[Federal Register Volume 69, Number 88 (Thursday, May 6, 2004)]
[Proposed Rules]
[Pages 25357-25362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10256]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 040421127-4127-01; I.D. 051403A]
RIN 0648-AR10


Atlantic Highly Migratory Species; Atlantic Trade Restrictive 
Measures

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

ACTION: Proposed rule, request for comments, notice of public hearing.

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SUMMARY: NMFS proposes to adjust the regulations governing the trade of 
tuna and tuna-like species in the North and South Atlantic Ocean to 
implement recommendations adopted at the 2002 and 2003 meetings of the 
International Commission for the Conservation of Atlantic Tunas 
(ICCAT). The proposed rule would lift or implement import prohibitions 
on Honduras, St. Vincent and the Grenadines, Belize, Sierra Leone, 
Bolivia, and Georgia for bigeye tuna, bluefin tuna, and swordfish. The 
proposed rule would also prohibit imports from vessels on the ICCAT 
illegal, unreported, and unregulated fishing list and from vessels 
which are not listed on ICCAT's record of vessels larger than 24 meters 
in length that are authorized to fish in the Convention Area. 
Additionally, the proposed rule would require issuance of a chartering 
permit before a vessel begins fishing under a chartering arrangement.

DATES: Written comments on the proposed rule must be received by 5 p.m. 
on June 21, 2004.
    The hearing date is: May 19, 2004, from 2 to 4 p.m., Silver Spring, 
MD.

ADDRESSES: The meeting location is: NOAA Science Center, Building 4, 
Silver Spring, MD 20910
    Comments should be sent to, and copies of the Draft Environmental 
Assessment/Regulatory Impact Review/Initial Regulatory Flexibility 
Analysis (EA/RIR/IRFA) may be obtained from

[[Page 25358]]

Christopher Rogers, Chief, Highly Migratory Species Management Division 
F/SF1, 1315 East-West Highway, Silver Spring, MD 20910. Comments may 
also be sent via facsimile (fax) to 301-713-1917 and by email. The 
mailbox address for providing e-mail comments is [email protected]. 
Include in the subject line of the e-mail comment the following 
document identifier RIN0648.AR10. Comments may also be submitted 
electronically through the Federal e-Rulemaking portal: http//
www.regulations.gov. Copies of the EA/RIR/IRFA are also available from 
the Highly Migratory Species Management Division website at 
www.nmfs.noaa.gov/sfa/hms.

FOR FURTHER INFORMATION CONTACT: Heather Stirratt, by phone: 301-713-
2347 or by fax: 301-713-1917.

SUPPLEMENTARY INFORMATION: The U.S. Atlantic swordfish and tuna 
fisheries are managed under the Fishery Management Plan for Atlantic 
Tunas, Swordfish, and Sharks (HMS FMP) and regulations at 50 CFR part 
635 under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq., and 
the Atlantic Tunas Convention Act (ATCA), 16 U.S.C. 971 et seq. The 
ATCA authorizes the promulgation of regulations as may be necessary and 
appropriate to carry out ICCAT recommendations. Trade-related ICCAT 
recommendations in calendar years 2002 and 2003 include but are not 
limited to, 02-16, 02-17, 02-18, 02-19, 02-20, 02-21, 02-22, 02-23, 03-
16, 03-17, and 03-18.

