[Federal Register Volume 69, Number 233 (Monday, December 6, 2004)]
[Rules and Regulations]
[Pages 70396-70401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26719]



[[Page 70396]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 040421127-4322-02; 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: Final rule.

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SUMMARY: NMFS is adjusting the regulations governing the trade of 
species regulated by the International Commission for the Conservation 
of Atlantic Tunas (ICCAT) in the North and South Atlantic Ocean to 
implement recommendations adopted at the 2002 and 2003 meetings of 
ICCAT. This final rule lifts or implements import prohibitions for 
bigeye tuna, bluefin tuna, and swordfish on Honduras, St. Vincent and 
the Grenadines, Belize, Sierra Leone, Bolivia, and Georgia. This rule 
also prohibits imports from vessels on the ICCAT illegal, unreported, 
and unregulated fishing list and from vessels that are not listed on 
ICCAT's record of vessels that are authorized to fish in the Convention 
Area. Additionally, this rule requires issuance of a chartering permit 
before a vessel begins fishing under a chartering arrangement.

DATES: This final rule will be effective on January 5, 2005.

ADDRESSES: Copies of the Final Environmental Assessment/Regulatory 
Impact Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) may 
be obtained from Christopher Rogers, Chief, Highly Migratory Species 
Management Division F/SF1, 1315 East-West Highway, Silver Spring, MD 
20910. Copies of the EA/RIR/FRFA are also available from the Highly 
Migratory Species Management Division website at www.nmfs.noaa.gov/sfa/hms.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Michael Clark 
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 necessary and 
appropriate to carry out ICCAT recommendations. The trade-related ICCAT 
recommendations for calendar years 2002 and 2003 that are implemented 
by this final rule 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 better 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. Based on available information, ICCAT concluded 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 prohibits 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 will 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. 
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. Consistent with 
these recommendations, and as stated in the proposed rule on May 6, 
2004 (69 FR 25357), this final rule relieves the restrictions imposed 
on November 20, 2002 (67 FR 70023), for BET from Belize and 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. Additionally, this final rule does not impose 
restrictions on Honduras regarding BET imports.

Vessel Chartering

    At its 2002 meeting, ICCAT addressed the practice of charter or 
chartering arrangements, which are defined as 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 their compliance 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. A 
Cooperating non-Contracting Party, Entity or Fishing Entity is a 
special status that ICCAT created; Chinese Taipei participates in ICCAT 
under this status. The ICCAT Executive Secretary should also be 
notified upon termination of the charter. The recommendation also 
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.
    In order to implement the chartering recommendations of ICCAT, NMFS 
requires that U.S. vessel owners with HMS permits apply for and obtain 
a chartering permit before fishing under a chartering arrangement. 
Under this final rule and consistent with the ICCAT recommendations, 
vessels issued a chartering permit shall not be authorized to use the 
quota or entitlement of the United States until

[[Page 70397]]

the chartering permit expires or is terminated. Having a chartering 
permit will 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 obtain other authorizations such as a High 
Seas Fishing Compliance Act Permit, 50 CFR 300.10 et seq. Additionally, 
incidental takes of, or interactions with, protected resources will be 
included against the authorized take levels specified in any relevant 
Biological Opinions. A U.S. vessel shall not be authorized to fish 
under more than one chartering arrangement at the same time. NMFS will 
issue chartering 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 
has the authority to place observers onboard a chartered vessel 
pursuant to 50 CFR 635.7. Vessels participating in chartering 
arrangements may be required to use vessel monitoring systems (VMS) for 
the duration of the arrangement, including when vessels are traveling 
to and from the locale of fishing, dependent on the terms and 
conditions of the chartering permit.

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. 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 ICCAT regulated species from IUU vessels.
    Recommendation 02-22 establishes a record of vessels larger than 24 
meters in length that are authorized to fish for ICCAT regulated 
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, retaining on board, 
transshipment, and landing of ICCAT regulated species by vessels which 
are not listed on the positive list.
    This final rule implements the measures associated with both these 
lists. The United States submitted a positive list to ICCAT on June 23, 
2004, and plans to update this list annually, or as requested 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 but will in the future, as appropriate.
    ICCAT also 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 final rule also implements this additional measure to prevent and 
deter IUU fishing.

