[Federal Register Volume 75, Number 68 (Friday, April 9, 2010)]
[Rules and Regulations]
[Pages 18110-18113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8134]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 0907141130-0112-02]
RIN 0648-AX80


Antarctic Marine Living Resources; Use of Centralized-Vessel 
Monitoring System and Importation of Toothfish; Re-export and Export of 
Toothfish; Applications for Krill Fishing; Regulatory Framework for 
Annual Conservation Measures

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

ACTION: Final rule.

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SUMMARY:  NMFS (on behalf of the Secretary of Commerce) issues this 
final rule to facilitate conservation and management of Antarctic 
Marine Living Resources (AMLR). The regulations: further detail current 
U.S. requirements to only allow importation and/or re-exportation of 
frozen toothfish or toothfish product with verifiable documentation 
that the harvesting vessel participated in the Centralized-Vessel 
Monitoring System (C-VMS) regardless of where the fish was harvested; 
revise the NMFS catch-documentation requirements for re-exporting 
toothfish and add requirements for exporting U.S.-caught toothfish; 
require applicants for an AMLR harvesting permit for krill to apply to 
NMFS no later than June 1 preceding the harvesting season for krill; 
and rescind the existing regulatory framework for annual management 
measures. The intent of the rule is to further detail requirements for 
importing and re-exporting toothfish, to facilitate enforcement, to 
fulfill U.S. obligations in the Commission on the Conservation of 
Antarctic Marine Living Resources (CCAMLR), and to simplify the process 
for informing the public of annual conservation measures.

DATES: This final rule is effective May 10, 2010.

ADDRESSES:  Alan Risenhoover, Director, NMFS Office of Sustainable 
Fisheries, Attn: CCAMLR Rulemaking, 1315 East-West Highway, SSMC3, 
Silver Spring, MD 20910.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to Alan Risenhoover at the address 
specified above and also to the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Washington, DC 20503 
(Attention: NOAA Desk Officer) or e-mail to [email protected], 
or fax to (202) 395-7825.
    This Federal Register document is also accessible via the Internet 
at: http://www.access.gpo.gov/su-docs/aces/aces140.html.

FOR FURTHER INFORMATION CONTACT: Robert Gorrell at 301-713-2341 or via 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: NMFS published the proposed rule for this 
action in the Federal Register on November 27, 2009 (74 FR 62278), with 
a public comment period through December 28, 2009. NMFS received only 
one comment and it was outside the scope of the rulemaking. Because no 
substantive comments on the proposed rule were received and because no 
new information dictates otherwise, no changes have been made to the 
regulatory text published in the proposed rule.

Background

    U.S. participation in Antarctic fisheries, and in the trade of 
species managed by the Commission for the Conservation of Antarctic 
Marine Living Resources (CCAMLR), is managed under the authority of the 
Antarctic Marine Living Resources Convention Act of 1984 (Act) codified 
at 16 U.S.C. 2431 et seq. NMFS implements conservation measures 
developed by CCAMLR and adopted by the United States, through 
regulations at 50 CFR part 300, subpart G. Changes to the existing 
regulations are necessary to facilitate compliance, to incorporate new 
conservation measures, to facilitate enforcement of new and existing 
conservation measures, and to simplify the process for informing the 
public of annual conservation measures.
    This final rule further details current U.S. requirements to only 
allow importation and/or re-exportation of frozen toothfish or 
toothfish product with verifiable documentation that the harvesting 
vessel participated in the Centralized-Vessel Monitoring System (C-VMS) 
regardless of where the fish was harvested. This final rule also 
revises the NMFS catch-documentation requirements for re-exporting 
toothfish and adds requirements for exporting U.S.-caught toothfish. In 
addition, this final rule requires applicants for an AMLR harvesting 
permit for krill to apply to NMFS no later than June 1 preceding the 
harvesting season for krill. Lastly, this final rule rescinds the 
existing regulatory framework for annual management measures. Some 
discussion of these measures appears below, but for a more detailed 
discussion of these measures, please see the preamble to the proposed 
rule published on November 27, 2009 (74 FR 62278).

