[Federal Register Volume 59, Number 234 (Wednesday, December 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30081]


[[Page Unknown]]

[Federal Register: December 7, 1994]


  

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 941107-4307; I.D. 040494E]

 

Taking and Importing of Marine Mammals; Yellowfin Tuna Imports

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

ACTION: Final rule.

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SUMMARY: NMFS is amending the regulations governing ``intermediary 
nation'' embargoes under the Marine Mammal Protection Act (MMPA) by 
removing the regulatory definition of ``intermediary nation,'' which 
was inconsistent with a new statutory definition and by incorporating 
the language of the statutory definition into the applicable regulatory 
text. This amendment is necessary to bring the regulations into 
conformance with a recent amendment to the MMPA.

EFFECTIVE DATE: December 7, 1994.

FOR FURTHER INFORMATION CONTACT: Wanda L. Cain, Office of Protected 
Resources (F/PR2), NMFS, 301-713-2055.

SUPPLEMENTARY INFORMATION:

Background

    The MMPA requires the Secretary to prohibit the importation into 
the United States of any fish harvested with commercial fishing 
technology that results in the incidental kill of ocean mammals in 
excess of U.S. standards. In the case of yellowfin tuna harvested with 
purse seine nets in the eastern tropical Pacific Ocean, the MMPA 
prohibits the importation directly from harvesting nations that do not 
have an affirmative finding from NMFS that they have a comparable 
marine mammal protection program and mortality rate, as well as 
indirectly through intermediary nations. The MMPA defines an 
``intermediary nation'' as:

    a nation that exports yellowfin tuna or yellowfin tuna products 
to the United States and that imports yellowfin tuna or yellowfin 
tuna products that are subject to a direct ban on importation into 
the United States pursuant to section 101(a)(2)(B). (Pub. L. 102-
582, section 401(a)).

    Prior to the enactment of Public Law 102-582, which added the 
definition of ``intermediary nation'' to the MMPA, NMFS had promulgated 
a regulatory definition of the term in Sec. 216.3. However, that 
regulatory definition does not conform to the new statutory definition 
and, by this rule, is removed. The language of the statutory definition 
is incorporated by this rule into the applicable regulatory text in 
Sec. 216.24(e)(5)(xiv).
    In addition, this rule relocates to Sec. 216.24(e)(5)(xiv) 
provisions pertaining to reasonable certification and proof, 
transhipments, and revocation of intermediary nation findings, which 
were contained in the definition removed from Sec. 216.3, but which 
still remain applicable.

Classification

    This rule amends an existing regulation, without prescribing law or 
policy, in order to conform the definition of an ``intermediary 
nation'' to that contained in a statutory enactment. The Assistant 
Administrator finds under section 553(b)(B) of the Administrative 
Procedure Act (APA) that good cause exists to waive prior notice and 
opportunity for public comment on this rule in that they would serve no 
useful purpose. Further, in that this rule merely incorporates a 
statutory definition already in effect, good cause exists under section 
553(d)(3) of the APA to waive the 30-day delay in effectiveness.
    This 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: December 1, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, 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.


Sec. 216.3  [Amended]

    2. Sec. 216.3, the definition of ``Intermediary nation'' is 
removed.
    3. In Sec. 216.24, paragraph (e)(5)(xiv) is revised to read as 
follows:


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

* * * * *
    (e) * * *
    (5) * * *
    (xiv) Intermediary nation. Any yellowfin tuna or yellowfin tuna 
products in the classifications listed in paragraph (e)(2)(i) of this 
section, from any intermediary nation, as that term is defined in 
section 3 of the MMPA, may not be imported into the United States 
unless the Assistant Administrator determines and publishes in the 
Federal Register that the intermediary nation has provided reasonable 
proof and has certified to the United States that it has not imported, 
in the preceding 6 months, yellowfin tuna or yellowfin tuna products 
that are subject to a ban on direct importation into the United States 
under section 101(a)(2)(B) of the MMPA. A prohibition on imports under 
this paragraph may be lifted by the Assistant Administrator upon a 
determination announced in the Federal Register, based upon new 
information supplied by the government of the intermediary nation, that 
the nation has not imported, in the preceding 6 months, yellowfin tuna 
or yellowfin tuna products subject to a ban on direct imports under 
section 101(a)(2)(B) of the MMPA. Shipments of yellowfin tuna or 
yellowfin tuna products through a nation on a through bill of lading or 
in another manner that does not enter the shipments into that nation as 
an importation do not make that nation an intermediary nation. The 
Assistant Administrator shall act on any request to review decisions 
under this paragraph (e)(5)(xiv) that are accompanied by specific and 
detailed supporting information or documentation, within 30 days of 
receipt of such request. For purposes of this paragraph (e)(5)(xiv), 
certification and reasonable proof means the submission by a 
responsible government official from the nation of a document 
reflecting the nation's customs records for the preceding 6 months, 
together with a certificate attesting that the document is accurate.
* * * * *
[FR Doc. 94-30081 Filed 12-06-94; 8:45 am]
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