[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Rules and Regulations]
[Pages 52259-52261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21318]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 300 and 635
[Docket No. 120510051-2335-02]
RIN 0648-BC16
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: This final rule lifts the trade restrictions on importing
bigeye tuna from Bolivia and Georgia to implement a recommendation
adopted at the 2011 meeting of the International Commission for the
Conservation of Atlantic Tunas (ICCAT). Additionally, this rule changes
the regulations containing species-specific harmonized tariff codes to
be consistent with recent changes adopted by the U.S. International
Trade Commission (ITC).
DATES: Effective September 28, 2012.
FOR FURTHER INFORMATION CONTACT: Tom Warren at 978-281-9260.
SUPPLEMENTARY INFORMATION: The U.S. Atlantic tuna fisheries are managed
under the 2006 Consolidated Highly Migratory Species Fishery Management
Plan and regulations at 50 CFR part 635, pursuant to the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), and the Atlantic Tunas Convention Act (ATCA). Under ATCA,
the Secretary shall promulgate such regulations as may be necessary and
appropriate to carry out ICCAT Recommendations.
[[Page 52260]]
Trade Measures
In 2002 and 2003, ICCAT adopted binding measures for Parties to
prohibit imports of Atlantic bigeye tuna and its products from Bolivia
and Georgia. Specifically, Recommendations 02-17 and 03-18 prohibited
the imports to address illegal, unreported, and unregulated catches of
tuna (especially bigeye tuna) by large-scale Bolivian and Georgian
longline vessels respectively, because they operated in a manner that
diminished the effectiveness of ICCAT measures. Recommendation 02-17
expressed concern regarding the overfished status of bigeye tuna in the
Atlantic Ocean and noted ICCAT had reviewed information that Bolivian
vessels fishing for Atlantic bigeye tuna had continued to operate in a
manner that diminished the effectiveness of ICCAT conservation and
management measures. Similarly, Recommendation 03-18 expressed concern
regarding the overfished status of bigeye tuna in the Atlantic Ocean
and stated that Georgian vessels had continued to operate in a manner
that diminished the effectiveness of ICCAT conservation and management
measures. In 2004, NMFS published a final rule (69 FR 70396; December
6, 2004) that implemented these ICCAT recommendations. When the import
prohibitions were implemented in the 2004 final rule, neither Bolivia
nor Georgia had exported Atlantic bigeye tuna to the United States in
the previous 10 years; therefore, NMFS determined that the import
prohibitions would have no socioeconomic impact on fishery
participants.
At its 2011 annual meeting, ICCAT examined recent actions of
Bolivia and Georgia, and determined that the actions of their vessels
no longer diminish the effectiveness of ICCAT's conservation and
management measures. Some of the relevant considerations were as
follows: (1) Bolivia and Georgia have been responsive to ICCAT requests
for information on actions taken to control their vessels; (2) Since
2006, Bolivia has not registered any fishing vessels to carry out
fishing-related activities in the Convention area, and information
available to ICCAT has indicated that Bolivia has not fished for ICCAT
species in recent years; and (3) Georgia has recently taken action to
de-register those of its vessels fishing without authorization in the
Convention area and has considered increased participation in the work
of ICCAT.
Thus, ICCAT adopted Recommendation 11-19, which requires Parties to
lift import prohibitions on Atlantic bigeye tuna from Bolivia and
Georgia as soon as possible in accordance with domestic procedures.
Therefore, on June 26, 2012, NMFS published a proposed rule to remove
the Atlantic bigeye tuna import prohibitions from Bolivia and Georgia
(77 FR 38030), and provided a 30-day public comment period, which ended
July 26, 2012. Because there were no imports of Atlantic bigeye tuna
from these countries prior to the implementation of the prohibitions,
and because NMFS does not expect imports in the future, NMFS does not
expect that lifting the prohibitions will result in socioeconomic
impacts on U.S. traders.
Consistent with the regulations at 50 CFR Sec. 635.40(c), for one
year after the date of filing of the final rule lifting the import
restrictions, every shipment that previously was subject to the import
restrictions will continue to be denied entry unless the shipment is
accompanied by a certification executed by an authorized official of
the country of export and authenticated by a consular officer or
consular agent of the United States certifying that no portion of the
shipment is composed of fish taken prior to or during the import
restriction.
Harmonized Tariff Codes
The June 26, 2012, proposed rule also included administrative
changes in support of the International Trade Permit program.