Trade Measures

    In order to conserve and manage bigeye tuna (BET), bluefin tuna 
(BFT), and swordfish (SWO) in the Atlantic Ocean, ICCAT adopted several 
recommendations at its 2002 and 2003 meetings regarding prohibitions or 
the lifting of prohibitions on the import of these species. ICCAT 
concluded, based on available information, that Sierra Leone, Bolivia, 
and Georgia were engaged in fishing activities that diminish the 
effectiveness of ICCAT conservation and management measures. Thus, 
ICCAT recommended that Contracting Parties (i.e., any member of the 
United Nations or any specialized agency of the United Nations that has 
signed on to the International Convention for the Conservation of 
Atlantic Tunas) prohibit the import of Atlantic BET, BFT, and SWO from 
Sierra Leone and Atlantic BET from Bolivia and Georgia. In this action, 
NMFS proposes to prohibit such imports from Sierra Leone, Bolivia, and 
Georgia. Upon determination by ICCAT that Sierra Leone, Bolivia, or 
Georgia has brought its fishing practices into consistency with ICCAT 
conservation and management measures, NMFS would take action to remove 
the appropriate import restrictions.
    At its 2002 meeting, ICCAT also recommended that several import 
prohibitions be lifted. One of these recommendations included removing 
the import prohibition of Atlantic BET, BFT, and SWO from Honduras. In 
this action, NMFS proposes to lift the import restrictions on Atlantic 
BFT and SWO from Honduras implemented on August 21, 1997 (62 FR 44422), 
and December 12, 2000 (65 FR 77523), respectively. NMFS did not 
finalize the 2000 ICCAT recommendation regarding BET imports from 
Honduras because ICCAT did not reach consensus in 2001 regarding 
whether Honduras had brought its fishing practices into conformity with 
ICCAT conservation and management measures (67 FR 70023, November 20, 
2002). Another 2002 recommendation would lift the import prohibitions 
regarding Atlantic BET, BFT, and SWO from Belize and Atlantic BET from 
St. Vincent and the Grenadines. The proposed rule would relieve the 
restrictions imposed on November 20, 2002 (67 FR 70023), for BET from 
Belize, St. Vincent, and the Grenadines; August 21, 1997 (62 FR 44422), 
for BFT from Belize and Honduras; and December 12, 2000 (65 FR 77523), 
for SWO from Belize and Honduras.

Vessel Chartering

    At its 2002 meeting, ICCAT addressed the practice of charter or 
chartering arrangements. For the purposes of this proposed rule, a 
charter or chartering arrangement is an agreement between a vessel and 
a foreign entity (e.g., country, business, government, person) to fish 
in foreign waters without reflagging the vessel. ICCAT recommended that 
chartering and flag Contracting Parties adopt several requirements to 
ensure compliance by chartered vessels with relevant ICCAT conservation 
and management measures. The recommendation states that at the time of 
the chartering arrangement, the chartering and flag Contracting Parties 
shall provide specific information concerning the charter to the ICCAT 
Executive Secretary, including vessel details, target species, 
duration, and consent of the flag Contracting Party or Cooperating non-
Contracting Party, Entity or Fishing Entity. Cooperating non-
Contracting Party, Entity or Fishing Entity is a special status that 
ICCAT created; Chinese Taipei participates at ICCAT under this status. 
The ICCAT Executive Secretary should also be notified upon termination 
of the charter. The recommendation states that, unless specifically 
provided in the chartering arrangement, and consistent with relevant 
domestic law and regulation, catches taken pursuant to the arrangement 
shall be unloaded exclusively in the ports of the chartering 
Contracting Party/foreign entity or under its direct supervision. NMFS 
uses the term ``offload'' in its regulations to refer to the activity 
of unloading or removing fish from a vessel. Such catches should be 
counted against the quota of the chartering Contracting Party but both 
the chartering and flag countries shall record the catch amounts 
separately from catches taken by other vessels. Chartered vessels shall 
not be authorized to use the quota or entitlement of the United States.
    In order to implement the chartering recommendations of ICCAT, NMFS 
proposes to require that vessel owners apply for and obtain a 
chartering permit before fishing under a chartering arrangement. Having 
a chartering permit would not obviate the need to obtain a fishing 
license, permits, or other authorizations issued by the chartering 
nation in order to fish in foreign waters, or to have other 
authorizations such as a High Seas Fishing Compliance Act Permit, 50 
CFR 300.10 et seq. A vessel shall not be authorized to fish under more 
than one chartering arrangement at the same time. NMFS will issue 
permits only if it determines that the chartering arrangement is in 
conformance with ICCAT's conservation and management programs.
    ICCAT also recommended that observers be aboard at least 10 percent 
of the chartered vessels or during 10 percent of the fishing time. NMFS 
would have the authority to place observers onboard a chartered vessel 
pursuant to 50 CFR 635.7.

Illegal, Unreported, and Unregulated (IUU) Fishing

    In an effort to prevent and deter IUU fishing, ICCAT adopted three 
recommendations (02-23, 02-22, and 03-16). Recommendations 02-23 and 
02-22 outline processes for identifying vessel lists, ICCAT adoption of 
the lists, and revisions via the submission of provisional lists to 
ICCAT for further consideration. Recommendation 02-23 establishes a 
list of vessels presumed to have carried out IUU fishing activities in 
the ICCAT convention area (also referred to as ``negative list''). Each 
year, Contracting Parties shall transmit to the ICCAT Executive 
Secretary a list of vessels suspected of IUU fishing, accompanied by 
supporting evidence.

