[Federal Register Volume 65, Number 49 (Monday, March 13, 2000)]
[Proposed Rules]
[Pages 13284-13288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5783]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No.000218046-0046-01; I.D. 121599F]
RIN 0648-AN42


Antarctic Marine Living Resources; Harvesting and Dealer Permits, 
and Catch Documentation

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 regulations to revise permit requirements for 
U.S. vessels harvesting, or transshipping catch of, Dissostichus 
eleginoides (Patagonian toothfish) and Dissostichus mawsoni (Antarctic 
toothfish) harvested in all waters, including those under the 
jurisdiction of the Commission for the Conservation of Antarctic Marine 
Living Resources (CCAMLR). These regulations would also govern U.S. 
receivers, importers and exporters of toothfish, wherever caught. 
Persons receiving, importing or re-exporting toothfish would be 
required to validate and submit Dissostichus Catch Documents to

[[Page 13285]]

NMFS. This rule is intended to implement U.S. obligations as a 
Contracting Party of CCAMLR and to conserve Antarctic and Patagonian 
toothfish by preventing or otherwise discouraging unlawful harvest and 
trade in these species.

DATES: Comments must be received no later than 5:00 p.m., eastern 
standard time, on April 7, 2000.

ADDRESSES: Comments on the proposed rule should be submitted to Dean 
Swanson, International Fisheries Division, Office of Sustainable 
Fisheries, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. For 
copies of the draft Environmental Assessment/Regulatory Impact Review/
Regulatory Flexibility Analysis (EA/RIR/RFA), call 301-713-2276 or 
write to Dean Swanson. Comments also may be sent via facsimile (fax) to 
301-713-2313. Comments will not be accepted if submitted via e-mail or 
Internet. Send comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule to Dean Swanson and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Washington, 
DC 20503 (Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Dean Swanson or Angela Somma at 301-
713-2276, fax: 301-713-2313.

SUPPLEMENTARY INFORMATION: The Antarctic fisheries are managed under 
the authority of the Antarctic Marine Living Resources Convention Act 
of 1984 (Act) codified at 16 U.S.C. 2431 et seq. NMFS implements CCAMLR 
conservation measures by regulations at 50 CFR part 300, subpart G. 
Changes to the existing regulations are necessary to incorporate new 
conservation measures and to revise procedures to facilitate 
enforcement.

