[Federal Register Volume 79, Number 36 (Monday, February 24, 2014)]
[Notices]
[Pages 10101-10102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03945]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD121


Criteria To Assist the Assistant Administrator in Determining if 
an Observer Program is Qualified and Authorized

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

ACTION: Notice; request for comments.

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SUMMARY: NMFS requests comments on criteria to determine if observers 
participating in observer programs are qualified and authorized to 
certify that no dolphins were killed or seriously injured in the sets 
or other gear deployments in which the tuna were caught and, if 
applicable, that no purse seine net was intentionally deployed on or 
used to encircle dolphins during the fishing trip in which the tuna 
were caught. The criteria are intended to

[[Page 10102]]

assist the Assistant Administrator for Fisheries when making a 
determination of whether an observer program is ``qualified and 
authorized'' for purposes of the dolphin-safe labeling program under 
the Dolphin Protection Consumer Information Act.

DATES: Written comments must be received on or before March 26, 2014.

ADDRESSES: Written comments may be sent by any of the following 
methods:
     Email to the following address: 
[email protected].
     Mail or hand deliver to Bill Jacobson, National Marine 
Fisheries Service, 501 West Ocean Boulevard, Suite 4200, Long Beach, 
California 90802. Mark the outside of the envelope ``Public Comment on 
Observer Criteria.''

FOR FURTHER INFORMATION CONTACT: Bill Jacobson by phone at (562) 980-
4035.

SUPPLEMENTARY INFORMATION: On July 9, 2013, NMFS published a final rule 
under the Dolphin Protection Consumer Information Act titled ``Enhanced 
Document Requirements to Support Use of the Dolphin Safe Label on Tuna 
Products'' (78 FR 40997) that amended regulations at 50 CFR part 216, 
subpart H. Sections 216.91(a)(2)(iii)(B) and (a)(4)(ii) authorize the 
Assistant Administrator for Fisheries to determine if observers 
participating in observer programs using any gear type in any ocean are 
qualified and authorized to certify that no dolphins were killed or 
seriously injured in the sets or other gear deployments in which the 
tuna were caught and, if applicable, that no purse seine net was 
intentionally deployed on or used to encircle dolphins during the 
fishing trip in which the tuna were caught. That determination triggers 
a requirement that when an observer from the qualified and authorized 
program is on board a vessel that harvests tuna during a fishing trip, 
such tuna would require a certification executed by the observer or by 
an authorized representative of the nation participating in the 
observer program in order to be used in tuna products labeled ``dolphin 
safe.'' This certification would be in addition to the requirement that 
tuna used in tuna products labeled ``dolphin safe,'' be accompanied by 
a written statement executed by the Captain of the harvesting vessel 
(codified in Sec.  216.91(a)(2)(ii), (a)(2)(iii)(A) and (a)(4)(i)).
    NMFS anticipates that qualified observers will have undergone 
training programs that include such topics as recognizing an 
intentional set, dolphin species identification, recognizing dolphin 
mortality and how to collect the information needed for determining a 
serious injury. NMFS acknowledges that these skills are complex. NMFS 
will determine an observer program is ``qualified and authorized'' 
based on a rigorous scrutiny of the observer program's training 
programs and a finding that the observers or a designated program 
representative is capable of making the requisite determinations.
    Using the criteria, the Assistant Administrator for Fisheries will 
determine which observer programs are qualified and authorized and will 
announce such determinations in the Federal Register and also on the 
NMFS West Coast Region Web site at http://www.westcoast.fisheries.noaa.gov. Only tuna used in tuna products 
labeled dolphin-safe and harvested on fishing trips that began after 
the date of a determination would be subject to the new requirement for 
an observer certification, and only for fishing trips on which an 
observer is on board the vessel.
    In this notice, NMFS requests public input on criteria to assist 
the Assistant Administrator in making a determination of whether an 
observer program is ``qualified and authorized.'' After consideration 
of public comments, NMFS will publish the final criteria in the Federal 
Register.

    Dated: February 18, 2014.
Rodney R. McInnis,
Acting Director, Office of International Affairs, National Marine 
Fisheries Service.
[FR Doc. 2014-03945 Filed 2-21-14; 8:45 am]
BILLING CODE 3510-22-P