[[Page 25359]]

 Upon adoption of the list of IUU vessels, Contracting Parties shall 
enact measures to prevent vessels flying their flag from transshipping 
with a vessel on the negative list, prevent vessels on the negative 
list from landing or transhipping in their ports, prohibit the 
chartering of an IUU vessel, refuse to grant their flag to an IUU 
vessel, and prohibit imports, landing, or transshipment of tuna and 
tuna-like species from IUU vessels.
    Recommendation 02-22 establishes a record of vessels larger than 24 
meters in length that are authorized to fish for tuna and tuna-like 
species in the Convention Area (also referred to as ``positive list''). 
To create this record, Contracting Parties shall submit a list to the 
ICCAT Executive Secretary containing information relating to its 
approved vessels. ICCAT recommended that the Contracting Parties take 
measures to prohibit the fishing for, the retaining on board, the 
transshipment, and landing of tuna and tuna-like species by vessels 
larger than 24 meters in length which are not listed on the positive 
list.
    This proposed rule would implement the measures associated with 
both these lists. The United States submitted a positive list to ICCAT 
on July 22, 2003, and plans to update this list again upon request by 
ICCAT. Because the United States does not know of any domestic vessels 
that participate in IUU fishing, the United States did not submit a 
negative list to ICCAT.
    ICCAT further recommended at its 2003 meeting that Contracting 
Parties prohibit landings from fishing vessels, placing in cages for 
farming and/or the transshipment within their jurisdiction of tunas or 
tuna-like species caught by IUU fishing activities (Recommendation 03-
16). This proposed rule would also implement this additional measure to 
prevent and deter IUU fishing.

Public Hearings and Special Accommodations

    NMFS will hold a public hearing (see DATES and ADDRESSES) to 
receive comments from fishery participants and other members of the 
public regarding these proposed amendments. This hearing will be 
physically accessible to people with disabilities. Requests for sign 
language interpretation or other auxiliary aids should be directed to 
Heather Stirratt at (301) 713-2347 at least five days prior to the 
hearing date. For individuals unable to attend a hearing, NMFS also 
solicits written comments on the proposed rule (see DATES and 
ADDRESSES).

