![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Antarctic Marine Living Resources; Harvesting and Dealer Permits, and Catch Documentation
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 10, 2000 (Volume 65, Number 91)]
[Rules and Regulations]
[Page 30014-30017]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my00-16]
[[Page 30014]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 000218046-0117; I.D. 121599F]
RIN 0648-AN42
Antarctic Marine Living Resources; Harvesting and Dealer Permits,
and Catch Documentation
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to revise permit requirements for
U.S. vessels harvesting, or transshipping catch of, Dissostichus
eleginoides (Patagonian toothfish) and Dissostichus mawsoni (Antarctic
toothfish) harvested in all waters, including those under the
jurisdiction of the Commission for the Conservation of Antarctic Marine
Living Resources (CCAMLR). These regulations govern U.S. harvesters,
receivers, importers and exporters of toothfish wherever caught, as
well as other Antarctic marine living resources. NMFS will no longer
use ``import'' permits as part of its regulatory requirements, instead
it will use ``dealer'' permits. Persons receiving, importing, or re-
exporting toothfish are required to validate and submit Dissostichus
Catch Documents (DCD) to NMFS. This rule implements U.S. obligations as
a Contracting Party of CCAMLR to conserve Antarctic and Patagonian
toothfish by preventing or otherwise discouraging unlawful harvest and
trade in these species.
DATES: This final rule is effective May 5, 2000.
ADDRESSES: Copies of the Environmental Assessment and Regulatory Impact
Review/Regulatory Flexibility Analysis (EA and RIR/RFA) supporting this
action may be obtained from Dean Swanson, International Fisheries
Division, Office of Sustainable Fisheries, NMFS, 1315 East-West
Highway, Silver Spring, MD 20910. Comments involving the reporting
burden estimates or any other aspects of the collection of information
requirements contained in this final rule should be sent to both Dean
Swanson, at the above address, and to the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Washington,
DC 20503 (ATTN: NOAA Desk Officer). Comments sent by e-mail or the
Internet will not be accepted.
FOR FURTHER INFORMATION CONTACT: Dean Swanson or Angela Somma at 301-
713-2276 or FAX 301-713-2313.
SUPPLEMENTARY INFORMATION: The Antarctic fisheries are managed under
the authority of the Antarctic Marine Living Resources Convention Act
of 1984 (Act) codified at 16 U.S.C. 2431 et seq. NMFS implements CCAMLR
conservation measures by regulations at 50 CFR part 300, subpart G.
Background information about the need for revisions to the Antarctic
fisheries regulations was provided in the preamble to the proposed rule
(65 FR 13284, March 13, 2000) and is not repeated here.
Comments and Responses
NMFS received written comments during the 30-day comment period on
the proposed rule. When drafting the final EA and RIR/RFA and the final
regulations, NMFS considered all comments received. Comments were
received on the proposed rule from an industry trade association,
several importers of toothfish, several environmental organizations,
the U.S. Customs Service, and the Department of State. All supported
the action taken by CCAMLR.
Comment 1: Several commenters objected to a continuation of the
import permit requirements as applied to incoming toothfish at the same
time as the DCD requirements are being implemented.
Response: NMFS intends to withdraw such import permit requirements
by formal rulemaking once the DCD requirements have their intended
effect within the United States and other CCAMLR member states.
Comment 2: Several commenters suggested that NMFS should review and
approve the completeness and accuracy of a DCD before a shipment of
toothfish arrives at U.S. Customs.
Response: As this alternative was not suggested or considered in
the proposed rule and the EA, and the United States is legally
obligated to implement the DCD requirements on May 7, 2000, it was not
feasible to incorporate this suggestion into the rulemaking given the
deadline. NMFS intends to discuss this suggestion with an interagency
group with experience with pre-approval procedures for restricted
imports to determine whether a pre-approval system can improve
compliance with the CCAMLR catch documentation scheme. NMFS will
consider the advice of this group and the results of compliance with
the DCD scheme in determining whether to propose an amendment to this
rule. NMFS is committed to implementing U.S. obligations arising from
CCAMLR in a comprehensive manner that aims at full compliance by U.S.
nationals and other individuals subject to U.S. jurisdiction.
Comment 3: One commenter expressed concern about the commercially
sensitive nature of information required on the DCD.
Response: The DCD is a CCAMLR-prescribed form, and NMFS is not able
to change it. NMFS does not believe any Privacy Act provisions are
violated by the form.
