[Federal Register Volume 59, Number 49 (Monday, March 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5847]


[[Page Unknown]]

[Federal Register: March 14, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 380

[Docket Number 940251-4051 I.D. 110193C]
RIN 0648-AF51

 

Antarctic Marine Living Marine Resources Convention Act of 1984

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 harvesting of 
Antarctic marine living resources and/or other associated activities by 
persons subject to jurisdiction of the United States by adding 
regulations for the protection of land-based ecosystem monitoring sites 
designated within Convention for the Conservation of Antarctic Living 
Marine Resources (CCAMLR) waters. The regulations implement 
conservation and management measures promulgated by the Commission for 
the Conservation of Antarctic Marine Living Resources (Commission) and 
accepted in whole by the Government of the United States to regulate 
activities within Convention waters. The Commission, at its ninth 
meeting in 1990, established a procedure for protecting sites within 
the CCAMLR Ecosystem Monitoring Program (CEMP). Long-term 
investigations of selected sites within CEMP will be conducted to 
monitor changes in the ecosystem. The Commission determined that these 
sites are in need of the status of ``Specially Protected Sites'' 
similar to the program established under the Antarctic Treaty. The 
intent of these regulations is to implement the agreed to procedures 
for CEMP.

EFFECTIVE DATE: March 14, 1994.

ADDRESSES: A copy of the framework environmental assessment may be 
obtained from the Assistant Administrator for Fisheries, National 
Marine Fisheries Service, 1335 East-West Highway, Silver Spring, MD 
20910.
    Comments regarding burden estimates or collection of information 
aspects of this rule should be sent to Thomas J. McIntyre, National 
Marine Fisheries Service, 1315 East-West Highway, room 13225, Silver 
Spring, MD 20910-3233, and to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, Washington, DC 20503, 
Attention Paperwork Reduction Act Project 0648-0194.

FOR FURTHER INFORMATION CONTACT: Thomas J. McIntyre (NMFS Protected 
Resources Management Division), 301-713-2319.

SUPPLEMENTARY INFORMATION:

Background

    At its ninth annual meeting in Hobart, Tasmania, Australia, in 
1990, the Commission, of which the United States is a member, adopted 
detailed procedures for according protection to sites within the CEMP. 
This protection, extended pursuant to site-specific management plans, 
is intended to prevent adverse impacts to these sites resulting from 
certain forms of human activities. Once approved, management plans will 
be reviewed every 5 years to determine whether they require revision 
and whether continued protection is necessary. Section 307 of the 
Antarctic Living Marine Resources Convention Act of 1984 (the Act) 
states that the Secretary of Commerce, after consultation with the 
heads of appropriate agencies, shall promulgate such regulations as are 
necessary to implement the provisions of the Act and the Conservation 
Measures adopted by the Commission. This notice adds regulatory text 
for previously reserved Sec. 380.28 of 50 CFR part 380 to implement 
CEMP procedures and the Commission's approved CEMP management plans. 
One part of the section requires individuals seeking permits in order 
to enter a CEMP site to apply either to NMFS or the National Science 
Foundation (NSF) as follows:
    A. If the CEMP protected site is not also a site specially 
protected under the Antarctic Treaty, or the Protocol on Environmental 
Protection to the Antarctic Treaty, the individual must apply to NMFS 
for a CEMP entry permit.
    B. If the CEMP protected site is also a site specially protected 
under the Antarctic Treaty or the Protocol on Environmental Protection 
to the Antarctic Treaty, and, thus, a site requiring a permit under the 
Antarctic Conservation Act (ACA) (and any superseding legislation), the 
individual must apply to NSF for a single CEMP/ACA permit.

Classification

    The Secretary of Commerce has determined that this rule is 
necessary to implement the Act and to give effect to the conservation 
and management measures adopted by the Commission and agreed to by the 
United States.
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act. The collection of information has been 
approved by the Office of Management and Budget (OMB Approval Number 
0648-0194).
    The annual reporting burden for this collection of information is 
estimated to average 1 hour per application, and one half hour for 
preparation of a final report on the permitted activities. All 
reporting burden estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed and completing and reviewing the collection of information. Send 
comments regarding this burden estimate or any other aspect of this 
collection of information, including suggestions for reducing this 
burden, to Thomas J. McIntyre, National Marine Fisheries Service, and 
to the Office of Information and Regulatory Affairs, Office of 
Management and Budget (see ADDRESSES). This rule is exempt from review 
under E. O. 12866.