Classification

    This proposed rule is published under the authority of the 
Magnuson-Stevens Act and ATCA. The Assistant Administrator for 
Fisheries 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 highly migratory species 
fisheries.
    A June 14, 2001, Biological Opinion (BiOp) found that the U.S. 
pelagic longline fishery was likely to jeopardize loggerhead and 
leatherback sea turtles and that other HMS fisheries were not likely to 
jeopardize these species. A final rule published July 9, 2002 (67 FR 
45393), implemented the reasonable and prudent alternative required by 
that BiOp. NMFS recently reinitiated consultation for the pelagic 
longline fishery because the incidental take statement for leatherback 
and loggerhead sea turtles was exceeded in 2001 and 2002.
    NMFS has determined preliminarily that these regulations would be 
implemented in a manner consistent to the maximum extent practicable 
with the enforceable policies of those coastal states in the Atlantic, 
Gulf of Mexico, and Caribbean that have approved coastal zone 
management programs. Letters have been sent to the relevant states 
asking for their concurrence.
    NMFS has prepared a regulatory impact review and an initial 
regulatory flexibility analysis that examine the impacts of this 
proposed action. The purpose of this proposed rulemaking is to 
implement the 2002 and 2003 ICCAT recommendations regarding trade 
measures consistent with the HMS FMP, the Magnuson-Stevens Act, ATCA, 
and other domestic regulations. As this proposed rule impacts the trade 
and importation of HMS (e.g., tuna and tuna-like species) in the United 
States and chartering arrangements with foreign entities, the 
regulations would not directly impact a specific domestic fishery. 
However, the proposed measures could impact HMS dealers and vessels 
that participate in chartering arrangements, all of which NMFS 
considers to be small entities. In December 2003, there were 
approximately 516 and 302 dealer permits issued for tuna and SWO, 
respectively. NMFS estimates that less than 10 domestic vessels may 
participate in chartering arrangements.
    To address the 2002 and 2003 ICCAT recommendations regarding trade 
measures, two alternatives were prepared: a preferred alternative to 
implement the ICCAT recommendations and a no action alternative that 
would not implement the recommendations.
    The preferred alternative proposed by this proposed rule (imposing 
or lifting trade restrictions, establishing chartering notification and 
permit requirements, and implementing measures designed to prevent IUU 
fishing and fishing by unauthorized large scale fishing vessels) is not 
expected to have significant economic or social impacts. By prohibiting 
the import of BET, BFT, and SWO from Sierra Leone and BET from Bolivia 
and Georgia, NMFS could reduce the economic benefits of importers and 
dealers. Conversely, by lifting the trade restrictions on imports of 
BFT and SWO from Honduras and lifting the prohibition of imports of BET 
from Belize and St. Vincent and the Grenadines and BFT and SWO from 
Belize, NMFS could provide economic benefits to U.S. dealers and 
importers. However, because current and past import levels of these 
fish species from these countries are low or nonexistent, NMFS does not 
anticipate major positive or negative economic impacts as a result of 
either implementing the preferred alternative or maintaining existing 
bans should adoption of the no action alternative occur.
    The chartering permit is not expected to significantly increase the 
administrative burden to the vessel owners or result in significant 
economic impacts. The application process requires the provision, 
through mail or facsimile, of information, including but not limited to 
name and registration of the vessel, name and address of the owner, 
description of the vessel, targeted species, quota allocated to the 
chartering party, and the duration of the chartering arrangement. 
Additional information such as copies of fishing licenses, permits, 
other authorizations (e.g., High Seas Fishing Compliance Act Permit, 50 
CFR 300.10, and documentation regarding the legal establishment of the 
chartering company will be requested. A vessel shall not be authorized 
to fish under more than one chartering arrangement at the same time. 
NMFS will issue permits only if it is determined that the chartering 
arrangement is in conformance with ICCAT's conservation and management 
programs. NMFS does not anticipate major economic impacts to domestic 
vessels as a result of a permit denial, given that these vessels would 
continue to be able to fish in domestic waters for HMS and may decide 
to sell HMS domestically or export product to other countries depending 
upon which market has the higher product price. Given that no

[[Page 25360]]

chartering permits have been issued in the fishery to date, NMFS does 
not anticipate any economic impacts to domestic vessels as a result of 
taking no action.
    NMFS does not anticipate any significant impacts to U.S. entities 
from the proposed prohibition on the import of tuna and tuna-like 
species from vessels known to be IUU fishing or from unauthorized large 
scale fishing vessels. Currently, NMFS does not have specific 
information concerning the amount of HMS imported from such vessels. 
However, NMFS believes that the amount of HMS imported from these types 
of vessels is insignificant, and therefore does not expect any major 
economic impacts associated with implementation of the proposed 
management measure or with no action.
    NMFS considers all HMS vessel and dealer permit holders to be small 
entities, and thus, in order to meet the objectives of this proposed 
rule and address the management concerns at hand, NMFS cannot exempt 
small entities or change the reporting requirements for small entities. 
NMFS is proposing these measures to comply with ICCAT recommendations 
which are negotiated between many countries and are therefore not 
easily adjusted or modified. As such, the use of performance rather 
than design standards and the simplification of compliance and 
reporting requirements under this proposed rule are not practicable. 
Furthermore, this action does not duplicate, overlap, or conflict with 
any other relevant Federal rules.
    This proposed rule contains collection-of-information requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). The chartering 
application and notification requirements for vessels entering a 
chartering arrangement have been submitted to OMB for approval. Public 
reporting burden for this collection of information is estimated to 
average 40 minutes per application and 5 minutes per notification upon 
termination of the chartering arrangement. This burden estimate 
includes the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    Public comment is sought regarding: whether the proposed collection 
of information is necessary for the proper performance of the functions 
of the agency, including whether the information will have practical 
utility; the accuracy of the burden estimate; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of collecting the information, including 
through 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 the HMS Management Division at the 
ADDRESSES above, and by e-mail to [email protected], or fax to 
(202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any 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.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 635

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

    Dated: April 30, 2004.
Rebecca Lent
Deputy Assistant Administrator for Regulatory Programs, 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. In Sec.  635.2 the definition of ``Tuna or tuna-like'' is added 
in alphabetical order to read as follows:


Sec.  635.2  Definitions.

