[Federal Register Volume 70, Number 44 (Tuesday, March 8, 2005)]
[Proposed Rules]
[Pages 11190-11192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4477]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 050228049-5049-01; I.D. 021105C]
RIN 0648-AT05


Atlantic Highly Migratory Species; Lifting 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 2004 meeting of the 
International Commission for the Conservation of Atlantic Tunas 
(ICCAT). The proposed rule would lift the trade restrictions on 
importing bigeye tuna (BET) from Cambodia; the ban on importing BET and 
bluefin tuna (BFT) from Equatorial Guinea; and the ban on importing 
BET, BFT, and swordfish (SWO) from Sierra Leone. Additionally, the 
proposed rule would also correct section reference conflicts between 
two rules that were published in the Federal Register on November 17, 
2004, and December 6, 2004.

DATES: Written comments on the proposed rule must be received by 5 p.m. 
on April 7, 2005.
    The public hearing will be held on March 21, 2005, from 2:45 p.m. 
to 5 p.m.

ADDRESSES: The public hearing will be held at the Holiday Inn, 8777 
Georgia Avenue, Silver Spring, MD 20910.
    Written comments on the proposed rule may be submitted to 
Christopher Rogers, Chief, Highly Migratory Species Management 
Division:
     Email: [email protected]
     Mail: 1315 East-West Highway, Silver Spring, MD 20910. 
Please mark the outside of the envelope ``Comments on Proposed Rule for 
Lifting Trade Restrictive Measures.''
     Fax: 301-713-1917.
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Include in the subject line the following identifier: I.D. 021105C.
    Copies of the Fishery Management Plan for Atlantic Tunas, Swordfish 
and Sharks and other relevant documents are also available from the 
Highly Migratory Species Management Division website at 
www.nmfs.noaa.gov/sfa/hms.

FOR FURTHER INFORMATION CONTACT: Megan Gamble, 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 from 2004

[[Page 11191]]

include but are not limited to, 04-13, 04-14, and 04-15.

Trade Measures

    In 1999, 2000, and 2002, ICCAT found, based on available 
information, that Equatorial Guinea, Sierra Leone, and Cambodia were 
engaged in fishing activities that diminish the effectiveness of ICCAT 
conservation and management measures (Recommendations from 1999 and 
2000, 02-19, and 00-15, respectively). Thus, ICCAT previously 
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 and BFT from Equatorial 
Guinea; BET, BFT, and SWO from Sierra Leone; and Atlantic BET from 
Cambodia. NMFS promulgated regulations prohibiting the import of these 
species from these countries in 2000, 2002, and 2004.
    During the 2004 meeting, ICCAT determined that Sierra Leone, 
Equatorial Guinea, and Cambodia have changed their fishing practices to 
be consistent with ICCAT conservation and management measures and 
recommended the import prohibitions be lifted on all three countries. 
Specifically, ICCAT Recommendation 04-14 lifts the trade restriction on 
importing Atlantic BET and BFT from Equatorial Guinea. In reaching this 
decision, ICCAT considered the actions taken by Equatorial Guinea to 
cancel the licenses and flags of large-scale longline vessels 
previously found participating in unreported and unregulated catches of 
tuna in the Convention Area. ICCAT also considered the information 
presented by Equatorial Guinea guaranteeing compliance with ICCAT 
conservation and management measures. This proposed rule would lift the 
restrictions on importing BET from Equatorial Guinea implemented on 
November 20, 2002, (67 FR 70023) and BFT implemented on December 12, 
2000 (65 FR 77523).
    Further, ICCAT recommends removing the trade restrictions on the 
import of Atlantic BET, BFT, and SWO from Sierra Leone (Recommendation 
04-13). The Commission recognized that Sierra Leone addressed concerns 
regarding data reporting, developed a monitoring and control plan, and 
deregistered a vessel previously identified as conducting illegal, 
unregulated, and unreported (IUU) fishing in the Convention area. In 
this action, NMFS proposes to lift the import restrictions on Atlantic 
BET, BFT, and SWO from Sierra Leone implemented on December 6, 2004 (69 
FR 70396).
    Finally, ICCAT Recommendation 04-15 removes the trade restrictive 
measures on importing BET from Cambodia. The Commission recognized the 
efforts made by Cambodia to deregister vessels previously identified as 
conducting IUU fishing activities in the Convention Area, change 
registry companies, and not authorize other vessels to fish in the 
Convention Area. This rule proposes to lift the trade restrictions on 
importing BET from Cambodia implemented on November 20, 2002 (67 FR 
70023).