Comment 4: One commenter said that, as written, the proposed rule
is unclear whether the rule requires each landing of toothfish at U.S.
ports by non-U.S. flag vessels to be accompanied by a DCD.
Response: Non-U.S. vessels are already prohibited by law from
landing toothfish at U.S. ports (Nicholson Act, 46 U.S.C. 251-252).
Therefore, NMFS does not believe that this issue needs to be addressed
in this rulemaking. In addition, under the provisions at
Sec. 300.107(c)(2), all offloadings of toothfish by U.S. harvesting
vessels must be accompanied by a DCD, and the provisions at
Sec. 300.107(c)(3) require a DCD for transshipment of toothfish as
well. Sec. 300.107 (c)(5) requires a DCD for the importation of
toothfish regardless of the nationality of the vessel that brought it
to port.
Comment 5: One commenter said that the rule will not prevent all
shipments of toothfish accompanied by incomplete DCDs from entering
into the customs territory of the United States because it requires
merely that each shipment of toothfish coming into the United States be
accompanied by a DCD.
Response: NMFS disagrees that this rule requires each shipment of
toothfish coming into the United States only to be accompanied by a
DCD. Each shipment of toothfish must be accompanied by a complete and
validated DCD as required under the CCAMLR catch documentation scheme.
The provision at Sec. 300.107 (c)(1)(ii) says ``No shipment of
Dissostichus species shall be released for entry into the United States
unless accompanied by a complete and validated CCAMLR DCD, except as
provided in paragraph (c)(7) of this subsection.''
Comment 6: One commenter said that CCAMLR/NMFS should consider
mandatory use of a vessel monitoring system (VMS) as a precautionary
measure in conjunction with the DCD by vessels offloading toothfish
into the United States.
Response: CCAMLR requires VMS on harvesting vessels of its
Contracting
[[Page 30015]]
Parties participating in some fisheries, but it does not have the legal
authority to require the use of VMS on harvesting vessels of non-
contracting parties. CCAMLR did not include VMS requirements within its
new toothfish catch documentation scheme. NMFS, therefore, did not
consider the alternative of including a VMS requirement in the present
rulemaking.
Changes From the Proposed Rule
The two finfish species that are being added to the definition of
``Antarctic finfishes,'' Lepidonotothen kempi and Electrona carlsbergi,
were misspelled in the proposed rule. The spelling has been corrected.
The definition of ``Dissostichus catch document (DCD)'' has been
corrected to delete the reference to vessels authorized to transship
Dissostichus species because DCDs are not issued to transshipment
vessels.
The definition of ``transship'' has been clarified to mean the
transfer of fish or fish products from one vessel to another.
In Sec. 300.107, paragraph (c) on catch documentation has been
reformatted to improve readability.
In Sec. 300.112, paragraph (k) has been clarified to apply to any
U.S. flagged vessel that receives or attempts to receive Dissostichus
species from a harvesting vessel at sea rather than any vessel subject
to the jurisdiction of the United States that engages or attempts to
engage in this activity.
In Sec. 300.115, paragraph (b) is revised and paragraphs (q) and
(r) have been added to enhance enforceability and clarify usage.
Throughout, reference to ``the customs territory of the United
States'' has been changed to ``the United States'' to comport with the
definition of ``import'' under the Act.
NMFS is not implementing the provisions contained in Sec. 300.116
of the proposed rule at this time due to unresolved enforcement issues.
NMFS will rely on existing statutory and regulatory authorities on a
case-by-case basis when addressing any resources denied entry.
Classification
The Assistant Administrator for Fisheries (AA), NMFS, determined
that this final rule is necessary for the conservation and management
of Antarctic marine living resources and is consistent with the
Antarctic Marine Living Resources Convention Act of 1984, and other
applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration when this rule was proposed that this rule would not
have a significant economic impact on a substantial number of small
entities. No comments were received regarding this certification or the
EA/RIR/RFA and the basis for this certification has not changed.
Impacts were considered in the EA/RIR/RFA (see ADDRESSES).