* * * * *
    Tuna or tuna-like means the Scombriformes (with the exception of 
families Trichiuridae and Gempylidae and the genus Scomber) and such 
other species of fishes that are regulated by ICCAT in the Atlantic 
Ocean.
* * * * *
    3. In Sec.  635.5, paragraph (a)(6) is added to read as follows:


Sec.  635.5  Recordkeeping and reporting.

* * * * *
    (a) * * *
    (6) Chartering Arrangements. (i) For the purposes of this section, 
a chartering arrangement means any contract, agreement, or commitment 
between a vessel owner and a foreign entity (e.g., government, company, 
person) under which the possession or services of a vessel are secured 
for a period of time for fishing targeting Atlantic HMS. Chartered 
vessels do not generally change registration (flag) to fish under 
another country's registration. Chartering arrangements under this part 
do not include bareboat charters under which a vessel enters into a 
fishing agreement with a foreign entity, changes registration to fish 
under another country's registration then, once the agreed-upon fishing 
is completed, reverts back to the vessel's original registration.
    (ii) Before fishing under a chartering arrangement, the owner of a 
fishing vessel subject to U.S. jurisdiction must apply for and obtain a 
chartering permit as specified in Sec.  635.32 (e) and (f). If a 
chartering permit is issued, the vessel owner must submit catch 
information as specified in the terms and conditions of that permit. 
Catches will be recorded and counted against the applicable quota of 
the chartering Contracting Party and, unless otherwise provided in the 
chartering permit, must be offloaded in the ports of the chartering 
Contracting Party or offloaded under the direct supervision of the 
chartering Contracting Party.
    (iii) If the chartering arrangement terminates before the 
expiration of the charter permit, the vessel owner must notify NMFS in 
writing upon termination of the chartering arrangement.
* * * * *
    4. In Sec.  635.32, paragraphs (e) and (f) are redesignated as 
paragraphs (f) and (g), respectively, and revised; and paragraph (a) is 
revised; and a new paragraph (e) is added to read as follows:


Sec.  635.32  Specifically authorized activities.

    (a) General. Consistent with the provisions of Sec.  600.745 of 
this chapter, except as indicated in this section, NMFS may authorize 
for the conduct of scientific research, the acquisition of information 
and data, the enhancement of safety at sea, the purpose of collecting 
animals for public education or display, the investigation of bycatch, 
economic discard and regulatory discard, or for chartering 
arrangements, activities otherwise prohibited by the regulations 
contained in this part. Activities subject to the provisions of this 
section include, but are not limited to, scientific research resulting 
in, or likely to result in, the take, harvest or incidental mortality 
of Atlantic HMS; exempted fishing and educational activities; programs 
under which regulated species retained in contravention to otherwise 
applicable

[[Page 25361]]