Importers, exporters and re-exporters of Atlantic, Pacific, and
Southern bluefin tuna, swordfish, frozen bigeye tuna, and shark fins
must obtain an International Trade Permit consistent with regulations
at 50 CFR 300, subpart M. Permit holders must include the species-
specific harmonized tariff codes on the necessary trade documentation
when trading these species. The Harmonized System is an international
product nomenclature system developed by the World Customs
Organization. It is updated every 5 years, and the most recent update
occurred in 2012, with subsequent modifications to the Harmonized
Tariff Schedule of the United States. Thus, the section of the
regulations that include harmonized tariff codes for highly migratory
species products located at 50 CFR 300.184 is being changed
accordingly. These changes are not expected to have economic impacts
and are necessary to maintain consistency with current trade
regulations and to ensure that permit holders have the most recent
information in order to simplify compliance with the regulations. The
Harmonized Tariff Schedule (HTS) of the United States is published by
the ITC. The chapter pertaining to fish, including Highly Migratory
Species (HMS), is available at the following Web site: http://www.usitc.gov/publications/docs/tata/hts/bychapter/1202C03.pdf.
Responses to Public Comments
NMFS received two written comments on the proposed rule during the
public comment period.
Comment 1: The commenter opposed the regulatory changes, and
suggested that Bolivia and Georgia ``keep their fish''.
Response: If importers determine it is feasible and economically
beneficial to import bigeye tuna from Bolivia or Georgia, they are now
legally free to do so consistent with a binding decision made at the
relevant international regional fishery management organization
(ICCAT). That said, NMFS does not anticipate any imports as a result of
this change.
Comment 2: The commenter noted that the regulations containing
excerpts of the Harmonized Tariff Schedule (for HMS) exclude fresh
bigeye tuna and yellowfin tuna and suggested that NMFS investigate the
issue due to concerns about illegal, unregulated, and unreported (IUU)
fishing and trade in these species.
Response: The commenter stated that the regulations contain
``excerpts of the Harmonized Tariff Schedule.'' To clarify, the
regulations will no longer ``excerpt'' the Harmonized Tariff Schedule.
Instead, the revised regulations will simply list the fish and fish
products that are subject to reporting requirements. The commenter
notes that fresh bigeye tuna and yellowfin tuna are not among the
species subject to the reporting requirements. NMFS includes on the
list at Sec. 300.184 those species that are subject to trade tracking
and documentation requirements by one or more regional fishery
management organizations (RFMO), including ICCAT. Yellowfin and fresh
bigeye tuna currently are not the subject of such reporting
requirements and thus are not on the list of species. NMFS will
continue to consider this issue as part of international discussions on
IUU fishing and in conjunction with future requests to the ITC, to help
determine whether additional tracking measures and attendant additional
HTS codes are needed in the future.
Classification
Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
necessary for the conservation and management of the Atlantic highly
migratory species
[[Page 52261]]
fishery, and is consistent with the 2006 Consolidated HMS FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
The Chief Council for Regulation of the Department of Commerce
certified to the Chief Council for Advocacy of the Small Business
Administration at the proposed rule stage that this rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. None of the public comments submitted to NMFS addressed
the certification, and no new information has become available that
would change this determination. As a result, a final regulatory
flexibility analysis is not required and none has been prepared.
List of Subjects
50 CFR Part 300
Antarctica, Canada, Exports, Fish, Fisheries, Fishing, Imports,
Indians, Labeling, Marine resources, Reporting and recordkeeping
requirements, Russian Federation, Transportation, Treaties, Wildlife.
50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.
Dated: August 23, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 300 and 635
are amended as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
0
1. The authority citation for part 300 continues to read as follows:
Authority: 16 U.S.C. 951-961 and 971 et seq.; 16 U.S.C. 1801 et
seq.
0
2. Section 300.184 is revised to read as follows:
Sec. 300.184 Species subject to permitting, documentation, reporting,
and recordkeeping requirements.
(a) Except as noted at (b), the following fish or fish products are
subject to the requirements of this subpart, regardless of ocean area
of catch, and must be accompanied by the appropriate heading or
subheading numbers from the Harmonized Tariff Schedule of the United
States (HTS).
(1) Bluefin tuna,
(2) Southern bluefin tuna,
(3) Frozen bigeye tuna,
(4) Swordfish, and
(5) Shark fins.
(b) For bluefin tuna, southern bluefin tuna, frozen bigeye tuna,
and swordfish, fish parts other than meat (e.g., heads, eyes, roe,
guts, and tails) may be imported without documentation.
PART 635-ATLANTIC HIGHLY MIGRATORY SPECIES
0
3. 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.
Sec. 635.41 [Amended]
0
4. In Sec. 635.41, remove and reserve paragraph (a).
[FR Doc. 2012-21318 Filed 8-28-12; 8:45 am]
BILLING CODE 3510-22-P