[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Notices]
[Pages 40718-40720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16455]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD338


Determination of Observer Programs as Qualified and Authorized by 
the Assistant Administrator for Fisheries

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

ACTION: Notice of Adoption of Observer Criteria, Decision on Qualified 
and Authorized Programs.

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SUMMARY: The NMFS Assistant Administrator (AA) has determined that 
observers participating in observer programs, in the seven domestic 
fisheries in which tuna is regularly harvested, are qualified to issue 
observer statements for purposes of the dolphin-safe labeling program 
under the Dolphin Protection Consumer Information Act (DPCIA). These 
seven domestic fisheries are: The American Samoa Pelagic Longline 
Fishery, the Atlantic Bluefin Tuna Purse Seine Fishery, the Atlantic 
Highly Migratory Species Pelagic Longline Fishery, the California Deep-
set Pelagic Longline Fishery, the California Large-mesh Drift Gillnet 
Fishery, the Hawaii Deep-set Longline Fishery, and the Hawaii Shallow-
set Longline Fishery. Observer statements will certify that no dolphins 
were killed or seriously injured in the sets or other gear deployments 
in which

[[Page 40719]]

the tuna were caught and, in purse seine fisheries, that the net was 
not intentionally deployed on or used to encircle dolphins during the 
fishing trip in which the tuna were caught. The AA makes the 
determinations pursuant to new observer criteria, which are published 
in this notice, and were developed after consideration of public 
comment. This notice announces that these NMFS observer programs are 
authorized by the AA to issue observer statements for dolphin-safe 
labeling purposes for fishing trips that begin on or after the 
effective date of this notice.

DATES: Tuna product labeled ``dolphin safe'' derived from any of the 
seven fisheries identified in this notice must be accompanied by 
observer statements for observed trips beginning on or after August 13, 
2014.

ADDRESSES: Copies of this notice are available from the Regional 
Administrator, West Coast Region (WCR), William W. Stelle, Jr., 7600 
Sand Point Way NE., Bldg 1, Seattle, WA 98115-0070, or by email at 
[email protected].

FOR FURTHER INFORMATION CONTACT: William Jacobson, NMFS WCR, 562-980-
4035.