regulations may be donated through approved food bank networks; or 
chartering arrangements. Such activities must be authorized in writing 
and are subject to all conditions specified in any letter of 
acknowledgment, exempted fishing permit, scientific research permit, 
display permit, or chartering permit issued in response to requests for 
authorization under this section. For the purposes of all regulated 
species covered under this part, NMFS has the sole authority to issue 
permits, authorizations, and acknowledgments. If a regulated species 
landed or retained under the authority of this section is subject to a 
quota, the fish shall be counted against the quota category as 
specified in the written authorization. Inspection requirements 
specified in Sec.  635.5(e) of this part apply to the owner or operator 
of a fishing vessel that has been issued a exempted fishing permit, 
scientific research permit, display permit, or chartering permit.
* * * * *
    (e) Chartering permits. (1) For activities consistent with the 
purposes of this section, Sec.  635.5(a), and Sec.  600.745(b)(1) of 
this chapter, NMFS may issue chartering permits for record keeping and 
reporting purposes. An application for a chartering permit must include 
all information required under Sec.  600.745(b)(2) of this chapter and, 
in addition, written notification of: the species of fish covered by 
the chartering arrangement and quota allocated to the chartering 
Contracting Party; duration of the arrangement; measures adopted by the 
chartering Contracting Party to implement ICCAT chartering provisions; 
copies of fishing licenses, permits, and/or other authorizations issued 
by the chartering Contracting Party for the vessel to fish under the 
arrangement; a copy of the High Seas Fishing Compliance Act Permit 
pursuant to 50 CFR 300.10; and documentation regarding the legal 
establishment of the chartering company.
    (2) Notwithstanding the provisions of Sec.  600.745 of this chapter 
and other provisions of this part, a valid chartering permit is 
required to fish for, take, retain, or possess tuna or tuna-like 
species under chartering arrangements as specified in Sec.  
635.5(a)(6). A valid chartering permit must be on board the harvesting 
vessel, must be available when tuna or tuna-like species are landed, 
and must be presented for inspection upon request of an authorized 
officer. A chartering permit is valid for the duration of the 
chartering arrangement or until the expiration date specified on the 
permit, whichever comes first.
    (3) To be considered complete, an application for a chartering 
permit for a vessel must include all information specified in Sec.  
600.745(b)(2) and in Sec.  635.32(e) and (f).
    (4) Charter permit holders must submit logbooks and comply with 
reporting requirements as specified in Sec.  635.5. NMFS will provide 
specific conditions and requirements in the chartering permit, so as to 
ensure consistency, to the extent possible, with laws of foreign 
countries, the Fishery Management Plan for Atlantic Tunas, Swordfish, 
and Sharks, as well as ICCAT recommendations.
    (5) Observers may be placed on board vessels issued chartering 
permits as specified under Sec.  635.7.
    (6) NMFS will issue a chartering permit only if it determines that 
the chartering arrangement is in conformance with ICCAT's conservation 
and management programs.
    (7) A vessel shall be authorized to fish under only one chartering 
arrangement at a time.
    (8) All chartering permits are subject to sanctions and denials as 
indicated under Sec.  635.4(a)(6).
    (f) Applications and renewals. Application procedures shall be as 
indicated under Sec.  600.745(b)(2) of this chapter, except that NMFS 
may consolidate requests for the purpose of obtaining public comment. 
In such cases, NMFS may file with the Office of the Federal Register, 
on an annual or, as necessary, more frequent basis, notification of 
previously authorized exempted fishing, scientific research, public 
display, or chartering activities and to solicit public comment on 
anticipated EFP, SRP, LOA, public display, or chartering permit 
requests. Applications for EFP, SRP, public display, or chartering 
permit renewals are required to include all reports specified in the 
applicant's previous permit including the year-end report, all 
delinquent reports permits issued in prior years, and all other 
specified information. In situations of delinquent reports, renewal 
applications will be deemed incomplete and a permit will not be issued 
under this section.
    (g) Terms and conditions. For EFPs, SRPs, and public display 
permits: (1) Written reports on fishing activities and disposition 
released under a permit issued under this section, must be submitted to 
NMFS, at an address designated by NMFS, within 5 days of the fishing 
activity, without regard to whether the fishing activity occurs in or 
outside the EEZ. Also, an annual written summary report of all fishing 
activities and disposition of all fish captured under the permit must 
be submitted to NMFS, at an address designated by NMFS, within 30 days 
after the expiration date of the permit. NMFS will provide specific 
conditions and requirements as needed, consistent with the Fishery 
Management Plan for Atlantic Tunas, Swordfish and Sharks, in the 
permit. If an individual issued a Federal permit under this section 
captures no HMS in any given month, either in or outside the EEZ, a 
``no-catch'' report must be submitted to NMFS within 5 days of the last 
day of that month.
    5. In Sec.  635.45, paragraphs (a), (b), and (c) are revised and 
paragraphs (d), (e), and (f) are added to read as follows:


Sec.  635.45  Products denied entry.

