority: 16 U.S.C. 971 et seq.
2. New Sec. 285.87 is added to subpart D to read as follows:
Sec. 285.87 Import restrictions for Belize, Honduras, and Panama.
(a) Effective August 20, 1997 all shipments of Atlantic bluefin
tuna or Atlantic bluefin tuna products in any form harvested by a
vessel of Honduras or Belize will be denied entry into the United
States, unless a validated Bluefin Statistical Document required under
subpart F of this part, Secs. 285.200 through 285.205, shows that a
particular shipment of such bluefin tuna was exported prior to August
20, 1997.
(b) Effective January 1, 1998, all shipments of Atlantic bluefin
tuna or Atlantic bluefin tuna products in any form harvested by a
vessel of Panama will be denied entry into the United States, unless a
validated Bluefin Statistical Document required under subpart F of this
part, Secs. 285.200 through 285.205, shows that a particular shipment
of such bluefin tuna was exported prior to January 1, 1998.
3. In Sec. 285.205, paragraphs (k) and (l) are added to read as
follows:
Sec. 285.205 Prohibitions.
* * * * *
(k) Import any Atlantic bluefin tuna or Atlantic bluefin tuna
products into the United States from Belize or Honduras after August
20, 1997 unless a validated Bluefin Statistical Document required under
this subpart F, Secs. 285.200 through 285.205, shows that a particular
shipment of such bluefin tuna was exported prior to August 20, 1997.
(l) Import any Atlantic bluefin tuna or Atlantic bluefin tuna
products into the United States from Panama after January 1, 1998,
unless a validated Bluefin Statistical Document required under this
subpart F, Secs. 285.200 through 285.205, shows that a particular
shipment of such bluefin tuna was exported prior to January 1, 1998.
[FR Doc. 97-21984 Filed 8-20-97; 8:45 am]
BILLING CODE 3510-22-F