Toothfish Catch Documentation

    Due to the scale of illegal, unregulated or unreported fishing for 
Patagonian toothfish (Dissostichus eleginoides) and Antarctic toothfish 
(Dissostichus mawsoni) in and beyond the Convention for the 
Conservation of Antarctic Marine Living Resources (Convention) waters, 
CCAMLR has adopted a number of conservation measures in the last 
several years. These measures have included flag state licensing of 
fishing vessels, catch quotas, vessel monitoring systems, port 
inspections of landings and transshipments, and identification of 
vessels and fishing gear.
    Despite increased inspections and sanctions in recent years, the 
amount of illegal, unregulated or unreported harvest of toothfish has 
been estimated at 90,000 metric tons, about twice the level of the 
CCAMLR regulated fisheries. Consequently CCAMLR adopted a catch 
documentation scheme for toothfish at its eighteenth regular meeting in 
November, 1999. (64 FR 71165, December 20, 1999). A copy of the 
proposed CCAMLR Dissostichus Catch Document (DCD) and of the CCAMLR 
Conservation Measure specifying the operation of the catch 
documentation scheme can be obtained from NMFS (see ADDRESSES).
    The purposes of the catch documentation scheme are to: monitor 
international trade; identify the origins of imports; determine if 
imports caught in the Convention Area were caught consistent with 
CCAMLR conservation measures; and gather catch data for stock 
assessment. The documentation scheme requires that CCAMLR Contracting 
Parties provide a uniquely numbered DCD to each vessel under its 
jurisdiction that is authorized to harvest toothfish. Upon completion 
of the document, each DCD accompanies the toothfish as it enters into 
commerce and/or international trade and documents the chain of custody. 
This proposed rule would provide a 60-day exception for toothfish 
harvested prior to the implementation of the DCD by NMFS.
    As specified in the CCAMLR conservation measure, a flag state would 
issue non-transferrable DCDs that are uniquely identified for a vessel. 
The master of the harvesting vessel would be required to record the 
catch information specified on the DCD and convey such catch 
information to the flag state prior to offloading to obtain a 
confirmation. Upon transshipment of Dissostichus species, the master of 
the harvesting vessel would be required to obtain the signature of the 
master of the vessel to which the catch is transferred. Upon landing 
Dissostichus species, the master of the harvesting vessel or the 
transshipment vessel would be required to obtain the signature of a 
responsible official and the individual that receives the catch at the 
port of landing. For U.S. vessels, the responsible official would be 
designated by NMFS in the harvesting permit. After signing the DCD, the 
master of the harvesting or transshipment vessel would be required to 
provide a copy to each recipient of the catch and to the flag state.
    Any person who exports Dissostichus species would be required to 
complete the DCD(s) by indicating the amount, by net weight, from the 
original offloading listed on that DCD that is exported in the 
particular shipment, the name of the importer and point of import, and 
the exporter's name, address and permit number. The exporter would then 
be required to sign the DCD and obtain validation by a government 
authority. The original DCD would be transmitted with the export 
shipment.
    Any person who imports Dissostichus species would be required to 
obtain the DCD(s) that accompany the import shipment and mail or fax 
the DCD(s) to NMFS. If Dissostichus species are re-exported, an 
exporter would be required to complete a re-export document by 
indicating the amount from the original DCD(s) that is re-exported in 
the particular export shipment, the number of the original DCD(s), the 
name of the importer and point of import, and the exporter's name, 
address and permit number. The exporter would then be required to sign 
the re-export document and obtain validation by an authority designated 
by NMFS. The original re-export document and copies of the original 
DCD(s) as applicable to that shipment would be transmitted with the 
export shipment.

Harvesting Permits

    To facilitate implementation of the Dissostichus catch 
documentation scheme, permit requirements would be revised to include 
transshipment vessels. Any vessel subject to the jurisdiction of the 
United States that receives or attempts to receive Dissostichus species 
from a harvesting vessel at sea would be required to obtain a permit 
from NMFS.

Dealer Permits

    NMFS would revise other permit requirements as well. The import 
permit requirements would be revised to require a dealer permit for 
either the import or re-export of Dissostichus species whether 
harvested within or outside of Convention waters. In addition, first 
receivers from vessels harvesting toothfish and re-exporters of 
Dissostichus would be required to obtain a permit and to maintain 
reports and records accurately and to make such reports and records 
available for inspection. NMFS is also adding Electorna carlsgeri and 
Lepidonothon kempi to the list of Antarctic living marine resource 
finish because they are managed by CCAMLR.

Classification

    This proposed rule is published under the authority of the 
Antarctic Marine Living Resources Convention Act of 1984, codified at 
16 U.S.C. 2431 et seq.
    NMFS prepared an EA/RIR/RFA for this proposed rule (see ADDRESSES).
    NMFS has concluded that this proposed rule to require permits and

[[Page 13286]]