Importing and/or Re-exporting Toothfish

    This final rule does not change current requirements for U.S. 
vessels harvesting AMLR to use real-time centralized VMS (or C-VMS) and 
for dealers seeking preapproval to import toothfish into the United 
States to submit to NMFS verifiable documentation of C-VMS use. NMFS 
will use the information submitted by dealers seeking to import frozen 
Dissostichus spp. into the U.S. market to verify that the harvesting 
vessel was reporting its positions, via real-time centralized VMS (or 
C-VMS), from the time the vessel left port to the time that the vessel 
returned to port and at all points in between (i.e., port-to-port).
    This final rule adds definitions for ``Centralized Vessel 
Monitoring System (C-VMS)'', ``port-to-port'', and ``real-time'' and 
further details the U.S. requirement that importation, re-exportation, 
and/or exportation of frozen toothfish is allowed only with verifiable 
documentation that the harvesting vessel participated in real-time C-
VMS port-to-port. Shipments of frozen Dissostichus spp. are required to 
have such verifiable documentation except where the Dissostichus spp. 
being shipped was harvested during a fishing trip that began prior to 
September 24, 2007.
    Also, the existing definition of ``Vessel Monitoring System (VMS)'' 
is revised to clarify that the VMS system that uses a mobile 
transceiver unit on board foreign-flagged vessels does not need to be 
approved by NMFS. Similarly, the heading for existing Sec.  300.116 
``Requirements for a vessel monitoring system'' is revised to read 
``Requirements for a vessel monitoring system for U.S. vessels''.
    This final rule revises the catch-documentation requirements for 
re-

[[Page 18111]]

exporting toothfish by clarifying that the application for a 
Dissostichus species re-export document must identify: (1) the 
container number for the shipment if the shipment is to be re-exported 
by vessel; (2) the flight number and airway bill/bill of lading if the 
shipment is to be re-exported by air; (3) the truck registration number 
and nationality if the shipment is to be re-exported by ground 
transportation; or (4) the railway transport number if the shipment is 
to be re-exported by rail. This final rule makes clear that the 
exporter would receive an electronically-generated Dissostichus species 
re-export document.
    This final rule also adds a new paragraph Sec.  300.107(c)(7) 
identifying reporting and recordkeeping requirements for exports of 
Dissostichus species. These requirements are nearly identical to 
requirements for re-exports and pertain to U.S.-caught toothfish that 
dealers want to export.

Krill Fishing

    This final rule requires applicants for an AMLR harvesting permit 
for krill to submit an application to the Assistant Administrator for 
Fisheries, NMFS, no later than June 1 prior to the krill season opening 
on December 1 of the same year (see Harvesting Permits, Sec.  300.112). 
In addition to the information already required of an applicant for an 
AMLR harvesting permit, the applicant for a permit to harvest krill is 
required by this final rule to identify, to the extent possible, the 
products to be derived from the anticipated catch of krill.

Framework for Annual Measures

    This final rule rescinds the existing regulatory framework for 
annual management measures to ease the administrative burden and cost 
of publishing conservation measures that are readily available on the 
CCAMLR website at http://www.ccamlr.org. If the United States should 
formally object to any conservation measure adopted by CCAMLR, notice 
of that objection will be published in the Federal Register. NMFS will 
publish in the Federal Register any regulatory measure that it believes 
is necessary to implement its responsibilities under the Antarctic 
Marine Living Resources Convention Act of 1984 and may implement 
conservation measures adopted by CCAMLR either through the imposition 
of permit conditions or through rulemaking, as appropriate.

Changes From the Proposed Rule

    There are no changes from the proposed rule.

Classification

    The Antarctic Marine Living Resources Convention Act of 1984
    The Assistant Administrator for Fisheries, NMFS, determined that 
this final rule is consistent with the Antarctic Marine Living 
Resources Convention Act of 1984, codified at 16 U.S.C. 2431 et seq.

Executive Order 12866

    The final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Regulatory Flexibility Act (RFA)

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) during the proposed rule stage that this action 
would not have a significant economic impact on a substantial number of 
small entities. The factual basis for this determination is as follows:
    This final rule further details current U.S. requirements to 
only allow importation and/or re-exportation of frozen toothfish or 
toothfish product with verifiable documentation that the harvesting 
vessel participated in the C-VMS regardless of where the fish was 
harvested; revise the NMFS catch-documentation requirements for re-
exporting toothfish and add requirements for exporting U.S.-caught 
toothfish; require applicants for an AMLR harvesting permit for 
krill to apply to NMFS no later than June 1 preceding the harvesting 
season for krill; and rescind the existing regulatory framework for 
annual management measures.
    During the past several years, there have been 5 vessels (2 for 
toothfish, 2 for krill, and 1 for crab) and 80 dealers who could 
fall within the scope of NMFS regulations to implement CCAMLR 
conservation measures. All U.S. vessels and U.S. dealers are 
considered small entities under the ``Small Business Size 
Regulations'' established by the SBA under 13 CFR 121.201. However, 
the only costs associated with this rulemaking are for: (1) dealers 
providing mode-of-shipment information on applications for toothfish 
re-export and export documents; and (2) for applicants for krill 
harvesting permits to provide information on the products to be 
derived from krill catch. The costs and time associated with these 
requirements is de minimis. The C-VMS aspects of the rule would not 
change current practices and rescinding the framework for annual 
measures would not impose any economic impact on small business 
entities.
    No comments were received regarding this certification. As a 
result, a regulatory flexibility analysis was not required and none has 
been prepared.

