[Federal Register Volume 59, Number 66 (Wednesday, April 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8173]


[[Page Unknown]]

[Federal Register: April 6, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 930939-4035; I.D. 062993B]

 

Taking and Importing of Marine Mammals; Fisheries Certificate of 
Origin

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS amends its regulations to allow importers or brokers to 
file ``Fisheries Certificates of Origin,'' which are required for 
importation of certain fish and fish products, using the U.S Customs 
Service's Automated Broker Interface (ABI) system. The purpose of this 
amendment is to eliminate excess paperwork and minimize the reporting 
burden, while maintaining an efficient, accurate system to monitor the 
importation of the regulated fish and fish products.

EFFECTIVE DATE: This final rule is effective on May 6, 1994.

FOR FURTHER INFORMATION CONTACT: James Lecky, Chief, Protected Species 
Division, NMFS Southwest Region, 310-980-4000.

SUPPLEMENTARY INFORMATION:

Background

    NMFS has implemented the use of the NOAA Form 370 ``Fisheries 
Certificate of Origin'' (FCO) to monitor the importation of those fish 
and fish products specified by regulation to implement the Marine 
Mammal Protection Act (Pub. L. 100-711)(MMPA), the Dolphin Protection 
Consumer Information Act (Pub. L. 101-627, Title IX) (DPCIA), and the 
International Dolphin Conservation Act (Pub. L. 102-523)(IDCA). These 
laws reflect the policy of the U.S. Government to ameliorate a 
worldwide environmental crisis in which marine mammals and other marine 
life are killed by commercial fishing technology, such as large-scale 
driftnets and purse seine nets deployed to encircle dolphins. The FCO 
provides the U.S. Customs Service (USCS) a tool to monitor and deny 
entry of those fish products that are prohibited entry into the United 
States.
    NMFS published a proposed rule, with a request for comments, on 
November 18, 1993 (58 FR 60829), in the Federal Register to amend the 
regulations to allow importers or brokers to file the FCO using the 
USCS's Automated Broker Interface (ABI). Filing with the ABI would 
allow electronic filing of importation documentation without submission 
of the paper forms. There were no comments received on the proposed 
rule. The final rule is substantially identical to the proposed.
    This final rule advances USCS's long-range plan to automate the 
importation process with the goal of eliminating unnecessary paperwork. 
NMFS has requested, and USCS has agreed, to incorporate the FCO into 
the ABI system. USCS has agreed to collect the information and to make 
the information available to NMFS by electronic transfer. The ABI 
system for the FCO will not be ready until the second quarter of 1994. 
Many details still need to be worked out before initiating electronic 
filing of the FCO. Recognizing this, NMFS is structuring its 
regulations to accommodate both the existing paper system and the 
future electronic filing of the FCO. To facilitate the conversion to 
electronic filing, the final rule will permit electronic filing at any 
and all points of entry where the ABI system is or may become 
available. After the ABI system is implemented for the FCO, importers 
will have the option to file electronically or submit the paper FCO 
upon entry. If an importer is unable to participate in the electronic 
filing system, the paper FCO can still be used.
    Importers or their brokers will be required to maintain 
documentation to verify electronic entries for a period of 5 years 
after the entry. Any FCOs from foreign exporters, invoices, ``dolphin 
safe'' certification, and all other required documents must be 
maintained by the broker or importer. NMFS enforcement officers are 
allowed access to these documents, upon request, for routine 
inspections and when investigating alleged violations of the MMPA or 
``dolphin safe'' labeling violations.

Classification

    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act, 44 U.S.C. chapter 35. The collections-
of-information requirements found at Sec. 216.24(e)(3) have been 
approved by the Office of Management and Budget under control number 
0648-0040. The public reporting burden for filing the Certificate of 
Origin electronically is 24 minutes, and the recordkeeping requirement 
for maintaining the information is 5 minutes. Send comments regarding 
these burden estimates or any other aspect of the collection of 
information, including suggestions for reducing this burden to: 
Director, Southwest Region, NMFS (See ADDRESSES), and to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington DC 20503 (Attn: Paperwork Reduction Act Project). This rule 
is not subject to review under Executive Order 12866.

List of Subjects in 50 CFR Part 216

    Administrative practice and procedure, Imports, Indians, Marine 
mammals, Penalties, Reporting and recordkeeping requirements, 
Transportation.

    Dated: March 29, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.

    For the reasons set forth in the preamble, 50 CFR part 216 is 
amended as follows:

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 stated.

    2. Section 216.3 is amended by adding in alphabetical order a 
definition of ``ABI'', to read as follows:


Sec. 216.3  Definitions.

* * * * *
    ABI means Automated Broker Interface, the electronic product-entry 
filing system under the control of the U.S. Customs Service, Department 
of the Treasury.
* * * * *
    3. In Sec. 216.24, paragraph (e)(3)(i)(A)(1) is revised to read as 
follows:


Sec. 216.24  Taking and related acts incidental to commercial fishing 
operations.

* * * * *
    (e) * * *
    (3) * * *
    (i) * * *
    (A) * * *
    (1) Accompanied by a completed Fisheries Certificate of Origin 
described in paragraph (e)(3)(iii) of this section, or, for points of 
entry where the ABI system is available, the information required for 
the Certificate may be filed electronically by the ABI system in lieu 
of the paper form, provided that the electronic filing is made no later 
than at the time of entry and all documentation in support of the ABI 
entry is maintained by the importer or broker for not less than 5 years 
and is kept available for inspection by NMFS personnel upon request;
* * * * *
[FR Doc. 94-8173 Filed 4-5-94; 8:45 am]
BILLING CODE 3510-22-P