[Federal Register Volume 68, Number 19 (Wednesday, January 29, 2003)]
[Notices]
[Page 4449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1973]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 011303E]


Taking and Importing of Marine Mammals

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

ACTION: Notice.

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SUMMARY: This notice announces that on January 21, 2003, the United 
States District Court for the Northern District of California issued an 
order that stayed the implementation of the final finding made on 
December 31, 2002, by the Assistant Administrator for Fisheries, NMFS, 
(Assistant Administrator). The stay of the labeling standard for 
``dolphin-safe'' tuna became effective on January 23, 2003, and shall 
remain in effect for 90 days from the effective date or until a ruling 
is issued on a motion for a preliminary injunction, to be published in 
the Federal Register.

DATES: Effective on January 23, 2003.

FOR FURTHER INFORMATION CONTACT: Nicole R. Le Boeuf, Office of 
Protected Resources, NMFS, 301-713-2322.

SUPPLEMENTARY INFORMATION: The Dolphin Protection Consumer Information 
Act (DPCIA) (16 U.S.C. 1385), as amended by the International Dolphin 
Conservation Program Act, requires the Secretary of Commerce 
(Secretary) to make a finding, based on the results of specified 
scientific research, information obtained under the International 
Dolphin Conservation Program, and any other relevant information, as to 
whether the intentional deployment on or encirclement of dolphins with 
purse seine nets is having a ``significant adverse impact'' on any 
depleted dolphin stock in the eastern tropical Pacific Ocean (ETP). On 
December 31, 2002, the Assistant Administrator, on behalf of the 
Secretary, issued a final finding required under subsection (g)(2) of 
the DPCIA published a notification in the Federal Register on January 
15, 2003 (68 FR 2010).
    In the final finding, the Assistant Administrator determined that 
the chase and intentional deployment on or encirclement of dolphins 
with purse seine nets is not having a significant adverse impact on 
depleted dolphin stocks in the ETP. The final finding changed the 
definition of dolphin-safe for tuna products containing tuna harvested 
in the ETP by purse seine vessels with carrying capacity greater than 
400 short tons and exported from, sold in, the United States. Based 
upon the final finding, the definition of dolphin-safe for such tuna 
will be governed by the provisions of subsection (h)(1) of the DPCIA 
(16 U.S.C. 1385). Under this definition, dolphin-safe means that 
dolphins can be encircled or chased during the trip in which the tuna 
was harvested, but that no dolphins can be killed or seriously injured 
in the set in which the tuna was harvested.
    On December 31, 2002, Earth Island Institute, eight organizations, 
and one individual person filed a complaint in the United States 
District Court for the Northern District of California. This complaint 
challenges the final finding of the Assistant Administrator and seeks 
to enjoin any change to the dolphin-safe labeling standard for tuna 
harvested with purse seine nets.
    On January 21, 2003, the Court, at the request of all parties, 
issued an order that stayed the implementation the final finding. Under 
the terms of this order, the labeling standard for dolphin-safe tuna 
shall be governed by the provisions of subsection (h)(2) of the DPCIA. 
Under that provision, tuna harvested by purse seine vessels with 400 
short tons or greater carrying capacity in the ETP is deemed dolphin-
safe if, ``no tuna were caught on the trip in which such tuna were 
harvested using a purse seine net intentionally deployed on or to 
encircle dolphins, and no dolphins were killed or seriously injured 
during the sets in which the tuna were caught.'' The terms of the order 
further provide that this labeling standard shall remain in effect for 
90 days from the date of the order or until a ruling is issued on a 
motion for a preliminary injunction, which will be published in the 
Federal Register.

    Dated: January 23, 2003.
Rebecca J. Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 03-1973 Filed 1-24-03; 12:28 pm]
BILLING CODE 3510-22-S