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 rule contains a collection-of-information requirement subject
to the PRA. OMB has approved this collection-of-information requirement
under OMB control number 0648-0194. The estimated burden for dealer
permits to import is 30 minutes per occurrence. The estimated burden
for applying for a dealer permit to re-export Dissostichus species is
30 minutes per occurrence, and the application for a harvest permit
authorizing transshipment is estimated to take 12 minutes per
occurrence. Completion and submission of an import ticket is estimated
to take no more than 15 minutes per occurrence. The estimated burden
for completion and submission of DCDs is 3 minutes for each submission
by importers, 10 minutes for each submission by re-exporters, and 15
minutes for each submission by harvesting vessels and transshipers. The
logbook requirement in Sec. 300.107(a) is not subject to the PRA
because it is a requirement imposed by an international organization
rather than by NMFS.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing this
burden, to NMFS and to OMB (see ADDRESSES).
Because the implementation of CCAMLR DCD program becomes an
obligation of the United States and other CCAMLR members on May 7,
2000, there is good cause to waive the 30-day delay in effectiveness
for this rule under 5 U.S.C. 553 (d)(3). To fulfill its international
obligations under CCAMLR, the United States must implement the DCD
scheme by May 7, 2000. Successful implementation is dependent upon
CCAMLR members implementing the scheme at the same time because the DCD
can only be issued by the flag State of the harvesting vessel. Although
U.S. vessels do not currently harvest toothfish, the United States is a
significant importer. Because of this, the success of the global DCD
scheme depends substantially on the United States implementing the
harvest tracking system as close to May 7, 2000, as possible, to avoid
confusion, to discourage trade in unlawfully harvested toothfish, and
to facilitate international trade in lawful shipments of toothfish. The
final rule provides a 60-day exception for toothfish harvested prior to
the effective date of the final rule. The rule must be in effect by May
7, 2000, or as soon as practicable thereafter, and any delay would be
contrary to the public interest and unnecessary.
List of Subjects in 50 CFR Part 300
Fisheries, Fishing, Fishing vessels, Foreign relations, Reporting
and recordkeeping requirements, Statistics, Treaties.
Dated: May 5, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 300, subpart
G, is amended as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart G--Antarctic Marine Living Resources
1. The authority citation for part 300, subpart G, continues to
read as follows:
Authority: 16 U.S.C. 2431 et seq.
2. In Sec. 300.101, the definition of ``Antarctic finfishes'' is
amended by adding an entry in the table for ``Striped-eyed rockcod''
immediately following the existing entry for ``Grey Rockcod'' and two
others for ``Antarctic toothfish'' and ``Lanternfish'' immediately
following the existing entry for ``Patagonian toothfish.'' The
definition of ``Antarctic marine living resources or AMLR(s)'' is
revised, and the definitions for ``Dealer'', Dissostichus catch
document (DCD)'', ``Dissostichus species'' and ``Transship'' are added
in alphabetical order to read as follows:
Sec. 300.101 Definitions.
* * * * *
Antarctic finfishes include the following:
[[Page 30016]]
------------------------------------------------------------------------
Scientific name Common name
------------------------------------------------------------------------
* * * * * * *
Lepido notothen kempi..................... Striped-eyed rockcod.
* * * * * * *
Dissostichus mawsoni...................... Antarctic toothfish.
Electrona carlsbergi...................... Lanternfish.
* * * * * * *
------------------------------------------------------------------------
Antarctic marine living resources or AMLR(s) means:
(1) The populations of finfish, mollusks, crustaceans, and all
other species of living organisms, including birds, found south of the
Antarctic Convergence;
(2) All species of Dissostichus, wherever found; and
(3) All parts or products of those populations and species set
forth in paragraphs (1) and (2) of this definition.
* * * * *
Dealer means the person who first receives AMLRs from a harvesting
vessel or transshipment vessel or who imports AMLRs into, or re-exports
AMLRs from, the United States.
* * * * *
Dissostichus catch document (DCD) means the uniquely numbered catch
documentation form approved by the Commission and issued by a flag
state to its vessels authorized to harvest Dissostichus species.
Dissostichus species means Patagonian toothfish and/or Antarctic
toothfish and their parts or products.
* * * * *
Transship means the transfer of fish or fish products from one
vessel to another.
3. Section 300.107 is revised to read as follows:
Sec. 300.107 Reporting and recordkeeping requirements.
(a) Vessels. The operator of any vessel required to have a permit
under this subpart must:
(1) Accurately maintain on board the vessel a fishing logbook and
all other reports and records required by its permit;
(2) Make such reports and records available for inspection upon the
request of an authorized officer or CCAMLR inspector; and
(3) Within the time specified in the permit, submit a copy of such
reports and records to NMFS at an address designated by NMFS.