Response to Comments

    NMFS received several public comments from two individuals prior to 
the closing date of the comment period for the proposed rulemaking 
which ended on June 21, 2004. The individuals expressed concern about 
numerous aspects of Highly Migratory Species management, both directly 
and indirectly related to this rulemaking. These comments are 
summarized below with the responses.
    Comment 1: Object to lifting country specific tuna import 
prohibitions.
    Response: ICCAT adopted the recommendations to lift certain import 
restrictions because these countries had come into compliance with the 
conservation and management goals of the commission. Concurrently, 
ICCAT adopted other recommendations that ban imports from certain 
countries that are not complying with the goals of the convention. 
Thus, this final rule implements all the ICCAT recommendations from 
2002 and 2003 that lift or ban imports of ICCAT species.
    Comment 2: NMFS excludes citizens that are not directly involved 
with fisheries from their public hearings.
    Response: Public hearings conducted by NMFS are open to any and all 
interested members of the public, including those with physical 
disabilities and the hearing impaired, not just those directly involved 
in the fishery.
    Comment 3: The penalties for violation of chartering permits should 
be severe, including permit sanctions, and be detailed in the 
regulatory text.
    Response: NMFS agrees that submitting false charter permit 
information should be met with stiff penalties. Penalties are often 
based, among other things, on past convictions, severity of offense, 
and propensity to commit the offense again.
    Comment 4: The terms and conditions of chartering permits should 
include specifics about when the VMS should be turned off and on if 
they are required to use an equivalent system while fishing in foreign 
waters. In addition, in situations where the chartering countries quota 
has been exceeded and a no dead discard provision is in place, the 
United States should stipulate that permit holders will be required to 
seek an exemption from the chartering country before entering into a 
chartering arrangement.
    Response: The terms and conditions of chartering permits will 
describe the specific requirements and allowances of individual 
chartering permits, including: use of VMS, reporting requirements, 
target species and size, quantity of fish landed, gear employed, 
protected species interactions, and so forth. Restrictions in place by 
both flag and chartering nations must be adhered to for the entire 
duration of the agreement and would be considered before permit 
issuance.

Changes From the Proposed Rule

    This rule modifies the regulatory text of the proposed rule that 
published on May 6, 2004, (69 FR 25357) to clarify the reporting 
requirements (submission dates, etc.) for chartering permits.

Classification

    This final rule is published under the authority of the Magnuson-
Stevens Act and ATCA. The Assistant Administrator for Fisheries has 
determined that the regulations contained in this rule are necessary to 
implement the recommendations of ICCAT and to manage the domestic 
Atlantic highly migratory species fisheries.
    Based on the management measures in several proposed rules, 
including the proposed rule for these regulations, a new Biological 
Opinion (BiOp) on the Atlantic pelagic longline (PLL) fishery was 
issued on June 1, 2004. The 2004 BiOp found that the continued 
operation of the fishery was not likely

[[Page 70398]]

