[Federal Register Volume 62, Number 137 (Thursday, July 17, 1997)]
[Proposed Rules]
[Pages 38246-38248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18783]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 630

[Docket No. 970702161-7161-01; I.D. 041097C]
RIN 0648-AJ93


Atlantic Highly Migratory Species Fisheries; Import Restrictions

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

ACTION: Proposed rule; public hearing; request for comments.

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SUMMARY: NMFS proposes to amend the regulations governing the Atlantic 
highly migratory species (HMS) fisheries to prohibit importation of 
Atlantic bluefin tuna (ABT) and its products in any form harvested by 
vessels of Panama, Honduras, and Belize. The proposed amendments are 
necessary to implement International Commission for the Conservation of 
Atlantic Tunas (ICCAT) recommendations designed to help achieve the 
conservation and management objectives for ABT fisheries. NMFS will 
hold a hearing to receive comments from fishery participants and other 
members of the public regarding these proposed amendments.

DATES: Comments are invited and must be received on or before August 4, 
1997. A public hearing will be held on July 29, 1997, from 1-3 p.m.

ADDRESSES: Comments on the proposed rule should be sent to Rebecca 
Lent, Chief, Highly Migratory Species Management Division, Office of 
Sustainable Fisheries (F/SF1), NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910-3282. The public hearing will be held at NOAA/NMFS, 
SSMCIV, 1305 East-West Highway, Room IW611, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347.

SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed 
under the authority of the Atlantic Tunas Convention Act (ATCA). 
Section 971d(c)(1) of ATCA authorizes the Secretary of Commerce 
(Secretary) to issue regulations as may be necessary to carry out the 
recommendations of ICCAT. The authority to issue regulations has been 
delegated from the Secretary to the Assistant Administrator for 
Fisheries, NOAA (AA).

Relation to Proposed Consolidation

    The regulatory amendments contained in this proposed rule were 
written to be consistent with a proposed rule consolidating all 
regulations pertaining to Atlantic HMS under 50 CFR part 630 (61 FR 
57361, November 6, 1996). A final rule consolidating the regulations 
has not yet been issued. The regulatory amendments contained in this 
proposed rule, if adopted, would be incorporated into the final 
consolidated regulations at 50 CFR part 630. Copies of the proposed 
consolidation rule may be obtained by writing (see ADDRESSES) or 
calling the contact person (see FOR FURTHER INFORMATION CONTACT).

Proposed Import Restrictions

    In order to conserve and manage ABT, ICCAT adopted two 
recommendations at its 1996 meeting requiring its Contracting Parties 
to take the appropriate measures to prohibit the import of ABT and its 
products in any form from Belize, Honduras, and Panama. With regard to 
the recommendation on Belize and Honduras, the effective date of import 
prohibition would be August 4, 1997, concurrent with the entry into 
force of the ICCAT recommendation. With respect to the recommendation 
on Panama, ICCAT determined that such import prohibition would begin 
January 1, 1998, unless ICCAT decides on the basis of documentary 
evidence, at its 1997 meeting or before, that Panama has brought its 
fishing practices for ABT into consistency with ICCAT conservation and 
management measures. The delay in implementation of trade restrictions 
for Panama recognizes Panama's expressed intent to rectify the improper 
fishing activities of its vessels.
    ICCAT has been concerned about the status of ABT for many years. 
The most recent scientific stock assessment shows that mid-year 
spawning biomass (age 8+) of the western management stock in 1995 was 
estimated to be 13 percent of the 1975 level (which is considered an 
appropriate proxy for the spawning stock biomass level corresponding to 
maximum sustainable yield (MSY)).

[[Page 38247]]

