[Federal Register Volume 65, Number 101 (Wednesday, May 24, 2000)]
[Proposed Rules]
[Pages 33517-33519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13057]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 000511133-0146-02; I.D. 051600B]
RIN 0648-AN52


Atlantic Highly Migratory Species; Trade Restrictions for Bluefin 
Tuna and Swordfish

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

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

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SUMMARY: NMFS proposes to amend the regulations governing the Atlantic 
highly migratory species (HMS) fisheries to remove a prohibition on the 
importation of Atlantic bluefin tuna (BFT) from Panama; to prohibit the 
importation of BFT and its products from Equatorial Guinea; and to 
prohibit the importation of Atlantic swordfish and its products from 
Belize and Honduras. These restrictions would implement recommendations 
of the International Commission for the Conservation of Atlantic Tunas 
(ICCAT). The intent of these actions is to improve conservation and 
management of the Atlantic swordfish and bluefin tuna resources, while 
allowing harvests consistent with recommendations of the International 
Commission for the Conservation of Atlantic Tunas (ICCAT).

[[Page 33518]]


DATES: NMFS will hold public hearings in June, 2000 to receive comments 
from fishery participants and other members of the public regarding 
these proposed regulations. See SUPPLEMENTARY INFORMATION for hearing 
dates and times. For individuals unable to attend a hearing, NMFS also 
solicits written comments on the proposed rule. To be considered in 
developing the final rule, written comments on the proposed rule must 
be received at the appropriate address or fax number (see ADDRESSES) by 
5 p.m. on July 18, 2000.

ADDRESSES: See SUPPLEMENTARY INFORMATION for public hearing locations. 
Comments on the proposed rule should be sent to and copies of the Draft 
Environmental Assessment/Regulatory Impact Review supporting this 
action may be obtained from Rebecca Lent, Highly Migratory Species 
Division, Office of Sustainable Fisheries, NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910. These documents may be viewed on the 
NMFS website at www.nmfs.gov/sfa/hmspg.html. Comments also may be sent 
via facsimile (fax) to 301-713-1917. Comments will not be accepted if 
submitted via e-mail or on the Internet.

FOR FURTHER INFORMATION CONTACT: Rachel Husted, 301-713-2347; fax: 301-
713-1917 or by email at [email protected]. The NMFS HMS website is 
www.nmfs/gov/sfa/hmspg.html.

SUPPLEMENTARY INFORMATION: The U.S. Atlantic swordfish fishery and the 
BFT fishery are managed under the Fishery Management Plan for Atlantic 
Tunas, Swordfish, and Sharks and regulations at 50 CFR part 635 under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act; codified at 16 U.S.C. 1801 et 
seq.) and the Atlantic Tunas Convention Act (ATCA; codified at 16 
U.S.C. 971 et seq.). Regulations issued under the authority of ATCA 
carry out the recommendations of ICCAT.

Proposed Import Restrictions

    On August 21, 1997 (62 FR 44422), NMFS prohibited the importation 
of BFT and its products from Panama, Honduras, and Belize, to implement 
a 1996 ICCAT recommendation. At that time, vessels of those countries 
had been determined by ICCAT to be fishing in a manner inconsistent 
with ICCAT conservation and management measures for bluefin tuna. In 
recognition of Panama's new status as a Contracting Party and the 
notable steps that country has taken and is taking to control its fleet 
and address ICCAT's concerns, ICCAT recommended in 1999 that its 
members lift the trade ban on bluefin tuna products from Panama. 
Therefore, consistent with the 1999 ICCAT recommendation, NMFS proposes 
to lift the import restriction on Panama and allow for the importation 
of BFT from that country.
    In contrast to the efforts of the Government of Panama, information 
available to ICCAT indicates that Honduras and Belize continue to have 
vessels fishing in a manner that diminishes the effectiveness of 
ICCAT's conservation and management measures for both BFT and Atlantic 
swordfish. (Background on the original BFT determination can be found 
at 62 FR 44422, August 21, 1997.) In recent years, significant 
increases in exports of swordfish by Belize and Honduras have been 
recorded, although no catch data have been reported to ICCAT. This 
activity is occurring while other countries have reduced their catches 
of swordfish to comply with ICCAT conservation measures for the 
overfished north Atlantic swordfish population. ICCAT has repeatedly 
contacted the governments of Belize and Honduras, but has never 
received a satisfactory response from either government regarding 
actions to rectify the situation. Therefore, consistent with the 1999 
ICCAT recommendation, NMFS proposes to prohibit the importation of 
Atlantic swordfish and its products from Honduras and Belize. The 
prohibition on imports of BFT and its products from these countries 
would also remain in effect.
    In 1999, ICCAT also recommended that its members prohibit the 
import of BFT from Equatorial Guinea (a Contracting Party to ICCAT). 
ICCAT took this step as a last resort to address non-compliance with 
BFT quota limits. Import data from 1997-1999 reveal significant exports 
of BFT by Equatorial Guinea despite the fact that, for those years, 
this country received no catch allocation from ICCAT for BFT. The 
Government of Equatorial Guinea has not responded to repeated 
correspondence from ICCAT regarding the BFT fishing activities of its 
vessels and Equatorial Guinea has reported no BFT catch data. 
Therefore, consistent with the 1999 ICCAT recommendation, NMFS proposes 
to prohibit the importation of BFT and its products from Equatorial 
Guinea.

