[Federal Register Volume 59, Number 134 (Thursday, July 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17066]


[[Page Unknown]]

[Federal Register: July 14, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 931056-4173; I.D. 092093D]
RIN 0648-AG07

 

Taking and Importing of Marine Mammals; Yellowfin Tuna Purse 
Seine Fishing

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to codify the definition of 
``import'' as used in the regulations restricting imports into the 
United States of yellowfin tuna and certain other fish and fish 
products for purposes of limiting mortality to marine mammals taken 
during commercial fishing operations. The definition clarifies that a 
fish importation occurs under the Marine Mammal Protection Act (MMPA), 
when fish or fish products are released for entry into a nation by that 
nation's customs authority, and not simply upon physical entry into its 
territory.

EFFECTIVE DATE: August 15, 1994.

FOR FURTHER INFORMATION CONTACT: LT Dana S. Wilkes, NOAA, (310) 980-
4000, FAX (310) 980-4047.

SUPPLEMENTARY INFORMATION:

Background

    The proposed rule (58 FR 59007, November 5, 1993) provided 
background as to why NMFS considers it useful to codify the definition 
of ``import''. The definition of ``import'' is relevant both to 
shipments into the United States, and to shipments from one foreign 
nation to another. Although previous regulations have not defined 
``import'', NMFS determined that tuna and tuna products that were 
transshipped through a nation without being released from the customs 
custody of that nation, would not be considered as having been imported 
by that nation. In other words, a fish or fish product is not 
``imported'' until it is released for entry by a nation's customs 
authorities.
    No comments were received on the proposed rule. Accordingly, it is 
adopted as final with only minor editorial changes.

Classification

    The General Counsel of the Department of Commerce certified to the 
Small Business Administration that this rule, if adopted, will not have 
a significant economic impact on a substantial number of small 
entities.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 216

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

    Dated: July 7, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.

    For the reasons set out 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 noted.
    2. In Sec. 216.3, a new definition of ``import'' is added in 
alphabetical order to read as follows:


Sec. 216.3  Definitions.

* * * * *
    Import means to land on, bring into, or introduce into, or attempt 
to land on, bring into, or introduce into, any place subject to the 
jurisdiction of the United States, whether or not such landing, 
bringing, or introduction constitutes an importation within the Customs 
laws of the United States; except that, for the purpose of any ban 
issued under 16 U.S.C. 1371(a)(2) on the importation of fish or fish 
products, the definition of ``import'' in Sec. 216.24(e)(1)(ii) shall 
apply.
* * * * *
    3. In Sec. 216.24, paragraph (e)(1) is redesignated as paragraph 
(e)(1)(i), and a new paragraph (e)(1)(ii) is added to read as follows:


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

* * * * *
    (e) * * *
    (1)(i) * * *
    (ii) For purposes of this paragraph (e), and in applying the 
definition of an ``intermediary nation'', an import occurs when the 
fish or fish product is released from a nation's Customs' custody and 
enters into the territory of the nation. For other purposes, ``import'' 
is defined in Sec. 216.3.
* * * * *
[FR Doc. 94-17066 Filed 7-13-94; 8:45 am]
BILLING CODE 3510-22-W