[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Rules and Regulations]
[Pages 28218-28219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9793]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No.050228049-5122-02; 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: Final rule.

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SUMMARY: NMFS is amending 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). This final rule lifts the trade restrictions on importing 
bigeye tuna (BET) from Cambodia; BET and bluefin tuna (BFT) from 
Equatorial Guinea; and BET, BFT, and swordfish (SWO) from Sierra Leone. 
Additionally, the final rule corrects section reference conflicts 
between two rules that were published in the Federal Register on 
November 17, 2004, and December 6, 2004.

DATES: Effective July 2, 2005.

ADDRESSES: Copies of the Fishery Management Plan for Atlantic Tunas, 
Swordfish and Sharks and other relevant documents are 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 include, but are not limited to, 04-13, 04-
14, and 04-15. NMFS issued a proposed rule on March 8, 2005 (70 FR 
11190), to implement these recommendations. Details regarding the 
recommendations and the section reference corrections are described in 
the proposed rule and are not repeated in this final rule.

Response to Comments

    NMFS received a comment from one individual prior to the closing 
date of the comment period for the proposed rulemaking, which ended on 
April 7, 2005. This individual's comments are summarized below with the 
response.
    Comment: The United States should not encourage overfishing 
anywhere in the world. All tuna quotas should be reduced by 50 percent 
this year and by ten percent each year thereafter.
    Response: The United States works closely with ICCAT to develop 
science-based management advice to rebuild all stocks of Atlantic tuna 
and tuna-like species. The United States implements quotas for Atlantic 
tuna and tuna-like species that are consistent with ICCAT 
recommendations. Additionally, the United States has measures in place 
to address any overharvest of the annual quotas for Atlantic tunas.

Changes from the Proposed Rule

    There are no changes from the proposed rule (March 8, 2005, 70 FR 
11190).

Classification

    This final 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 determined that the 
regulations contained in this final rule are necessary to implement the 
recommendations of ICCAT and to manage the domestic Atlantic highly 
migratory species fisheries.
    NMFS has determined that this final rule would not have significant 
economic, environmental, or social impacts as defined in the National 
Environmental Policy Act (NEPA). Therefore, it is categorically 
excluded from the need to prepare an Environmental Assessment.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS has determined 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. 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 (Delaware, New Hampshire, Pennsylvania, Texas, 
and Virginia) found NMFS' proposed actions to be consistent with their 
coastal zone management programs. Concurrence is presumed for those 
states that did not respond.
    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 during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. No comments were received regarding this certification. As a 
result, a regulatory flexibility analysis was not required and none was 
prepared.
    The NMFS has determined that fishing activities conducted under 
this rule will have no adverse impact on marine mammals.
    The fishing activities conducted pursuant to this rule will not 
affect endangered or threatened species or critical habitat under the 
Endangered Species Act. This action is not likely to result in any 
significant changes to the quantity of BET, BFT, and SWO imported from 
Cambodia, Equatorial Guinea, and Sierra Leone, as past import levels 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, 
Penalties, Reporting and recordkeeping requirements, Treaties.

    Dated: May 11, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, 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.  635.41, paragraphs (a) and (b) are removed; paragraphs (c) 
through (g) are redesignated as paragraphs (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,

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harvested by a vessel under the jurisdiction of Bolivia or Georgia will 
be denied entry into the United States.
* * * * *

0
3. In Sec.  635.71, paragraphs (b)(26) and (e)(16) are removed; 
paragraphs (b)(27) through (b)(30) are redesignated as paragraphs 
(b)(26) through (b)(29); and paragraphs (a)(24), (a)(45) through 
(a)(47), and newly redesignated paragraph (b)(29) are 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.  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. 05-9793 Filed 5-16-05; 8:45 am]
BILLING CODE 3510-22-S