[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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