to jeopardize the continued existence of loggerhead, green, hawksbill, 
Kemp's ridley, or olive ridley sea turtles, but was likely to 
jeopardize the continued existence of leatherback sea turtles. The 2004 
BiOp identified Reasonable and Prudent Alternatives (RPAs) necessary to 
avoid jeopardizing leatherbacks, and listed the Reasonable and Prudent 
Measures (RPMs) and terms and conditions necessary to authorize 
continued take as part of the revised incidental take statement. On 
July 6, 2004, NMFS published a final rule (69 FR 40734) implementing 
additional sea turtle bycatch and bycatch mortality mitigation measures 
for all Atlantic vessels with PLL gear onboard. NMFS is implementing 
the other RPMs in compliance with the BiOp. On August 12, 2004, NMFS 
published an Advance Notice of Proposed Rulemaking (69 FR 49858) to 
request comments on potential regulatory changes to further reduce 
bycatch and bycatch mortality of sea turtles, as well as comments on 
the feasibility of framework mechanisms to address unanticipated 
increases in sea turtle interactions and mortalities, should they 
occur. NMFS will undertake additional rulemaking and non-regulatory 
actions, as required, to implement any management measures that are 
required under the 2004 BiOp. The actions in this final rule are not 
expected to change the takes of, or interactions with, protected 
species. Incidental takes of, or interactions with, protected species 
that are listed as threatened or endangered under the Endangered 
Species Act taking place under the auspices of a chartering permit 
arrangement will be included against the authorized take levels 
specified in relevant Biological Opinions.
    NMFS has determined that the regulations selected in this final 
rule will be implemented in a manner consistent, to the maximum extent 
practicable, with the enforceable policies of those Atlantic, Gulf of 
Mexico, and Caribbean coastal states that have approved coastal zone 
management programs. The proposed regulations were submitted to the 
responsible state agencies for their review under Section 307 of the 
Coastal Zone Management Act. All of the states that responded found 
NMFS' proposed actions to be consistent with their coastal zone 
management programs. Concurrence is presumed for those states that did 
not respond.
    NMFS has prepared a final regulatory flexibility analysis that 
examined the economic impacts of this action on small entities. The 
purpose of this 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. NMFS is 
authorized to implement ICCAT recommendations under ATCA. ICCAT 
recommendations are part of an international cooperative effort to 
rebuild, conserve, and manage tuna and tuna-like species. The preferred 
alternative outlined in this final rule would satisfy the purpose of 
this rule, to implement the United States' obligation to implement the 
binding conservation and management measures that have been adopted by 
ICCAT. The preferred alternative is consistent with the ICCAT trade 
related recommendations, the ATCA, the Magnuson-Stevens Act, and the 
HMS FMP. A summary of the public comments received and NMFS' responses 
thereto is included in the preamble. No comments were received 
regarding the economic impact of this rule or the initial regulatory 
flexibility analysis.
    As this final rule impacts the trade and importation of HMS (e.g., 
ICCAT regulated species) in the United States and chartering 
arrangements with foreign entities, the regulations will not directly 
impact a specific domestic fishery. However, these 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 in any 
given calender year.
    To address the 2002 and 2003 ICCAT recommendations regarding trade 
measures, two alternatives were prepared: a preferred alternative to 
implement the ICCAT recommendations regarding trade measures and a no 
action alternative that would not implement the recommendations. The no 
action alternative of not implementing the ICCAT trade recommendations 
was not selected because it is not consistent with ATCA. As with the 
preferred alternative the no action alternative would have few, if any, 
economic impacts on small entities.
    The preferred alternative in this final 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 to 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 importers and dealers. 
However, because current and past import levels of these fish species 
from these countries are either low or nonexistent, NMFS does not 
anticipate major positive or negative economic impacts as a result of 
implementing this measure.
    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 number 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 and 
all interactions with protected species outside the United States EEZ 
will be included against the authorized take levels of the relevant 
BiOps. 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 will 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 only one exempted fishing permit exempting vessels from U.S. 
regulations for chartering arrangements has been issued under current 
requirements in the fishery, NMFS does not anticipate any significant 
economic impacts to a substantial number of domestic vessels as a 
result of taking this action.
    NMFS does not anticipate any significant impacts to U.S. entities 
by

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prohibiting the import of ICCAT regulated 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 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 final rule 
and address the management concerns at hand, NMFS cannot exempt small 
entities or change the reporting requirements for small entities. NMFS 
is implementing 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 rule are not practicable. 
Furthermore, this action does not duplicate, overlap, or conflict with 
any other relevant Federal rules.
    This final rule contains new 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 has been cleared by OMB under control number 
0648-0495. 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.
    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 final 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: November 23, 2004.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 635 is amended as 
follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
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.

0
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.
* * * * *

0
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 U.S. vessel owner and a foreign entity (e.g., government, 
company, person) by which the control, use, possession, or services of 
a vessel are secured, for a period of time for fishing targeting 
Atlantic HMS. 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 obtained, the vessel owner must submit catch 
information as specified in the terms and conditions of that permit. 
All catches will be recorded and counted against the applicable quota 
of the Contracting Party to which the chartering foreign entity is a 
member and, unless otherwise provided in the chartering permit, must be 
offloaded in the ports of the chartering foreign entity or offloaded 
under the direct supervision of the chartering foreign entity.
    (iii) If the chartering arrangement terminates before the 
expiration of the charter permit, the vessel owner must notify NMFS 
immediately and in writing, upon termination of the chartering 
arrangement. Such notification requirements shall also apply to 
situations where the chartering arrangement is temporarily suspended 
and during intermittent periods where the vessel may be fishing under 
U.S. quotas for Atlantic HMS.
* * * * *

0
4. In Sec.  635.32, paragraphs (e) and (f) are redesignated as 
paragraphs (f) and (g), respectively, and revised; paragraph (a) is 
revised; and a new paragraph (e) is added to read as follows:


Sec.  635.32  Specifically authorized activities.