Public Hearings

    NMFS will hold public hearings in June 2000 to receive comments 
from fishery participants and other members of the public regarding 
these proposed amendments at the following times and locations:
    Monday, June 5, 2000--Houma, LA, 7-9:30 p.m.
    Holiday Inn Holidome, Houma, LA.
    Tuesday, June 6, 2000--Fairhaven, MA, 7-9:30 p.m.
    The Seaport Inn, 110 Middle Street, Fairhaven, MA 02719.
    Thursday, June 8, 2000--Pompano, FL, 7-9:30 p.m.
    Pompano Beach Civic Center, 1801 NE 6th Street, Pompano 
Beach, FL 33060.
    Thursday, June 22, 2000--Panama City, FL, 7-9:30 p.m.
    National Marine Fisheries Service, Panama City Laboratory, 3500 
Delwood Beach Road, Panama City, FL 32408.
    Thursday, June 22, 2000--Barnegat Light, NJ, 7-9:30 p.m. Barnegat 
Light Firehouse, Barnegat, NJ 08006.

Special Accommodations

    These hearings will be physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Rachel Husted at (301) 713-2347 at 
least 5 days prior to the hearing date.

Classification

    This proposed rule is published under the authority of the 
Magnuson-Stevens Act and ATCA. The Assistant Administrator for 
Fisheries, NOAA has preliminarily determined that the regulations 
contained in this proposed rule are necessary to implement the 
recommendations of ICCAT and to manage the domestic Atlantic HMS 
fisheries.
    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the proposed regulatory amendment, if implemented, 
would not have a significant economic impact on a substantial number of 
small entities as follows:

    Implementing trade restrictions on Atlantic BFT and Atlantic 
swordfish and Atlantic BFT and Atlantic swordfish products from 
Belize and Honduras, and Atlantic BFT and Atlantic BFT products from 
Equatorial Guinea would not have a significant economic impact on a 
substantial number of small entities because these countries 
currently do not export these fish or fish products to the United 
states and there are sufficient alternative sources of supply for 
United States importers and processors. The proposed restrictions 
would not alter current domestic fishing or marketing practices in 
any significant way.

Because of this certification, an Initial Regulatory Flexibility 
Analysis was not prepared.

[[Page 33519]]

This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The proposed action would not impose any additional reporting or 
recordkeeping requirements subject to OMB approval under the Paperwork 
Reduction Act.
    On November 19, 1999, NMFS reinitiated formal consultation for all 
HMS commercial fisheries under section 7 of the Endangered Species Act. 
A new Biological Opinion will be issued in June 2000. In the interim, 
no irretrievable commitments of resources are expected from this 
proposed action.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Imports, Treaties.

    Dated: May 18, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 635 is 
proposed to be amended as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

    1. The authority citation for part 635 continues to read as 
follows:

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
    2. Section 635.45 is revised to read as follows:


Sec. 635.45  Products denied entry.

    (a) All shipments of BFT or BFT products, or swordfish or swordfish 
products, in any form, harvested by a vessel under the jurisdiction of 
Belize or Honduras will be denied entry into the United States.
    (b) All shipments of BFT or BFT products, in any form, harvested by 
a vessel under the jurisdiction of Equatorial Guinea will be denied 
entry into the United States.
    3. The heading of Sec. 635.46 is revised to read as follows:


Sec. 635.46  Import requirements for swordfish.

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[FR Doc. 00-13057 Filed 5-19-00; 4:21 pm]
BILLING CODE 3510-22-F