Eastern ABT is estimated to be at 19 percent of the level that would 
produce MSY.
    Over the years, ICCAT has adopted numerous conservation and 
management measures aimed at addressing the decline in this resource. 
These measures have included (1) catch limits and quotas; (2) time and 
area closures to protect spawning fish; (3) minimum sizes to protect 
juvenile fish; (4) the Bluefin Tuna Statistical Document (BSD) program 
to track the trade of bluefin tuna; (5) the Bluefin Tuna Action Plan 
Resolution that establishes a process to identify non-Contracting 
Parties whose vessels are fishing in a manner that diminishes the 
effectiveness of ICCAT's bluefin tuna conservation recommendations, and 
which, after giving identified countries an opportunity to rectify the 
activities of their vessels, can lead to a recommendation of trade 
measures; and (6) measures to enhance Contracting Party compliance with 
ICCAT's bluefin tuna quotas that can result in quota penalties and, 
ultimately, trade restrictions.
    In making recommendations at its 1996 meeting calling for import 
prohibitions, ICCAT took into account several factors. ICCAT noted the 
depleted status of ABT, the need for cooperation by non-Contracting 
Parties in the successful conservation of this resource and ICCAT's 
repeated efforts to gain this cooperation, non-Contracting Parties' 
harvests, and the sacrifices made by ICCAT Contracting Parties in 
efforts to conserve and manage this resource. ICCAT specifically 
recognized its repeated but generally unsuccessful efforts to encourage 
Belize, Honduras, and Panama to cooperate. These efforts included but 
were not limited to ICCAT's 1995 identification of these countries 
pursuant to the Bluefin Tuna Action Plan Resolution as nations whose 
vessels were fishing for bluefin tuna in a manner that diminishes the 
effectiveness of ICCAT's bluefin tuna conservation measures. 
Identification was based on trade data and vessel sighting information 
that indicated that vessels of Belize, Honduras, and Panama were 
fishing for bluefin tuna in the eastern Atlantic Ocean (in some cases 
on the Mediterranean spawning grounds during the closed season) but 
reporting no harvests to ICCAT.
    The 1995 identifications began a year of intensified efforts by 
ICCAT to obtain the cooperation of Belize, Honduras, and Panama. During 
that year, the three countries were notified that failure to rectify 
the fishing activities of their vessels could result in the imposition 
of trade-restrictive measures. Before the 1997 ICCAT meeting, Belize 
had not responded to any ICCAT requests, and Honduras had provided only 
a limited response. Panama, on the other hand, responded to ICCAT 
several times and indicated that it had adopted a national resolution 
designed to rectify the offending fishing activities of its vessels. At 
its 1996 meeting, however, ICCAT reviewed additional trade data, vessel 
sighting information, and port inspection information that indicated 
that vessels of Belize, Honduras, and Panama continued to fish for 
bluefin tuna, and ICCAT again determined that these fishing activities 
were undermining ICCAT conservation efforts.
    For the reasons stated above, and under authority of section 
971d(c)(1) of ATCA, the United States proposes to prohibit the import 
of ABT harvested by vessels of Belize, Honduras, and Panama and its 
products in any form. This action is consistent with the requirement 
under section 971d(c)(6) of ATCA that NMFS identify those nations whose 
fishing vessels are fishing, or have fished in the preceding calendar 
year, in a manner that diminishes the effectiveness of ICCAT 
conservation recommendations. The effective date for the proposed trade 
restrictions relating to Belize and Honduras would be August 4, 1997, 
the date the ICCAT recommendation enters into force. The effective date 
of import prohibition with respect to Panama would be January 1, 1998. 
Any ABT harvested by vessels of Panama, Honduras, and Belize and 
exported after these effective dates would be prohibited from entry 
into the customs territory of the United States.
    Under current regulations, all ABT shipments imported into the 
United States are required to be accompanied by a BSD. This document 
identifies the flag nation of the harvesting vessel of the ABT 
contained in the shipment and would be used to determine compliance 
with the regulation, if implemented. Using the BSD, U.S. Customs 
officials would deny entry of shipments of ABT harvested by vessels of 
Panama, Honduras, and Belize and exported after the effective dates of 
the trade restrictions. If this proposed rule is implemented, entry 
would not be denied for any shipment in transit prior to the effective 
date of trade restrictions.
    Upon determination by ICCAT that one or more of these parties 
(Panama, Honduras, and/or Belize) has brought its fishing practices 
into consistency with ICCAT conservation and management measures, the 
Secretary will publish an interim final rule in the Federal Register to 
remove import restrictions for the relevant party. In such case, ABT 
harvested by Panama, Honduras, and Belize and exported prior to the 
effective date of the removal of import restrictions would continue to 
be prohibited from entry.

Public Hearing

    NMFS will hold a public hearing to receive comments from fishery 
participants and other members of the public regarding these proposed 
amendments on July 29 from 1-3 p.m. (see ADDRESSES). This hearing will 
be physically accessible to people with disabilities. Requests for sign 
language interpretation or other auxiliary aids should be directed to 
Chris Rogers at (301) 713-2347 at least 5 days prior to the hearing 
date.

Classification

    This proposed rule is published under the authority of ATCA, (16 
U.S.C. 971 et seq).. Preliminarily, the AA has determined that the 
regulations contained in this proposed rule are necessary to implement 
the recommendations of ICCAT and are necessary for the conservation and 
management of the ABT fisheries.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief of Advocacy of the Small 
Business Administration that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities as follows:

    The proposed regulatory amendments are necessary to help achieve 
domestic and international conservation and management objectives. 
No bluefin tuna were imported by the United States from Belize, 
Honduras, or Panama during 1979-1996. It is unlikely that any U.S. 
importers, wholesalers, or freight forwarders have any dependence on 
bluefin tuna imports from these three countries. Therefore, it is 
concluded that these proposed amendments, considered separately or 
in aggregate, would not have a significant impact on a substantial 
number of small entities. Thus, a regulatory flexibility analysis is 
not required.

    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 (PRA) unless that collection of information 
displays a currently valid OMB Control Number.
    This proposed rule would not result in any new collections of 
information subject to the PRA because Bluefin Tuna Statistical 
Documents, approved under OMB Control Number 0648-0040, are currently 
required for U.S. imports of bluefin tuna and bluefin tuna products.

[[Page 38248]]

    This proposed rule has been determined not to be significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 630

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: July 11, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 630 as 
proposed to be amended at 61 FR 57363, November 6, 1996, is further 
proposed to be amended as follows:

PART 630--ATLANTIC HIGHLY MIGRATORY SPECIES

    1. The authority citation for part 630 continues to read as 
follows:

    Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.

    2. In Sec. 630.45, paragraph (d) is added to read as follows:


Sec. 630.45  Other import restrictions.

* * * * *
    (d) Atlantic bluefin tuna. (1) Effective August 4, 1997, all 
shipments of Atlantic bluefin tuna or Atlantic bluefin tuna products in 
any form harvested by a vessel of Honduras or Belize will be denied 
entry into the United States, unless a validated Bluefin Statistical 
Document required under Secs. 630.40 through 630.44, shows that a 
particular shipment of such bluefin tuna was exported prior to 
[effective date of final rule].
    (2) Effective January 1, 1998, all shipments of Atlantic bluefin 
tuna or Atlantic bluefin tuna products in any form harvested by a 
vessel of Panama will be denied entry into the United States, unless a 
validated Bluefin Statistical Document required under Secs. 630.40 
through 630.44, shows that a particular shipment of such bluefin tuna 
was exported prior to January 1, 1998.
[FR Doc. 97-18783 Filed 7-14-97; 9:03 am]
BILLING CODE 3510-22-F