[Federal Register Volume 64, Number 122 (Friday, June 25, 1999)]
[Notices]
[Pages 34217-34218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16205]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[Docket No. 990514132-9132-01; I.D. 032999A]


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 Italy as a 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 19, 1999. 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 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.

DATES: Effective March 19, 1999.

FOR FURTHER INFORMATION CONTACT: Cathy L. Eisele, Fishery Biologist; 
telephone: 301-713-2322, or fax: 301-713-4060; 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 5, 1999, 
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 19, 1999, 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 22, 1999.
    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

[[Page 34218]]

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 being reminded that, as 
has been in effect since May 29, 1996 (61 FR 18722), 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. As required by 50 CFR 216.24(e)(2), the Fisheries Certificate of 
Origin (NOAA Form 370) 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.
    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. The collection of 
information required by the Fisheries Certificate of Origin (NOAA Form 
370) has been approved by the Office of Management and Budget (OMB) 
under OMB control number 0648-0040.

    Dated: June 16, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-16205 Filed 6-24-99; 8:45 am]
BILLING CODE 3510-22-F