[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Rules and Regulations]
[Pages 30145-30146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14594]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 970515116-8103-02; I.D. 030598C]
RIN 0648-AJ94


Antarctic Marine Living Resources Convention Act of 1984; 
Conservation and Management Measures

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

ACTION: Final regulatory notice.

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SUMMARY: At its sixteenth meeting in Hobart, Tasmania, October 27 to 
November 7, 1997, the Commission for the Conservation of Antarctic 
Marine Living Resources (CCAMLR), of which the United States is a 
member, adopted conservation measures, pending members' approval, 
pertaining to fishing in the CCAMLR Convention Area in Antarctic 
waters. These measures were agreed upon in accordance with Article IX 
of the Convention for the Conservation of Antarctic Marine Living 
Resources. The measures restrict overall catches of certain species of 
fish, list the fishing seasons, continue previously adopted reporting 
requirements, and specify measures that must be taken to minimize the 
incidental taking of non-target species. The measures were announced by 
the Department of State by a preliminary notice in the Federal Register 
on February 3, 1998 (63 FR 5587-5598). Public comments were invited, 
but none were received. NMFS implements these measures by final 
regulatory notice, consistent with the framework process specified in 
the International Fisheries Regulations (50 CFR 300.111).

DATES: June 3, 1998 through June 3, 1999.

ADDRESSES: Copies of the CCAMLR measures and the framework 
environmental assessment may be obtained from the Assistant 
Administrator for Fisheries, NOAA, National Marine Fisheries Service, 
1315 East-West Highway, Silver Spring, MD 20910.


[[Page 30146]]


FOR FURTHER INFORMATION CONTACT: Robin Tuttle, 301-713-2282.

SUPPLEMENTARY INFORMATION: See 50 CFR Part 300, Subpart G - Antarctic 
Marine Living Resources, and the Department of State's preliminary 
notice at 63 FR 5587 (February 3, 1998). CCAMLR approved several 
fisheries as new or exploratory fisheries for the 1997/98 fishing 
season. These fisheries are limited total allowable catch fisheries, 
open only to the countries which notified CCAMLR of an interest by 
their fishers in the fisheries. The United States was not a notifying 
country, and, thus, U.S. fishers are not eligible to participate. The 
new fisheries are for: Dissotichus species in Statistical Subareas 
48.1, 48.2 and 88.3 by Chile; Dissotichus species in Statistical 
Subarea 48.6 by Norway; Dissotichus species in Statistical Subarea 48.6 
and Divisions 58.4.3 and 58.4.4 by South Africa; D. eleginoides in 
Statistical Division 58.4.4 by Ukraine; and Dissotichus species in 
Statistical Subarea 88.2 by New Zealand. The exploratory fisheries are 
for: M. hyadesi in Statistical Subarea 48.3 by Korea and the United 
Kingdom; Dissotichus species, using trawls, in Statistical Division 
58.4.3 by Australia; and Dissotichus species in Statistical Subareas 
58.6 and 58.7 outside exclusive economic zones by Russia, South Africa 
and Ukraine; and Dissotichus species in Statistical Subareas 88.1 by 
New Zealand.
    The measure for the minimization of the incidental mortality of 
seabirds in the course on longline fishing or longline fishing research 
in the Convention Area was amended to prohibit the dumping of offal 
from the vessel during the setting of longlines. The measure had 
previously indicated that dumping offal during setting should be 
avoided as far as possible.
    Participation in the Convention Area crab fishery continues to be 
limited to one vessel per Commission member. Applications for a crab 
permit must be received no later than 90 days prior to intended 
harvesting and will be considered in order of application. If there are 
multiple applicants, the one U.S. crab permit will be issued on the 
basis of: (1) order of receipt of applications; (2) criteria for 
harvesting permits appearing in 50 CFR 300.112; (3) willingness to 
participate in CCAMLR pilot programs; and (4) record of previous 
participation, if any, in the crab fishery.
    CCAMLR adopted three conservation measures and one resolution 
addressing illegal, unreported and unregulated fishing in the 
Convention Area. The first conservation measure, a ``Scheme to Promote 
Compliance by non-Contracting Party Vessels with CCAMLR Conservation 
Measures,'' is based upon a scheme adopted by the Northwest Atlantic 
Fisheries Organization restricting landings and transshipment by 
vessels concluded to be fishing in contravention of CCAMLR conservation 
measures. The second measure is a ``Requirement for Contracting Parties 
to License Their Flag Vessels in the Convention Area,'' and the third 
is a ``Prohibition of Directed Fishing for Dissotichus species, except 
in Accordance with Specific Conservation Measures.'' Directed fishing 
for Dissotichus species is prohibited in Statistical Subarea 48.5, and 
Divisions 58.4.1 and 58.4.2. from November 7, 1997, through November 6, 
1998.
    The resolution calls upon Members to endeavor to establish by 
November 6, 1998, an automated vessel monitoring system to monitor the 
position of its flag vessels licensed or permitted to harvest 
Patagonian toothfish or other marine living resources in the Convention 
Area for which catch limits, fishing seasons or area restrictions have 
been set. Current fishing for krill was excluded from the scope of the 
resolution at the insistence of Japan.
    The Standing Committee on Observation and Inspection agreed to 
study the feasibility and usefulness of a CCAMLR system to apply trade 
restrictive measures to non-Contracting Parties (NCP) identified by 
CCAMLR as undermining the effectiveness of its conservation measures 
through the activities of vessels flying NCP flags. To date, these have 
included vessels flagged by Panama, Vanuatu, Portugal, Belize, and 
Honduras. The starting point for study will be the tracking and trade 
restrictive measures adopted by the International Commission for the 
Conservation of Atlantic Tunas. In considering trade-related measures 
as a means of facilitating compliance, the Commission recommended that 
members (1) collect information related to the trade of Patagonian 
toothfish in order to better understand the international flows 
(including where it is landed, transhipped or imported and under what 
product names it is being marketed); and (2) provide that information 
to the Secretariat for distribution to members for consideration in 
advance of the next annual meeting of the Commission.
    Implementing the requirements to (1) restrict landings and 
transshipment by non-Contracting parties engaged in activities which 
undermine the effectiveness of CCAMLR conservation measures and to (2) 
report import data will require coordination among NMFS, Department of 
State, Coast Guard, Customs, and the International Trade Commission 
(ITC). Coordination with Customs and ITC are underway to secure 
harmonized tariff code designations for Patagonian toothfish. The 
United States already requires its vessels fishing on the high seas to 
hold a High Seas Fishing Vessel License and fishers in the CCAMLR 
Convention Area to hold a NMFS CCAMLR permit.

Classification

    NMFS has determined that this regulatory notice is necessary to 
implement the Antarctic Marine Living Resources Convention Act of 1984 
and to give effect to the management measures adopted by CCAMLR and 
agreed to by the United States.
    This notice has been determined to be not significant for purposes 
for E.O. 12866. It is exempt from 5 U.S.C. 553, because it involves a 
foreign affairs function of the United States. Because prior notice and 
opportunity for public comment are not required for this rule by 5 
U.S.C. 553, or any other law, the analytical requirements of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any 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. This rule 
refers to a collection-of-information that is subject to the Paperwork 
Reduction Act and has been approved by OMB under OMB control number 
648-0194.

    Authority: 16 U.S.C. 2431 et seq.

    Dated: May 27, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-14594 Filed 6-2-98; 8:45 am]
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