Paperwork Reduction Act (PRA)

    This final rule contains two new collection-of-information 
requirements subject to review and approval by the Office of Management 
and Budget (OMB) under the PRA: providing mode-of-shipment information 
on applications for toothfish re-export documents; and providing 
information, to the extent possible, on the products to be derived from 
krill catch on applications for krill harvesting permits. These 
collection-of-information requirements have been approved by OMB under 
OMB Control Number 0648-0194 and these new requirements are not 
expected to change the currently approved burden under OMB Control 
Number 0648-0194 of 294 hours.
    Notwithstanding any other provision of 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 PRA 
requirements unless that information collection displays a currently 
valid OMB control number.

List of Subjects in 50 CFR Part 300

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

    Dated: April 6, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
For the reasons set out in the preamble, 50 CFR part 300, subpart G is 
amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart G--Antarctic Marine Living Resources

0
1. The authority citation for 50 CFR part 300, subpart G, continues to 
read as follows:

    Authority: 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.

0
2. In Sec.  300.101, the definitions of ``Centralized Vessel Monitoring 
System (C-VMS)'', ``Port-to-port'', and ``Real-time'' are added in 
alphabetical order, and the definition of ``Vessel Monitoring System 
(VMS)'' is revised, to read as follows:


Sec.  300.101  Definitions.

* * * * *
    Centralized Vessel Monitoring System (C-VMS) means a system that 
uses satellite-linked vessel monitoring devices to allow for the 
reporting of vessel positional data, either directly to the CCAMLR 
Secretariat or to the CCAMLR Secretariat through the relevant Flag 
State.
* * * * *
    Port-to-port means from the time the vessel leaves port to the time 
that the

[[Page 18112]]

vessel returns to port and at all points in between.
    Real-time means as soon as possible, but at least every 4 hours 
with no more than a 4-hour delay.
* * * * *
    Vessel Monitoring System (VMS) means a system that uses a mobile 
transceiver unit on vessels that take AMLR, and that allows a Flag 
State, through the installation of satellite-tracking devices on board 
its fishing vessels, to receive automatic transmission of positional 
and other information, consistent with relevant CCAMLR conservation 
measures.

0
3. In Sec.  300.107, paragraphs (a)(4), (c)(5)(i) introductory text, 
(c)(5)(i)(A), (c)(5)(iii), and (c)(6) are revised, and new paragraph 
(c)(7) is added, to read as follows:


Sec.  300.107  Reporting and recordkeeping requirements.