List of Subjects in 50 CFR Part 380

    Antarctic, Fish and wildlife, Reporting and recordkeeping 
requirements.

    Dated: March 6, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 380 is amended 
as follows:

PART 380--ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT OF 1984

    1. The authority citation for part 380 continues to read as 
follows:

    Authority: 16 U.S.C. 2431 et seq.

    2. Section 380.2 is amended by adding a definition for CEMP Entry 
Permit, in alphabetical order, to read as follows:


Sec. 380.2  Definitions.

* * * * *
    CEMP entry permit (CEMP permit) means a permit issued under 50 CFR 
380.28 by the Assistant Administrator to a person subject to the 
jurisdiction of the United States authorizing the person to enter 
specially protected sites designated under the authority of the 
Convention Ecosystem Monitoring Program (CEMP) established by the 
Commission in accordance with the terms and conditions of the CEMP 
Management Plan for the specific site and the terms and conditions 
contained in the permit.
* * * * *
    3. Section 380.28 is amended by adding text to read as follows:


Sec. 380.28  Procedure for according protection to CCAMLR Ecosystem 
Monitoring Program Sites.

    (a) General. (1) Any person subject to the jurisdiction of the 
United States must apply for and be granted an entry permit authorizing 
specific activities prior to entering a CCAMLR Ecosystem Monitoring 
Program (CEMP) Protected Site designated in accordance with the CCAMLR 
Conservation Measure describing the Procedures for According Protection 
for CEMP Sites.
    (2) If a CEMP Protected Site is also a site specially protected 
under the Antarctic Treaty (or the Protocol on Environmental Protection 
to the Antarctic Treaty and its Annexes, when it enters into force), an 
applicant seeking to enter such a Protected Site must apply to the 
Director of the National Science Foundation (NSF) for a permit under 
applicable provisions of the Antarctic Conservation Act of 1978 
(ACA)(16 U.S.C. 2401 et seq.) or any superseding legislation. The 
permit granted by NSF shall constitute a joint CEMP/ACA Protected Site 
permit and any person holding such a permit must comply with the 
appropriate CEMP Protected Site Management Plan. In all other cases, an 
applicant seeking a permit to enter a CEMP Protected Site must apply to 
the Assistant Administrator for a CEMP permit in accordance with the 
provisions of this section.
    (b) Responsibility of CEMP permit holders and persons designated as 
agents under a CEMP permit. (1) The CEMP permit holder and person 
designated as agents under a CEMP permit are jointly and severally 
responsible for compliance with the Act, this part, and any permit 
issued under this part.
    (2) The CEMP permit holder and agents designated under a CEMP 
permit are responsible for the acts of their employees and agents 
constituting violations, regardless of whether the specific acts were 
authorized or forbidden by the CEMP permit holder or agents, and 
regardless of knowledge concerning their occurrence.
    (c) Prohibitions regarding the Antarctic Treaty System and other 
applicable treaties and statutes. Holders of permits to enter CEMP 
Protected Sites are not permitted to undertake any activities within a 
CEMP Protected Site that are not in compliance with the provisions of:
    (1) The Antarctic Treaty, including the Agreed Measures for the 
Conservation of Antarctic Fauna and Flora (including the Protocol on 
the Environmental Protection to the Antarctic Treaty and its Annexes 
when it enters into force), as implemented under by the ACA and any 
superseding legislation. (Persons interested in conducting activities 
subject to the Antarctic Treaty or the Protocol should contact the 
Office of Polar Programs, National Science Foundation, 4201 Wilson 
Boulevard, Arlington, VA 22230);
    (2) The Convention for the Conservation of Antarctic Seals; and
    (3) The Convention and its Conservation Measures in force, 
implemented under the Act.
    (d) Prohibitions on takings. Permits issued under this section do 
not authorize any takings as defined in the applicable statutes 
governing the activities of persons in Antarctica. These CEMP permits 
specifically do not authorize takings or harvesting native birds, 
mammals and plants under:
    (1) The ACA (administered by the NSF), 45 CFR part 670, which 
regulates all activities under the Antarctic Treaty south of 60  deg.S. 
lat. in Antarctica, and any superseding statute;
    (2) The Act, 50 CFR part 380;
    (3) The Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), 50 
CFR part 216;
    (4) The Endangered Species Act (16 U.S.C. 1531 et seq.), 50 CFR 
part 222; and
    (5) The Migratory Bird Treaty Act (16 U.S.C. 701 et seq.), 50 CFR 
part 10.
    (e) Issuance criteria. Permits designated in this section may be 
issued by the Assistant Administrator upon a determination that:
    (1) The specific activities meet the requirements of the Act;
    (2) There is sufficient reason, established in the permit 
application, that the scientific purpose for the intended entry cannot 
be served elsewhere; and
    (3) The actions permitted will not violate any provisions or 
prohibitions of the Protected Site's Management Plan submitted in 
compliance with the CCAMLR Conservation Measure describing the 
Procedures for According Protection to CEMP Sites.
    (f) Application process. An applicant seeking a CEMP permit from 
the Assistant Administrator to enter a CEMP Protected Site shall 
include the following in the application:
    (1) A detailed justification that the scientific objectives of the 
applicant cannot be accomplished elsewhere and a description of how 
said objectives will be accomplished within the terms of the Protected 
Site's Management Plan; and
    (2) A statement signed by the applicant that the applicant has read 
and fully understands the provisions and prohibitions of the Protected 
Site's Management Plan. Prospective applicants may obtain copies of the 
relevant Management Plans and the CCAMLR Conservation Measure 
describing the Procedures for According Protection to CEMP Sites by 
requesting them from the Assistant Administrator.
    (g) Conditions. CEMP permits issued under this section will contain 
special and general conditions including a condition that the permit 
holder shall submit a report describing the activities conducted under 
the permit within 30 days of the expiration of the CEMP permit.
    (h) Duration. Permits issued under this section are valid for a 
period of 1 year. Applicants requesting a permit to reenter a Protected 
Site must include the report required by the general condition in the 
previously issued CEMP permit describing the activities conducted under 
authority of that permit.
    (i) Transfer. CEMP permits are not transferable or assignable. A 
CEMP permit is valid only for the person to whom it is issued.
    (j) Modification. (1) CEMP permits can be modified by submitting a 
request to the Assistant Administrator. Such requests shall specify:
    (i) The action proposed to be taken along with a summary of the 
reasons therefore; and
    (ii) The steps that the permit holder may take to demonstrate or 
achieve compliance with all lawful requirements. If a requested 
modification is not in compliance within the terms of the Protected 
Site's Management Plan, the Assistant Administrator will treat the 
requested modification as an application for a new CEMP permit and so 
notify the holder. Modifications will be acted upon within 30 days of 
receipt. The CEMP permit holder must report to the Assistant 
Administrator any change in previously submitted information within 10 
days of the change.
    (2) Additional conditions and restrictions. The Assistant 
Administrator may revise the CEMP permit effective upon notification of 
the permit holder, to impose additional conditions and restrictions as 
necessary to achieve the purposes of the Convention, the Act and the 
CEMP Management Plan. The CEMP permit holder must, as soon as possible, 
notify any and all agents operating under the permit of any and all 
revisions or modifications to the permit.
    (k) Revocation or suspension. CEMP permits may be revoked or 
suspended based upon information received by the Assistant 
Administrator and such revocation or suspension shall be effective upon 
notification to the permit holder.
    (1) A CEMP permit may be revoked or suspended based on a violation 
of the permit, the Act or this part.
    (2) Failure to report a change in the information submitted in an 
CEMP permit application within 10 days of the change is a violation of 
this part and voids the application or permit, as applicable. 15 CFR 
part 904 governs permit sanctions under this part.
    (l) Exceptions. No entry into a Protected Site described in this 
section shall be unlawful if committed under emergency conditions to 
prevent the loss of human life, compromise human safety, prevent the 
loss of vessels or aircraft or to prevent environmental damage.
    (m) Protected sites. (1) Sites protected by the Antarctic Treaty 
and regulated by the ACA are listed at 45 CFR part 670 subparts G and 
H.
    (2) The following site has been identified as a CEMP Protected Site 
subject to the regulatory authority of the Act:
    (i) Seal Islands, South Shetland Islands--The Seal Islands are 
composed of islands and skerries located approximately 7 km north of 
the northwest corner of Elephant Island, South Shetland Islands. The 
Seal Islands CEMP Protected Site includes the entire Seal Islands 
group, which is defined as Seal Island plus any land or rocks exposed 
at mean low tide within a distance of 5.5 km of the point of highest 
elevation on Seal Island. Seal Island is situated at 60 deg.59'14'' S. 
lat., 055 deg.23'04'' W. long.
    (ii) [Reserved]

[FR Doc. 94-5847 Filed 3-11-94; 8:45 am]
BILLING CODE 3510-22-P