catch documentation for the harvest and importation of certain 
Antarctic marine living resources (AMLRs) would not have a significant 
economic impact on a substantial number of small entities. The Chief 
Counsel for Regulation of the Department of Commerce has certified to 
the Chief Counsel for Advocacy of the Small Business Administration 
that this proposed rule would not have a significant economic impact on 
a substantial number of small entities. This proposed rule would 
prohibit the importation of toothfish unless accompanied by a DCD and 
would require vessel and dealer permits for the harvest and import of 
all AMLRs and for the transshipment and re-export of toothfish. This 
proposed rule entails only the application for permits and the 
collection, photocopying and submission of forms to NMFS. The principal 
burden would be the time required to fill out application forms, keep 
records, obtain certifications and submit DCDs and import tickets. 
Approximately 30 importers and up to 10 additional re-exporters will be 
affected. The required information is readily available to importers. 
Therefore, no incremental investments in information processing 
technologies would be needed. Accordingly, these proposed actions, 
considered separately or in aggregate, are not expected to have a 
significant economic impact and an initial regulatory flexibility 
analysis was not prepared. The EA/RIR/RFA further discusses the 
economic effects of the proposed rule.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The proposed action would revise existing and impose new reporting 
and record-keeping requirements on vessel operators, importers and 
exporters. Harvesting permits, dealer permits, catch documentation 
forms, and import tickets applicable to the ALMRs fisheries are subject 
to approval by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act (PRA). These requirements have been submitted 
to OMB for approval.
    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 PRA unless that collection of information displays a currently 
valid OMB control number.
    OMB has approved CCAMLR harvesting and import permits under 0648-
0194. Revisions to these requirements would require that transshipment 
vessels also obtain a permit and that a broader range of dealers be 
subject to the permit requirement. Under the proposed rule, the 
estimate of 30 minutes per occurrence for the dealer permit to import 
would not change. The application for a dealer permit to re-export is 
estimated to take 30 minutes per occurrence and the application for a 
harvest permit authorizing transshipment is estimated to take 12 
minutes per occurrence. Completion and submission of an import ticket 
is estimated to take no more than 15 minutes per occurrence.
    A new reporting and record-keeping requirement on vessel operators, 
importers and exporters would require that all harvesters, 
transshipers, importers and exporters obtain, validate and submit DCD 
forms to NMFS. It is estimated that completion and submission of DCDs 
would require three minutes for each submission by importers, ten 
minutes for each submission by re-exporters and fifteen minutes for 
each submission by harvesting vessels and transshipers. The logbook 
requirement in Sec. 300.107(a) is not subject to the PRA because it is 
a requirement imposed by an international organization rather than 
NMFS.
    Public comment is sought regarding whether these proposed new or 
revised collections-of-information are necessary for the proper 
performance of the functions of NMFS in meeting pending U.S. 
obligations to CCAMLR, including whether the information has practical 
utility; the accuracy of the burden estimates; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collection of information, including 
the use of automated collection techniques or other forms of 
information technology. Send comments on these or any other aspects of 
the collection of information to NMFS, Office of Sustainable Fisheries 
and OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 300

    Fisheries, Fishing, Fishing vessels, Foreign relations, Reporting 
and recordkeeping requirements, Statistics, Treaties.

    Dated: March 3, 2000.
Gary C. Matlock
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 300 subpart G 
is proposed to be amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

    Subpart G--Antarctic Marine Living Resources
    1. The authority citation for part 300, subpart G continues to read 
as follows:

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

    2. In Sec. 300.101, the definition of ``Antarctic finfishes'' is 
amended by adding entries in the table for ``Antarctic toothfish'' and 
``Lanternfish'' immediately following the existing entry for 
``Patagonian toothfish,'' and an entry for ``Striped-eyed rockcod'' 
immediately following the existing entry for ``Grey rockcod.'' The 
definition of ``Antarctic marine living resources or AMLR(s)'' is 
revised, and the definitions for ``Dealer'', ``Dissostichus catch 
document (DCD)'', ``Dissostichus species'' and ``Transship'' are added 
in alphabetical order to read as follows:


Sec. 300.101  Definitions.