* * * * *
    (a) * * *
    (4) Install a NMFS approved VMS unit on board U.S. vessels 
harvesting AMLR for use in real-time C-VMS port-to-port reporting to a 
NMFS-designated land-based fisheries monitoring center or centers. The 
requirements for the installation and operation of the VMS are set 
forth in Sec.  300.116.
* * * * *
    (c)* * *
    (5)* * *
    (i)In order to import frozen Dissostichus species into the United 
States, any dealer must:
    (A) Submit a preapproval application including the document number 
and export reference number on the DCD corresponding to the intended 
import shipment and, if necessary, additional information for NMFS to 
verify the use of real-time C-VMS port-to-port regardless of where the 
fish were harvested; and receive preapproval from NMFS.
* * * * *
    (iii) Any dealer who imports fresh Dissostichus species must 
complete a report of each shipment and submit the report to NMFS within 
24 hours following importation. Verification of the use of real-time C-
VMS port-to-port is not required for imports of fresh Dissostichus 
species.
* * * * *
    (6) Re-export. (i) In order to re-export Dissostichus species, any 
dealer must:
    (A) Submit to NMFS a completed paper-based NMFS application for a 
Dissostichus re-export document that includes the following 
information:
    (1) The species, product type, and amount from the original DCD(s) 
that is requested for export in the particular export shipment;
    (2) The number of the original DCD(s);
    (3) The name and address of the importer and point of import for 
the original import into the United States, or by submitting a copy of 
the preapproval issued for the original import;
    (4) One of the following:
    (i) The Container Number for the shipment if shipment is to be re-
exported by vessel;
    (ii) The Flight Number and Airway Bill/Bill of Lading if shipment 
is to be re-exported by air;
    (iii) The Truck Registration Number and Nationality if shipment is 
to be re-exported by ground transportation; or
    (iv) The Railway Transport Number if shipment is to be re-exported 
by rail.
    (5) The dealer/exporter's name, address, and AMLR permit number; 
and
    (6) The dealer's signature.
    (B) Obtain validation by a responsible official(s) designated by 
NMFS and receive an electronically-generated Dissostichus re-export 
document.
    (ii) For frozen Dissostichus species, re-export documents will be 
generated upon verification of the use of real-time C-VMS port-to-port 
except for Dissostichus species harvested during fishing trips that 
began prior to September 24, 2007.
    (iii) Dealers must include the original validated Dissostichus re-
export document with the re-export shipment.
    (iv) Any dealer who re-exports Dissostichus species must retain a 
copy of the re-export document at his/her place of business for a 
period of 2 years from the date on the DCD.
    (7) Export. (i) In order to export U.S.-harvested Dissostichus 
species, any dealer must:
    (A) Submit to NMFS a completed paper-based NMFS application for a 
Dissostichus export document that includes the following information:
    (1) The species, product type, and amount from the original DCD(s) 
that is requested for export in the particular export shipment;
    (2) The number of the original DCD(s);
    (3) One of the following:
    (i) The Container Number for the shipment if shipment is to be 
exported by vessel;
    (ii) The Flight Number and Airway Bill/Bill of Lading if shipment 
is to be exported by air;
    (iii) The Truck Registration Number and Nationality if shipment is 
to be exported by ground transportation; or
    (iv) The Railway Transport Number if shipment is to be exported by 
rail.
    (4) The dealer/exporter's name, address, and AMLR permit number;
    (5) For frozen Dissostichus species, verification of the use of 
real-time C-VMS port-to-port except for Dissostichus species harvested 
during fishing trips that began prior to September 24, 2007; and
    (6) The dealer's signature.
    (B) Obtain validation by a responsible official(s) designated by 
NMFS and receive an electronically-generated Dissostichus export 
document.
    (ii) Dealers must include the original validated Dissostichus 
export document with the export shipment.
    (iii) Any dealer who exports Dissostichus species must retain a 
copy of the export document at his/her place of business for a period 
of 2 years from the date on the DCD.

0
4. Section 300.111 is removed and reserved.


Sec.  300.111  [Amended]

0
5. In Sec.  300.112 paragraph (c) is revised to read as follows:


Sec.  300.112  Harvesting permits.

* * * * *
    (c) Application. Application forms for harvesting permits are 
available at www.nmfs.noaa.gov.gpea_forms.htm.
    (1)A separate fully completed and accurate application must be 
completed and received by NMFS for each vessel for which a harvesting 
permit is requested.
    (2) Applications for permits to harvest species other than krill 
must be received by NMFS at least 90 days before the date anticipated 
for the beginning of harvesting.
    (3)Applications for a permit to harvest krill must be received by 
NMFS no later than June 1 immediately prior to the season in which the 
harvesting would occur. The applications must, to the extent possible, 
identify the products to be derived from the anticipated krill catch.
* * * * *

0
6. In Sec.  300.114 paragraph (d) is revised to read as follows:


Sec.  300.114  Dealer permits and preapproval.

* * * * *
    (d) Issuance. NMFS may issue a dealer permit or preapproval if it 
determines that the activity proposed by the dealer meets the 
requirements of the Act and that the resources were not or will not be 
harvested in violation of any CCAMLR conservation measure or in 
violation of any regulation in this subpart. No preapproval will be 
issued for Dissostichus species without verifiable documentation, to 
include VMS reports with vessel location and messages, of the use of 
real-time C-VMS

[[Page 18113]]

port-to-port by the vessel that harvested such Dissostichus species, 
except for Dissostichus species harvested during fishing trips that 
began prior to September 24, 2007.
* * * * *

0
7. In Sec.  300.116 the heading is revised to read as follows:


Sec.  300.116  Requirements for a vessel monitoring system for U.S. 
vessels.

* * * * *

0
8. In Sec.  300.117 paragraph (bb)(9) is revised and paragraphs (gg) 
and (hh) are added to read as follows:


Sec.  300.117  Prohibitions.

* * * * *
    (bb)* * *
    (9) Fail to use real-time C-VMS port-to-port on board U.S. vessels 
harvesting AMLR in the Convention Area.
* * * * *
    (gg) Harvest any AMLR in Convention waters without a harvesting 
permit required by this subpart.
    (hh) Ship, transport, offer for sale, sell, purchase, import, 
export, re-export or have custody, control, or possession of, any 
frozen Dissostichus species without verifiable documentation of the use 
of real-time C-VMS port-to-port by the vessel that harvested such 
Dissostichus species unless the Dissostichus species was harvested 
during a fishing trip that began prior to September 24, 2007.
[FR Doc. 2010-8134 Filed 4-8-10; 8:45 am]
BILLING CODE 3510-22-S