    (a) General. (1) Consistent with the provisions of Sec.  600.745 of 
this chapter, except as indicated in this section, NMFS may authorize 
activities otherwise prohibited by the regulations contained in this 
part 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.
    (2) 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 
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.
    (3) 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.

[[Page 70400]]

    (4) Inspection requirements specified in Sec.  635.5(e) 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 Contracting Party 
of which the chartering foreign entity is a member; duration of the 
arrangement; measures adopted by the chartering Contracting Party of 
which the foreign entity is a member to implement ICCAT chartering 
provisions; copies of fishing licenses, permits, and/or other 
authorizations issued by the chartering Contracting Party of which the 
foreign entity is a member for the vessel to fish under the 
arrangement; a copy of the High Seas Fishing Compliance Act Permit 
pursuant to 50 CFR 300.10; documentation regarding interactions with 
protected resources; and documentation regarding the legal 
establishment of the chartering company. To be considered complete, an 
application for a chartering permit for a vessel must include all 
information specified in Sec.  600.745(b)(2) of this chapter and in 
Sec.  635.32(e) and (f).
    (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 ICCAT- regulated 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 ICCAT-regulated 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. Vessels issued a chartering permit shall not be 
authorized to fish under applicable Atlantic Highly Migratory Species 
quotas or entitlements of the United States until the chartering permit 
expires or is terminated.
    (3) 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.
    (4) Observers may be placed on board vessels issued chartering 
permits as specified under Sec.  635.7.
    (5) NMFS will issue a chartering permit only if it determines that 
the chartering arrangement is in conformance with ICCAT's conservation 
and management programs.
    (6) A vessel shall be authorized to fish under only one chartering 
arrangement at a time.
    (7) 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 more frequent basis as necessary, 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 for 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. (1) For EFPs, SRPs, and public display 
permits: Written reports on fishing activities and disposition released 
under a permit issued under this section, must be submitted to NMFS, 
within 5 days of return to port. 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.
    (2) For chartering permits, written reports of fishing activities 
must be submitted to NMFS by a date specified, and to an address 
designated, in the terms and conditions of each chartering permit.
    (3) An annual written summary report of all fishing activities and 
disposition of all fish captured under the permit must be submitted to 
NMFS for all the permits (EFP, SRP, Display, and Chartering Permits) 
listed in this section within 30 days after the expiration date of the 
permit.

0
5. Section 635.45 is revised 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.
    (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.
    (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.
    (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 
that is required to be listed, but 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.
    (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.
    (g) For the purposes of this section, it is a rebuttable 
presumption that any shipment containing swordfish, bluefin tuna, 
bigeye tuna, or their products offered for entry into the United States 
has been harvested by a vessel or vessels of the exporting nation.

0
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:

[[Page 70401]]

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. Sec.  635.4 and 635.32.
* * * * *
    (6) Falsify or fail to record, report, or maintain information 
required to be recorded, reported, or maintained, as specified in 
Sec. Sec.  635.5 and 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 immediately 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 
those defined as the Contracting Party of which the chartering foreign 
entity is a member 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 of which the foreign entity is a 
member or offload catch without the direct supervision of the 
chartering foreign entity 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 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 as specified in Sec.  
635.45.
* * * * *
    (30) Import a bigeye tuna or bigeye tuna product into the United 
States from Bolivia, Cambodia, Equatorial Guinea, Sierra Leone, or 
Georgia as specified in Sec.  635.45.
* * * * *
    (e)* * *
    (16) Import a swordfish or swordfish product into the United States 
from Sierra Leone as specified in Sec.  635.45.
[FR Doc. 04-26719 Filed 12-3-04; 8:45 am]
BILLING CODE 3510-22-S