Section Reference Correction

    This action proposes to correct section reference conflicts between 
two rules that were published in the Federal Register in late 2004. A 
final rule implementing BET statistical documents was published on 
November 17, 2004 (69 FR 67284), and will be effective on July 1, 2005. 
This rule removes Sec.  635.41 Species Subject to Documentation 
Requirements and re-designates the content of Sec.  635.45 Products 
Denied Entry as Sec.  635.41, so that Sec.  635.41 will address 
Products Denied Entry. A second final rule implementing trade 
restrictive measures and establishing chartering permits published on 
December 6, 2004 (69 FR 70401), and was effective on January 5, 2005, 
and contains references to Sec.  635.45 Productions Denied Entry that 
will be overwritten when the first rule becomes effective on July 1, 
2005. References to Sec.  635.45 Productions Denied Entry are re-
designated as Sec.  635.41 Productions Denied Entry in this proposed 
rule.

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 this proposed rule. This hearing will be physically 
accessible to people with disabilities. Requests for sign language 
interpretation or other auxiliary aids should be directed to Megan 
Gamble at (301) 713-2347 at least 5 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, 16 U.S.C. 1801 et. seq., and ATCA, 16 U.S.C. 971 
et. seq. 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.
    NMFS has preliminarily determined that this proposed rule would not 
have significant economic, environmental, or social impacts as defined 
in NEPA. It is categorically excluded from the need to prepare an 
Environmental Assessment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS has determined preliminarily that these regulations would be 
implemented in a manner consistent to the maximum extent practicable 
with the enforceable provisions of the coastal zone management programs 
of those Atlantic, Gulf of Mexico, and Caribbean states. Letters have 
been sent to the relevant states asking for their concurrence.
    This action does not contain policies with federalism implications 
under Executive Order 13132.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The small entities are identified as the 466 dealers with a permit to 
buy or sell Atlantic BET, BFT, or SWO. Lifting the trade restrictions 
on Cambodia, Equatorial Guinea, and Sierra Leone would have an 
insignificant impact on the dealers because no tuna or tuna-like 
species were imported from these states prior to the ban and none was 
expected to be imported in the future. Thus there will likely be no 
positive or negative economic impact on the dealers.
    From 1989 to 2002, the United States did not import any Atlantic 
BET from Cambodia or Equatorial Guinea. From 1989 to 2000, there were 
no imports of BFT from Equatorial Guinea. There were also no imports of 
Atlantic BET, BFT, or SWO from Sierra Leone from 1989 to 2004. If the 
trade restrictions are lifted from these countries, the import of BET, 
BFT, or SWO from any of the three countries is expected to be low or 
non-existent. As a result, the proposed measures are not expected to 
have a significant economic impact on a substantial number of small 
entities and an initial regulatory flexibility analysis is not required 
and has not been prepared.
    The fishing activities conducted pursuant to this rule will not 
affect endangered or threatened species or critical habitat under 
Endangered Species Act. This action is not likely to result in any 
significant changes to the

[[Page 11192]]

quantity of BET, BFT, and SWO imported from Cambodia, Equatorial 
Guinea, and Sierra Leone, as past import level of these fish species 
from these countries are low or nonexistent.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Treaties.

    Dated: March 3, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, 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.  635.41, paragraphs (a) and (b) are removed, paragraphs 
(c) through (g) are re-designated as paragraph (a) through (e)and newly 
redesignated paragraph (a) is revised to read as follows:


Sec.  635.41  Products Denied Entry.

    (a) All shipments of Atlantic bigeye tuna, or its products, in any 
form, harvested by a vessel under the jurisdiction of Bolivia or 
Georgia will be denied entry into the United States.
* * * * *
    3. In Sec.  635.71, paragraphs (b)(26) and (e)(16) are removed, 
paragraphs (b)(27) through (b)(30) are redesignated as (b)(26) through 
(b)(29), and paragraphs (a)(24), and (a)(45) through (a)(47), and newly 
redesignated paragraph (b)(29) is revised to read as follows:


Sec.  635.71  Prohibitions.

* * * * *
    (a) * * *
    (24) Import, or attempt to import, any fish or fish products 
regulated under this part in a manner contrary to any import 
requirements or import restrictions specified at Sec. Sec.  635.40 or 
635.41.
* * * * *
    (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.  635.41(b).
    (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.  635.41(c).
    (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.  635.41(d).
    (b) * * *
    (29) Import a bigeye tuna or bigeye tuna product into the United 
States from Bolivia or Georgia as specified in Sec.  635.41.
* * * * *
[FR Doc. 05-4477 Filed 3-7-05; 8:45 am]
BILLING CODE 3510-22-S