[Federal Register Volume 66, Number 174 (Friday, September 7, 2001)]
[Rules and Regulations]
[Pages 46740-46741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22553]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 010719181-1181-01; I.D. 062501A]
RIN 0648-AP35


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: Interpretive rule.

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SUMMARY: NMFS issues a rule clarifying NMFS' interpretation of the 
Antarctic Marine Living Resources Convention Act of 1984 (AMLRCA) which 
prohibits the import into the United States of Dissostichus eleginoides 
(Patagonian toothfish), Dissostichus mawsoni(Antarctic toothfish), and 
products from such fish harvested in violation of a conservation 
measure in force with respect to the United States. NMFS interprets 
this prohibition as applying to Patagonian and Antarctic toothfish and 
products from such fish, even if such fish or products are accompanied 
by a validated Dissostichus Catch Document (DCD), if the fish were 
harvested in violation of a conservation measure in force with respect 
to the United States. NMFS issues this interpretative rule because of 
recent requests for permits from U.S. importers wishing to receive 
toothfish that were harvested in violation of a conservation measure in 
force with respect to the United States, seized by a foreign law 
enforcement authority, and accompanied by DCDs validated by the country 
that seized the fish. The intent of this interpretation is to clarify 
that under United States law, such fish cannot be imported into the 
United States.

DATES: This rule is effective September 7, 2001.

ADDRESSES: Copies of the Regulatory Impact Review supporting this 
action may be obtained from Dean Swanson or Mark Wildman, International 
Fisheries Division, Office of Sustainable Fisheries, NMFS, 1315 East-
West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Dean Swanson or Mark Wildman at 301-
713-2276.

SUPPLEMENTARY INFORMATION: The Antarctic fisheries are managed in 
accordance with the Convention on the Conservation of Antarctic Marine 
Living Resources (Convention). Under the authority of the AMLRCA, 16 
U.S.C. 2431 et seq., NMFS implements conservation measures adopted by 
the Commission for the Conservation of Antarctic Marine Living 
Resources (CCAMLR) through regulations at 50 CFR part 300, subpart G. 
In accordance with CCAMLR's requirements, the Secretary of the 
Department of Commerce (Secretary) has implemented a Catch 
Documentation Scheme (CDS) for Patagonian and Antarctic toothfish, 
which requires that shipments of such product be accompanied by 
validated documentation. At CCAMLR's October/November 2000 annual 
meeting, CCAMLR discussed the difficulties experienced by some Member 
countries that had seized or confiscated a catch or shipment of 
Patagonian or Antarctic toothfish and wished to export it to another 
country. CCAMLR considered a proposal that would have allowed a Member 
country that had seized toothfish to issue a new ``DCD'' and sell the 
fish in the international market. However, there was insufficient 
support to adopt that proposal, and CCAMLR agreed to discuss the 
proposal further. Since last November, the United States has received 
requests for permits from importers wishing to receive illegally 
harvested toothfish accompanied by DCDs validated by the countries that 
seized such fish.
    The purpose of the AMLRCA is to provide legislative authority for 
implementation of the Convention. (16 U.S.C. 2431(b)). The AMLRCA 
states that it is illegal for any person to ``ship, transport, offer 
for sale, sell, purchase, import, export, or have custody, control or 
possession of any antarctic living marine resource (or part or product 
thereof) which he knows, or reasonably should have known, was harvested 
in violation of a conservation measure in force with respect to the 
United States . . . .'' (16 U.S.C. 2435 (3)). Neither the Convention 
nor any of CCAMLR's conservation measures currently contains a 
provision for ``cleansing'' illegally harvested toothfish. Thus, in 
light of the explicit statutory prohibition and the lack of 
international agreements to the contrary, NMFS interprets U.S. law to 
prohibit the import of illegally harvested, seized fish even if it is 
accompanied by a validated DCD. The fact that the fish has been seized 
by a foreign law enforcement authority and that it is accompanied by a 
DCD issued by the country that seized the fish, does not change the 
fact that the fish was harvested in violation of a conservation

[[Page 46741]]

measure. Pursuant to the procedures established to implement section 6 
of Executive Order 12866, the Office of Management and Budget has 
determined that this interpretive rule is not significant.

    Dated: August 30, 2001.
John Oliver
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-22553 Filed 9-6-01; 8:45 am]
BILLING CODE 3510-22-S