[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Notices]
[Pages 18721-18722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10470]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 960409104-6104-01; I.D. 032596C]


Taking and Importing of Marine Mammals; Italy as a Large-Scale 
High Seas Driftnet Nation

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

ACTION: Identification of Large-Scale High Seas Driftnet Nation.

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SUMMARY: The U.S. Court of International Trade ordered the Secretary of 
Commerce to identify Italy as a country for which there is reason to 
believe its nationals or vessels conduct large-scale driftnet fishing 
beyond the exclusive economic zone of any nation. The Secretary did so 
on March 28, 1996. As a result, the President is required to enter into 
consultations with Italy within 30 days after the identification to 
obtain an agreement that will effect the immediate termination of high 
seas large-scale driftnetting by Italian vessels and nationals. If 
consultations with Italy are not satisfactorily concluded, the 
importation into the United States of fish, fish products, and 
sportfishing equipment from Italy will be prohibited under the High 
Seas Driftnet Fisheries Enforcement Act (HSDFEA). Further, the 
Secretary of the Treasury has been

[[Page 18722]]

directed to deny entry of Italian large-scale driftnet vessels to U.S. 
ports and navigable waters. In addition, pursuant to the Dolphin 
Protection Consumer Information Act (DPCIA), the importation of certain 
fish and fish products into the United States from Italy is prohibited, 
unless Italy certifies that such fish and fish products were not caught 
with large-scale driftnets anywhere on the high seas. This action 
furthers the U.S. policy to support a United Nations moratorium on high 
seas driftnet fishing, in part because of the harmful effects that such 
driftnets have on marine mammals, including dolphins.

EFFECTIVE DATES: Effective March 28, 1996, except for the documentation 
requirements of the DPCIA, which take effect on May 29, 1996.

FOR FURTHER INFORMATION CONTACT: Wanda L. Cain, Fishery Biologist; 
telephone: 301-713-2055, or fax: 301-713-0376; or Paul Niemeier, 
Foreign Affairs Specialist; telephone: 301-713-2276, or fax: 301-713-
2313.

SUPPLEMENTARY INFORMATION:
    The HSDFEA furthers the purposes of United Nations General Assembly 
Resolution 46/215, which called for a worldwide ban on large-scale high 
seas driftnet fishing beginning December 31, 1992. On March 18, 1996, 
the U.S. Court of International Trade ordered the Secretary of Commerce 
to identify Italy as a country for which there is reason to believe its 
nationals or vessels conduct large scale driftnet fishing beyond the 
exclusive economic zone of any nation, pursuant to the HSDFEA (16 
U.S.C. 1826a). On March 28, 1996, the Secretary notified the President 
that he had identified Italy as such a country. Italian officials were 
notified by the Department of State on March 29, 1996.
    Pursuant to the HSDFEA, a chain of actions is triggered once the 
Secretary of Commerce notifies Italy that it has been identified as a 
large-scale high seas driftnet nation. If the consultations with Italy, 
described in the Summary, are not satisfactorily concluded within 90 
days, the President must direct the Secretary of the Treasury to 
prohibit the importation into the United States of fish, fish products, 
and sport fishing equipment from Italy. The Secretary of the Treasury 
is required to implement such prohibitions within 45 days of the 
President's direction.
    If the above sanctions are insufficient to persuade Italy to cease 
large-scale high seas driftnet fishing within 6 months, or Italy 
retaliates against the United States during that time as a result of 
the sanctions, the Secretary of Commerce is required to certify this 
fact to the President. Such a certification is deemed to be a 
certification under section 8(a) of the Fishermen's Protective Act of 
1967 (22 U.S.C. 1978(a), also known as the Pelly Amendment). This 
authorizes the President to restrict imports of ``any products from the 
offending country for any duration'' to achieve compliance with the 
driftnet moratorium, so long as such action is consistent with U.S. 
obligations under the General Agreement on Tariffs and Trade.
    The DPCIA (16 U.S.C. 1371(a)(2)(E)) requires that an exporting 
nation whose fishing vessels engage in high seas driftnet fishing 
provide documentary evidence that certain fish or fish products it 
wishes to export to the United States were not harvested with a large-
scale driftnet on the high seas. Importers are hereby notified that, 
effective May 29, 1996, all shipments from Italy containing fish and 
fish products specified in regulations at 50 CFR 216.24(e)(2) are 
subject to the importation requirements of the DPCIA. This delayed-
effectiveness period allows shipments already in transit on March 28, 
1996, to clear Customs, and allows adequate time for the appropriate 
forms to be made available to Italian exporters. These forms include 
NOAA Form 370, Fisheries Certificate of Origin, required by 50 CFR 
216.24(e)(2). The Fisheries Certificate of Origin must accompany all 
imported shipments of an item with a Harmonized Tariff Schedule number 
for fish harvested by or imported from a large-scale driftnet nation. 
As part of those requirements, an official of the Government of Italy 
must certify that any such import does not contain fish harvested with 
large-scale driftnets anywhere on the high seas.
    Pursuant to the Paperwork Reduction Act, this collection of 
information has been approved by the Office of Management and Budget 
(OMB) under OMB Control No. 0648-0040. 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 unless that collection of information displays a currently valid 
OMB control number.

    Dated: April 22, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 96-10470 Filed 4-26-96; 8:45 am]
BILLING CODE 3510-22-F