(b) Dealers. Dealers of AMLRs required to have a permit under this
subpart must:
(1) Accurately maintain all reports and records required by their
permits;
(2) Make such reports and records available for inspection upon the
request of an authorized officer or CCAMLR inspector; and
(3) Within the time specified in the permit, submit a copy of such
reports and records to NMFS at an address designated by NMFS.
(c) Catch documentation--(1) General. (i) The CCAMLR DCD must
accompany all shipments of Dissostichus species as required in this
subsection.
(ii) No shipment of Dissostichus species shall be released for
entry into the United States unless accompanied by a complete and
validated CCAMLR DCD, except as provided in paragraph (c)(7) of this
section.
(2) Harvesting vessels. (i) In addition to any harvesting permit or
authorization previously issued, a U.S. vessel harvesting or attenpting
to harvest Dissostichus species must possess a DCD issued by NMFS which
is non-transferrable. The master of the harvesting vessel must ensure
that the catch information specified on the DCD is accurately recorded.
(ii) Prior to offloading of Dissostichus species, the master of the
harvesting vessel must:
(A) electronically convey by the most rapid means possible catch
information to NMFS and record on the DCD a confirmation number
received from NMFS;
(B) Obtain on the DCD (or copies thereof) the signature(s) of the
following persons: if catch is offloaded for transshipment, the master
of the vessel(s) to which the catch is transferred; or if catch is
offloaded for landing, the signature of both the responsible
official(s) designated by NMFS in the harvesting permit, and the
dealer(s) that receives the catch at the port(s) of landing; and
(C) Sign the DCD (or copies thereof), electronically convey by the
most rapid means possible each copy to NMFS, and provide a copy to each
recipient of the catch.
(iii) The master of the harvesting vessel must submit the original
DCD (or all copies thereof with original signatures) to NMFS no later
than 30 days after the end of the fishing season as authorized for that
vessel on its harvesting permit.
(3) Transshipment vessels. (i) The master of a U.S. vessel issued a
permit to transship Dissostichus species must, upon receipt of
Dissostichus species, sign each DCD provided by the master of the
harvesting vessel.
(ii) Prior to landing Dissostichus species, the master of the
transshipping vessel must:
(A) Obtain on each DCD (or copies thereof) the signature(s) of both
the responsible official(s) designated by NMFS in the permit, and the
dealer(s) that receives the catch at the port(s) of landing and
(B) Sign each DCD (or copies thereof), and electronically convey by
the most rapid means possible each copy to NMFS and to the flag
state(s) of the harvesting vessel(s) and provide a copy to each dealer
receiving Dissostichus species.
(iii) The master of the transshipping vessel must submit all DCDs
with original signatures to NMFS no later than 30 days after offloading
and retain copies for a period of 2 years.
(4) Receivers upon landing. Any dealer who receives Dissostichus
species from a harvesting vessel or from a transshipment vessel must
sign the DCD(s) provided by the master of the vessel.
(5) Import. (i) Any dealer who imports Dissostichus species must:
(A) Obtain the DCD(s) that accompany the import shipment;
(B) Mail or fax the DCD(s) to NMFS within 24 hours of the release
from customs custody, and
(C) Retain a copy for his/her records and provide copies to
exporters as needed.
(ii) Dealers must retain at their place of business a copy of the
DCD for a period of 2 years from the date on the DCD.
(6) Re-export. (i) Any dealer who re-exports Dissostichus species
must complete a Dissostichus re-export document by indicating:
(A) The amount from the original DCD(s) that is exported in the
particular export shipment;
(B) The number of the original DCD(s);
(C) The name of the importer and point of import; and
(D) The exporter's name, address and permit number.
(ii) The dealer must then sign the re-export document and obtain
validation by a responsible official(s) designated by NMFS.
(iii) The original validated Dissostichus re-export document and
copies of the original DCD(s) must accompany the export shipment.
(iv) The dealer must retain a copy of the re-export document and
copies of the DCD(s)at his/her place of business for a period of 2
years from the date on the DCD.
[[Page 30017]]
(7) Exception. Dissostichus species harvested prior to the
effective date of this rule may be imported during the first 60 days
following the effective date of this rule, provided that the date of
the harvest(s) are corroborated on the dealer permit.
4. In Sec. 300.112, paragraph (k) is added to read as follows:
Sec. 300.112 Harvesting permits.
