[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Proposed Rules]
[Pages 71722-71723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33065]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 991210333-9333-01; I.D. 111099C]
RIN 0648-AN37


Dolphin-Safe Tuna Labeling; Official Mark

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement provisions of the International 
Dolphin Conservation Program Act (IDCPA) that pertain to the 
establishment of an official dolphin-safe mark. This rule proposes that 
mark. The Dolphin Protection Consumer Information Act (DPCIA), as 
amended by the IDCPA, requires the Secretary of Commerce to develop an 
official mark that may be used to label tuna products as ``dolphin-
safe.'' This rule will allow consumers to distinguish dolphin-safe tuna 
products using the official mark from non-dolphin-safe tuna products.

DATES: Comments on the proposed rule must be received on or before 
January 5, 2000.

ADDRESSES: Written comments should be sent to Christopher Fanning, 
NMFS, Southwest Region, Sustainable Fisheries Division, 501 West Ocean 
Blvd., Suite 4200, Long Beach, CA 90802-4213. Comments also may be sent 
via facsimile, to (562) 980-4047. NMFS will not accept comments sent by 
e-mail or via Internet. A full color version of the proposed official 
mark may be found at the NMFS Southwest Region website at http://
swr.ucsd.edu/.

FOR FURTHER INFORMATION CONTACT: Christopher Fanning, NMFS, Southwest 
Region, Sustainable Fisheries Division, (562) 980-4030 or J. Allison 
Routt, NMFS, Southwest Region, Protected Resources Division, (562) 980-
4020.

SUPPLEMENTARY INFORMATION:

Background

    The DPCIA, 16 U.S.C. 1385, as amended by the IDCPA, requires the 
Secretary of Commerce to develop an official mark that can be used to 
label tuna products as ``dolphin-safe.'' The IDCPA and the DPCIA became 
effective on March 3, 1999, when the Secretary of State certified to 
Congress that the Agreement on the International Dolphin Conservation 
Program had been adopted and was in force.

Official Mark

    As discussed in the proposed rule to implement the IDCPA (64 FR 
31806; June 14, 1999), the Secretary of Commerce considered the 
designation of a commonly used dolphin-safe logo as the official mark, 
but instead has decided to develop a unique logo as the official mark. 
This rule proposes a specific logo as the official mark.
    The DPCIA establishes dolphin-safe standards applicable to tuna 
products labeled with either the official mark or an alternative mark, 
(16 U.S.C. 1385(d)). The DPCIA does not mandate the use of the official 
mark nor does it prohibit the use of alternative marks. However, as set 
forth under paragraph (d)(3)(B) of the DPCIA, whenever a tuna product 
bears the official mark, it may not bear any other mark or label that 
refers to dolphins, porpoises, or marine mammals. The dolphin-safe 
labeling standards are set forth under 50 CFR 216.91 through 216.94. 
This proposed rule would codify the official mark at 50 CFR 216.96.

Public Comments Solicited

    NMFS is soliciting comments on this proposed rule, including the 
proposed official mark (see ADDRESSES).

Classification

Executive Order 12866

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

Regulatory Flexibility Act

    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for 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 since the IDCPA does not mandate the use of the official 
mark, and use of the official mark is discretionary. Thus there are no 
compliance costs associated with this proposed rule. As a result, a 
regulatory flexibility analysis was not prepared.

[[Page 71723]]

List of Subjects in 50 CFR Part 216

    Food Labeling, Marine mammals, Seafood.

    Dated: December 15, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 216 is 
proposed to be amended as follows:

PART 216-REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE 
MAMMALS

    1. The authority citation for part 216 continues to read as 
follows:

    Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.

    2. Section 216.96 is added to read as follows:


Sec. 216.96  Official mark for ``Dolphin-safe'' tuna products.

    (a) This is the ``official mark'' (see figure 1) designated by the 
United States Department of Commerce that may be used to label tuna 
products that meet the ``dolphin-safe'' standards set forth in the 
DPCIA, 16 U.S.C. 1385, and implementing regulations at 50 CFR 216.91 
through 216.94:
BILLING CODE 3510-22-F
[GRAPHIC] [TIFF OMITTED] TP22DE99.011


BILLING CODE 3510-22-C
    (b) Location and size of the official mark.
    The official mark on labels must allow the consumer to identify the 
official mark and be similar in design and scale to figure 1. A full 
color version of the official mark may be found at http://
swr.ucsd.edu/.
[FR Doc. 99-33065 Filed 12-21-99; 8:45 am]
BILLING CODE 3510-22-F