    (a) All shipments of Atlantic swordfish, or its products, in any 
form, harvested by a vessel under the jurisdiction of Sierra Leone will 
be denied entry into the United States. It is a rebuttable presumption 
that any shipment containing swordfish, or its products, offered for 
entry or imported into the United States has been harvested by a vessel 
or vessels of the exporting nation.
    (b) All shipments of Atlantic bluefin tuna, or its products, in any 
form, harvested by a vessel under the jurisdiction of Equatorial Guinea 
or Sierra Leone will be denied entry into the United States. It is a 
rebuttable presumption that any shipment containing bluefin tuna, or 
its products, offered for entry or imported into the United States has 
been harvested by a vessel or vessels of the exporting nation.
    (c) All shipments of Atlantic bigeye tuna, or its products, in any 
form, harvested by a vessel under the jurisdiction of Bolivia, 
Cambodia, Equatorial Guinea, Sierra Leone, or Georgia will be denied 
entry into the United States. It is a rebuttable presumption that any 
shipment containing bigeye tuna, or its products, offered for entry or 
imported into the United States has been harvested by a vessel or 
vessels of the exporting nation.
    (d) All shipments of tuna or tuna-like species, or their products, 
in any form, harvested in the ICCAT convention area by a fishing vessel 
larger than 24 meters in length overall that is not listed on the ICCAT 
record of authorized vessels will be denied entry into the United 
States.
    (e) All shipments of tuna or tuna-like species, or their products, 
in any form, harvested in the ICCAT convention area by a fishing vessel 
listed on the ICCAT record as engaged in illegal, unreported, and 
unregulated fishing will be denied entry into the United States.

[[Page 25362]]

    (f) All shipments of tuna or tuna-like species, placed in cages for 
farming and/or transshipment, harvested in the ICCAT convention area 
and caught by a fishing vessel included on the ICCAT list as engaged in 
illegal, unreported, and unregulated fishing will be denied entry into 
the United States.
    6. In Sec.  635.71, paragraphs (a)(2), (a)(6), and (b)(26) are 
revised; and paragraphs (a)(41) through (a)(47) and paragraphs (b)(30) 
and (e)(16) are added to read as follows:


Sec.  635.71  Prohibitions.

* * * * *
    (a) * * *
    (2) Fish for, catch, possess, retain, or land an Atlantic HMS 
without the appropriate valid vessel permit, LAP, EFP, SRP, display 
permit, or chartering permit on board the vessel, as specified in Sec.  
635.4 and Sec.  635.32.
* * * * *
    (6) Falsify or fail to record, report, or maintain information 
required to be recorded, reported, or maintained, as specified in Sec.  
635.5 and Sec.  635.32 or in the terms and conditions of a permit 
issued under Sec.  635.4 or an exempted fishing permit, scientific 
research permit, display permit, or chartering permit issued under 
Sec.  635.32.
* * * * *
    (41) Fail to notify NMFS upon the termination of a chartering 
arrangement as specified in Sec.  635.5(a)(6).
    (42) Count chartering arrangement catches against quotas other than 
that of the chartering Contracting Party as specified in Sec.  
635.5(a)(6).
    (43) Fail to submit catch information regarding fishing activities 
conducted under a chartering arrangement with a foreign entity, as 
specified in Sec.  635.5(a)(6).
    (44) Offload chartering arrangement catch in ports other than ports 
of the chartering Contracting Party or offload catch without the direct 
supervision of the chartering Contracting Party as specified in Sec.  
635.5(a)(6).
    (45) Import or attempt to import tuna or tuna-like species 
harvested from the ICCAT convention area by a fishing vessel larger 
than 24 meters in length overall that is not listed in the ICCAT record 
of authorized vessels as specified in Sec.  635.45(d).
    (46) Import or attempt to import tuna or tuna-like species 
harvested by a fishing vessel on the ICCAT illegal, unreported, and 
unregulated fishing list as specified in Sec.  635.45(e).
    (47) Import or attempt to import tuna or tuna-like species, placed 
in cages for farming and/or transshipment, harvested in the ICCAT 
convention area and caught by a fishing vessel included on the ICCAT 
list as engaged in illegal, unreported, and unregulated fishing as 
specified in Sec.  635.45(f).
    (b)* * *
    (26) Import a bluefin tuna or bluefin tuna product into the United 
States from Equatorial Guinea or Sierra Leone other than as authorized 
in Sec.  635.45(b).
* * * * *
    (30) Import a bigeye tuna or bigeye tuna product into the United 
States from Bolivia, Cambodia, Equatorial Guinea, Sierra Leone, or 
Georgia other than as authorized in Sec.  635.45(c).
* * * * *
    (e)* * *
    (16) Import a swordfish or swordfish product into the United States 
from Sierra Leone other than as authorized in Sec.  635.45(a).
* * * * *
[FR Doc. 04-10256 Filed 5-5-04; 8:45 am]
BILLING CODE 3510-22-S