* * * * *
    Antarctic finfishes include the following:

------------------------------------------------------------------------
              Scientific name                        Common name
------------------------------------------------------------------------
 
                  *        *        *        *        *
Lepidonothon kempi                          Striped-eyed rockcod
 
                  *        *        *        *        *
Dissostichus mawsoni                        Antarctic toothfish
Electrona carlsgergi                        Lanternfish
 
                  *        *        *        *        *
------------------------------------------------------------------------

* * * * *
    Antarctic marine living resources or AMLR(s) means the populations 
of finfish, mollusks, crustaceans, and all other species of living 
organisms, including birds, found south of the Antarctic Convergence, 
and with respect to all species of Dissostichus, wherever found, and 
their parts or products.
* * * * *
    Dealer means the person who first receives AMLRs from a harvesting 
vessel or transshipment vessel, or who imports AMLRs into, or re-
exports AMLRs from the customs territory of the United States.
* * * * *
    Dissostichus catch document (DCD) means the uniquely numbered catch 
documentation form approved by the Commission and issued by a flag 
state to its vessels authorized to harvest and/or transship 
Dissostichus species.
    Dissostichus species means Patagonian toothfish and/or Antarctic 
toothfish and their parts or products.
* * * * *

[[Page 13287]]

    Transship means offloading, onloading, otherwise transferring or 
transporting fish or fish products.
* * * * *
    3. Section 300.107 is revised to read as follows:


Sec. 300.107  Reporting and recordkeeping requirements.

    (a) Vessels. The operator of any vessel required to have a permit 
under this subpart must:
    (1) Accurately maintain on board the vessel a fishing logbook and 
all other reports and records required by its permit.
    (2) Make such reports and records available for inspection upon the 
request of an authorized officer or CCAMLR inspector.
    (3) Within the time specified in the permit, submit a copy of such 
reports and records to NMFS at an address designated by NMFS.
    (b) Dealers. Dealers of AMLRs required to have a permit under this 
subpart must:
    (1) Accurately maintain all reports and records required by its 
permit.
    (2) Make such reports and records available for inspection upon the 
request of an authorized officer or CCAMLR inspector.
    (3) Within the time specified in the permit, submit a copy of such 
reports and records to NMFS at an address designated by NMFS.
    (c) Catch documentation. No shipment of Dissostichus species shall 
be released for entry into the customs territory of the United States 
unless accompanied by a complete and validated CCAMLR DCD, except as 
provided in paragraph (c)(6) of this section. The CCAMLR DCD must 
accompany all shipments of Dissostichus species as follows:
    (1) Harvesting vessels. In addition to any harvesting permit or 
authorization previously issued, a U.S. vessel harvesting or attempting 
to harvest Dissostichus species must have been issued by NMFS a DCD 
that is uniquely identified for that vessel and is non-transferrable. 
The master of the harvesting vessel must ensure that the catch 
information specified on the DCD is accurately recorded. Prior to 
offloading the master must convey such catch information to NMFS by the 
most rapid electronic means possible, and must record on the DCD a 
confirmation number received from NMFS. Upon transshipment or landing 
Dissostichus species, the master of the harvesting vessel must obtain 
on the DCD, or copies thereof, either the signature(s) of the master of 
the vessel(s) to which the catch is transferred or the signature of a 
responsible official(s) designated by NMFS in the harvesting permit and 
the dealer(s) that receives the catch at the port(s) of landing. The 
master of the harvesting vessel shall sign the DCD, or copies thereof, 
convey each copy to NMFS by the most rapid electronic means possible, 
and provide a copy to each recipient of the catch. The master of the 
harvesting vessel must submit the original DCD, or copies thereof with 
original signatures by the master and recipient(s), to NMFS at an 
address designated by NMFS no later than 30 days after the end of the 
fishing season as authorized for that vessel on its harvesting permit.
    (2) Transshipment vessels. The master of a U.S. vessel issued a 
permit to receive Dissostichus species at sea must, upon receipt of 
Dissostichus species at sea, sign each DCD provided by the master of 
the harvesting vessel and retain a copy for a period of 2 years. Upon 
landing Dissostichus species received at sea, the master of the 
receiving vessel must obtain on each DCD, or copies thereof, the 
signature of a responsible official(s) designated by NMFS in the permit 
and the person/dealer(s) that receives the catch at the port(s) of 
landing. The master of the receiving vessel must sign each DCD, or 
copies thereof, convey each copy to NMFS and to the flag state(s) of 
the harvesting vessel(s) by the most rapid electronic means possible 
and provide a copy to each recipient of the catch. The master of the 
receiving vessel must submit a copy of each DCD with original 
signatures by the master of the receiving vessel and recipient(s) of 
the landed catch to NMFS at an address designated by NMFS no later than 
30 days after offloading in port.
    (3) Receivers upon landing. Any dealer who receives Dissostichus 
species from a harvesting vessel or from a transshipment vessel must 
sign the DCD(s) provided by the master of the vessel.
    (4) Import. Any dealer who imports Dissostichus species must obtain 
the DCD(s) that accompany the import shipment, mail or fax the DCD(s) 
to NMFS at an address designated by NMFS within 24 hours of the release 
from customs custody, retain a copy for his/her records and provide 
copies to exporters as needed. Dealers must retain at their place of 
business a copy of the DCD for a period of 2 years from the date on the 
DCD.
    (5) Re-export. Any dealer who re-exports Dissostichus species must 
complete a Dissostichus re-export document by indicating the amount 
from the original DCD(s) that is exported in the particular export 
shipment, the number of the original DCD(s), the name of the importer 
and point of import, and the exporter's name, address and permit 
number. The dealer must then sign the re-export document and obtain 
validation by an authority designated by NMFS. The original validated 
Dissostichus re-export document and copies of the original DCD(s)must 
accompany the export shipment. The dealer must retain a copy of the re-
export document and copies of the DCD(s). Dealers must retain at their 
place of business a copy of the DCD for a period of 2 years from the 
date on the DCD.
    (6) Exception. Dissostichus species harvested prior to the 
effective date of this rule may be imported during the first 60 days 
following the effective date of this rule, provided that the date of 
the harvest are corroborated on the dealer permit.
    4. In Sec. 300.112, paragraph (k) is added to read as follows:


Sec. 300.112  Harvesting permits.

* * * * *
    (k) Transshipment vessels. Any vessel subject to the jurisdiction 
of the United States that receives or attempts to receive Dissostichus 
species from a harvesting vessel at sea, regardless of whether such 
transshipment occurs in waters under the jurisdiction of CCAMLR, must 
obtain from NMFS a harvesting permit authorizing transshipment. 
Transshipment vessels must comply with the permitting provisions of 
this section with respect to harvesting vessels.
    5. Section 300.113 is revised to read as follows:


Sec. 300.113  Dealer permits.

    (a) General. (1) A dealer must obtain an AMLRs dealer permit from 
NMFS. Only those specific activities stipulated by the permit are 
authorized for the permit holder.
    (2) An AMLR may be imported into the United States if its harvest 
has been authorized by a U.S.-issued individual permit or a harvesting 
permit or its importation has been authorized by a U.S.-issued dealer 
permit issued pursuant to Sec. 300.112 or paragraph (a) of this 
section. The harvesting permit, or the individual permit, a NMFS issued 
dealer permit, or a copy thereof, must accompany the import.
    (3) In addition to any applicable catch documentation required 
under Sec. 300.107, the dealer is required to complete and return to 
NMFS, no later than 24 hours after the date of the importation, an 
import ticket reporting the importation. Import tickets will be 
attached to the permit. Additional