SUPPLEMENTARY INFORMATION: Presently, only tuna product prepared from 
tuna harvested by purse seine vessels of more than 400 short tons 
carrying capacity in the eastern tropical Pacific Ocean and labeled 
``dolphin safe'' is required to be accompanied by an observer's 
statement that the tuna meets the ``dolphin safe'' criteria under the 
DPCIA (16 U.S.C. 1385). Tuna product means any food product processed 
for retail sale and intended for human or animal consumption that 
contains an item under one of the harmonized tariff schedule numbers 
set forth at 50 CFR 216.24(f)(2)(i) or (ii), but does not include 
perishable items with a shelf life of less than 3 days (50 CFR 216.3). 
Under this definition, tuna product does not include fresh tuna nor 
does it include frozen tuna that has never been processed.
    On July 9, 2013, NMFS published a final rule under the DPCIA 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. Specifically, under Sec.  216.91(a)(2)(iii)(B) 
and (a)(4)(ii), the AA is authorized to determine if observers 
participating in observer programs using any fishing gear type in any 
ocean are qualified and authorized to make statements pertaining to the 
following written certifications. The first certification is that no 
dolphins were killed or seriously injured in the sets or other gear 
deployments in which the tuna were caught. The second certification, if 
applicable, is that no purse seine net was intentionally deployed on or 
used to encircle dolphins during the fishing trip in which the tuna 
were caught. A NMFS AA determination of an observer program as 
``qualified and authorized'' triggers a requirement that when an 
observer from the program is on board a vessel harvesting tuna destined 
to be labeled ``dolphin safe'' such tuna will require an observer 
statement. The observer statement would be executed by the observer or 
by an authorized representative of the nation participating in the 
observer program based on information provided by the observer. The 
observer statement would be in addition to the requirement that tuna 
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)).
    On February 24, 2014, NMFS published a Federal Register notice 
soliciting public comment on development of observer criteria to assist 
the AA when making a determination of whether an observer program is 
qualified and authorized for purposes of the dolphin-safe labeling 
program under the DPCIA. In the only comment received, the American 
Tunaboat Association (ATA) stated that no observers aboard purse seine 
vessels, except those serving under the program organized under the 
joint auspices of the Inter-American Tropical Tuna Commission (IATTC) 
and the Agreement on the International Dolphin Conservation Program are 
qualified or authorized to make the certifications noted in the Federal 
Register notice. ATA strongly recommended that NMFS adopt criteria 
similar to the criteria used by the IATTC for training observers. NMFS 
agrees in part, but believes that observers participating in NMFS 
observer programs already undergo rigorous training programs, 
appropriate for the applicable fishery, and that training, where 
applicable, is similar to or exceeds the training given by the IATTC. 
NMFS training programs include such topics as dolphin species 
identification, dolphin mortality recognition, data collection 
requirements for use in making a serious injury determination, and 
recognition of an intentional purse seine set. After consideration of 
this comment, the AA adopted the final observer criteria on June 13, 
2014, to be used in making qualified and authorized determinations. 
Satisfaction of all criteria is necessary before the AA will determine 
that an observer program is qualified and authorized. The final 
observer criteria are as follows:
     Observers are trained and able to identify dolphins 
endemic to the area of the fishery. ``Dolphins'' mean the species of 
the family Delphinidae.
     Observers, or an authorized representative participating 
in the observer program, as applicable, are trained and able to 
determine dolphin mortality and serious injury. ``Serious injury'' 
means any injury likely to cause mortality.
     Observers are trained and able to collect written or 
photographic documentation, sufficient for an authorized representative 
participating in the observer program, to verify or make a 
determination about the disposition of any dolphin, if statements 
certifying that no dolphins were killed or seriously injured in the 
sets or other gear deployments in which the tuna were caught are to be 
made.
     For purse seine fisheries only: Observers are trained and 
able to determine whether a purse seine net was intentionally deployed 
on or used to encircle dolphins.
     For purse seine fisheries only: Observers are trained and 
able to collect written or photographic documentation, sufficient for 
an authorized representative participating in the observer program, to 
verify or make a determination that no purse seine net was 
intentionally deployed on or used to encircle dolphins during a fishing 
trip, if statements certifying that no purse seine net was 
intentionally deployed on or used to encircle dolphins during the 
fishing trip in which the tuna was harvested are to be made.
     Observers, or an authorized representative of a nation 
participating in the observer program based on information from the 
observer, as applicable, are authorized by the applicable observer 
authority to certify that no dolphins were killed or seriously injured 
in the sets or other gear deployments in which the tuna were harvested, 
and in the case of purse seine vessels, that no purse seine net was 
intentionally deployed on or used to encircle dolphins during the 
fishing trip in which the tuna were caught.
    NMFS compared the observer criteria with all U.S. observer programs 
operating in fisheries where tuna is regularly harvested, and concluded 
that observers in all seven observer programs are capable of providing 
the documentation necessary to complete

[[Page 40720]]

an observer statement for dolphin-safe labeling purposes. Under the 
authority at Sec.  216.91(a)(2)(iii)(B) and (a)(4)(ii), the AA has 
determined that observers, or an authorized representative of the 
observer program, operating in the following fisheries are qualified to 
issue observer statements and are authorized by this notice to issue 
such statements on or after the effective date of this notice:
     The American Samoa Pelagic Longline Fishery
     the Atlantic Bluefin Tuna Purse Seine Fishery
     the Atlantic Highly Migratory Species Pelagic Longline 
Fishery
     the California Deep-set Pelagic Longline Fishery
     the California Large-mesh Drift Gillnet Fishery
     the Hawaii Deep-set Longline Fishery
     the Hawaii Shallow-set Longline Fishery
    The observer statements are intended to be used for the 
documentation of dolphin-safe status only. Mortality and serious injury 
determinations under Marine Mammal Protection Act (MMPA) Section 117 
will continue to be made in accordance with current NMFS policy and 
protocols.
    The determinations are also publicized on the NMFS WCR Web site at 
http://www.westcoast.fisheries.noaa.gov. In order for tuna product made 
from tuna harvested in one of the fisheries listed above to be labeled 
``dolphin safe,'' it must be accompanied by an observer statement, 
provided an observer was on board the vessel and the fishing trip began 
on or after the effective date of this notice. The observer statement 
must 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.

    Dated: July 8, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-16455 Filed 7-11-14; 8:45 am]
BILLING CODE 3510-22-P