* * * * *
(k) Transshipment vessels. Any U.S. flagged vessel that receives or
attempts to receive Dissostichus species from a harvesting vessel at
sea, regardless of whether such transshipment occurs in waters under
the jurisdiction of CCAMLR, must obtain from NMFS a harvesting permit
authorizing transshipment. Transshipment vessels must comply with the
permitting provisions of this section with respect to harvesting
vessels.
5. Section 300.113 is revised to read as follows:
Sec. 300.113 Dealer permits.
(a) General. (1) A dealer must obtain an AMLRs dealer permit from
NMFS. Only those specific activities stipulated by the permit are
authorized for the permit holder.
(2) An AMLR may be imported into the United States if its harvest
has been authorized by a U.S.-issued individual permit or a harvesting
permit issued under Sec. 300.112 (a)(1) or its importation has been
authorized by a NMFS-issued dealer permit issued under paragraph (a) of
this section. AMLR's may not be released for entry into the United
States unless accompanied by the harvesting permit, the individual
permit, a NMFS-issued dealer permit, or a copy thereof.
(3) In addition to any applicable catch documentation required
under Sec. 300.107 (c)(1), the dealer is required to complete and
return to NMFS, no later than 24 hours after the date of the
importation, an import ticket reporting the importation. In no event
may a marine mammal be imported into the United States unless
authorized and accompanied by an import permit issued under the Marine
Mammal Protection Act and/or the Endangered Species Act.
(4) A dealer permit issued under this section does not authorize
the harvest or transshipment of any AMLR by or to a vessel of the
United States.
(b) Application. Application forms for AMLR dealer permits are
available from NMFS. A complete and accurate application must be
submitted for each permit at least 30 days before the anticipated date
of the first receipt, importation, or re-export.
(c) Issuance. NMFS may issue a dealer permit if it determines that
the activity proposed by the dealer meets the requirements of the Act
and that the resources were not or will not be harvested in violation
of any conservation measure in force with respect to the United States
or in violation of any regulation in this subpart.
(d) Duration. A permit issued under this section is valid from its
date of issuance to its date of expiration unless it is revoked or
suspended.
(e) Transfer. A permit issued under this section is not
transferable or assignable.
(f) Changes in information-(1) Pending applications. Applicants for
permits under this section must report in writing to NMFS any change in
the information submitted in their permit applications. The processing
period for the application will be extended as necessary to review and
consider the change.
(2) Issued permits. Any entity issued a permit under this section
must report in writing to NMFS any changes in previously submitted
information. Any changes that would not result in a change in the
receipt or importation authorized by the permit must be reported on the
import ticket required to be submitted to NMFS no later than 24 hours
after the date of receipt or importation. Any changes that would result
in a change in the receipt or importation authorized by the permit,
i.e., harvesting vessel or country of origin, type and quantity of the
resource to be received or imported, and Convention statistical subarea
from which the resource was harvested must be proposed in writing to
NMFS and may not be undertaken unless authorized by NMFS through
issuance of a revised or new permit.
(g) Revision, suspension, or revocation. A permit issued under this
section may be revised, suspended, or revoked, based upon a violation
of the permit, the Act, or this subpart. Failure to report a change in
the information contained in a permit application voids the application
or permit, as applicable. Title 15 CFR part 904 governs permit
sanctions under this subpart.
6. In Sec. 300.115, paragraph (b) is revised and paragraphs (q) and
(r) are added to read as follows:
Sec. 300.115 Prohibitions.
* * * * *
(b) Import into or export from the United States any AMLRs taken by
vessels without a permit to harvest those resources as required by
Sec. 300.112 (a)(1), or without applicable catch documentation as
required by Sec. 300.107 (c)(1), or without a dealer permit as required
by Sec. 300.113 (a)(1), or in violation of the terms and conditions for
such import or export as specified on the permit.
* * * * *
(q) Provide incomplete or inaccurate information about the harvest,
transshipment, landing, import or re-export of applicable species on
any document required under this subpart.
(r) Receive AMLRs from a vessel without a dealer or harvesting
permit issued under this subpart.
7. In Sec. 300.116, paragraph (d) is added and reserved to read as
follows:
Sec. 300.116 Facilitation of enforcement and inspection.
* * * * *
(d) Disposition of resources denied entry. [Reserved]
[FR Doc. 00-11666 Filed 5-5-00; 2:01 pm]
BILLING CODE 3510-22-F