[[Page 13288]]

import tickets are available from NMFS. In no event may a marine mammal 
be imported into the United States unless authorized and accompanied by 
an import permit issued under the Marine Mammal Protection Act and/or 
the Endangered Species Act.
    (4) A dealer permit issued under this section does not authorize 
the harvest or transshipment of any AMLR by or to a vessel of the 
United States.
    (b) Application. Application forms for AMLR dealer permits are 
available from NMFS at an address designated by NMFS. A fully completed 
and accurate application must be submitted for each permit at least 30 
days before the anticipated date of the receipt, importation or re-
export.
    (c) Issuance. NMFS may issue a dealer permit if it determines that 
the activity proposed by the dealer meets the requirements of the Act 
and that the resources were not or will not be harvested in violation 
of any conservation measure in force with respect to the United States 
or in violation of any regulation in this subpart.
    (d) Duration. A permit issued under this section is valid from its 
date of issuance to its date of expiration unless it is revoked or 
suspended.
    (e) Transfer. A permit issued under this section is not 
transferable or assignable.
    (f) Changes in information. (1) Pending applications. Applicants 
for permits under this section must report in writing to NMFS any 
change in the information submitted in their permit applications. The 
processing period for the application will be extended as necessary to 
review and consider the change.
    (2) Issued permits. Any entity issued a permit under this section 
must report in writing to NMFS any changes in previously submitted 
information. Any changes that would not result in a change in the 
receipt or importation authorized by the permit must be reported on the 
import ticket required to be submitted to NMFS no later than 24 hours 
after the date of receipt or importation. Any changes that would result 
in a change in the receipt or importation authorized by the permit, 
such as harvesting vessel or country of origin, type and quantity of 
the resource to be received or imported, and Convention statistical 
subarea from which the resource was harvested, must be proposed in 
writing to NMFS and may not be undertaken unless authorized by NMFS 
through issuance of a revised or new permit.
    (g) Revision, suspension, or revocation. A permit issued under this 
section may be revised, suspended, or revoked, based upon a violation 
of the permit, the Act, or this subpart. Failure to report a change in 
the information contained in a permit application voids the application 
or permit, as applicable. Title 15 CFR part 904 governs permit 
sanctions under this subpart.
    6. In Sec. 300.115, paragraph (b) is revised and paragraphs (q) and 
(r) are added to read as follows:


Sec. 300.115  Prohibitions.

* * * * *
    (b) Import into or export from the customs territory of the United 
States any AMLRs taken by vessels without a permit to harvest those 
resources as required by Sec. 300.112, or without applicable catch 
documentation as required by Sec. 300.107, or without a dealer permit 
receive, import or export to the AMLRs as required by Sec. 300.113.
* * * * *
    (q) Fail to complete and sign applicable catch documentation, or 
provide false information about the harvest, transshipment, landing, 
import or re-export of applicable species as required by Sec. 300.107.
    (r) Receive AMLRs from a vessel without a dealer or harvesting 
permit issued under this subpart or in violation of the terms and 
conditions for such receipt as specified on the permit.
    7. In Sec. 300.116, paragraph (d) is added to read as follows:


Sec. 300.116  Facilitation of enforcement and inspection.

* * * * *
    (d) Disposition of resources denied entry. (1) When AMLRs are 
offered for entry into the Customs territory of the United States 
unaccompanied by a permit authorizing import and/or required catch 
documentation, the importer of record must either:
    (i) Abandon the resources;
    (ii) Waive claim to the resources; or
    (iii) Place the resources into a bonded warehouse and attempt to 
obtain a permit and/or documentation authorizing their importation.
    (2) If, within 60 days of such resources being placed into a bonded 
warehouse, the District Director of the U.S. Customs Service receives 
documentation that import of the resources into the United States is 
authorized by a permit and that required documentation has been 
submitted to NMFS, the resources will be allowed entry. If a permit or 
catch documentation is not presented within 60 days, the importer's 
claim to the resources will be deemed waived.
    (3) When resources are abandoned or claim to them is waived, the 
resources will be delivered to the Administrator of NOAA, or a 
designee, for storage or disposal as authorized by law. In such case, 
actual costs of delivery, storage and/or disposal may be assessed 
against the importer of record.
[FR Doc. 00-5783 Filed 3-8-00; 5:07pm]
BILLING CODE 3510-22-F