[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Proposed Rules]
[Pages 61146-61150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25814]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 150618531-5876-01]
RIN 0648-BF17


Atlantic Highly Migratory Species; Implementation of the 
International Commission for the Conservation of Atlantic Tunas 
Electronic Bluefin Tuna Catch Documentation System

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to revise the regulations governing 
international trade documentation and tracking programs for Atlantic 
bluefin tuna to implement recommendations adopted at recent meetings of 
the International Commission for the Conservation of Atlantic Tunas 
(ICCAT). The proposed rule would transition the current ICCAT paper-
based bluefin tuna catch documentation program (BCD program), used in 
the United States by highly migratory species (HMS) international trade 
permit (ITP) holders, to use of the

[[Page 61147]]

ICCAT electronic bluefin tuna catch documentation system (eBCD system).

DATES: Written comments must be received by November 9, 2015.

ADDRESSES: You may submit comments, identified by ``NOAA-NMFS-2015-
0116'', by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0116, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Margo Schulze-Haugen, NMFS/SF1, 1315 East-West 
Highway, National Marine Fisheries Service, SSMC3, Silver Spring, MD 
20910.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    NMFS will also conduct a public conference call and webinar to 
solicit public comments on this proposed rule on October 13, 2015. For 
specific information, see the SUPPLEMENTARY INFORMATION section of this 
document.
    Copies of the 2006 Consolidated Atlantic Highly Migratory Species 
Fishery Management Plan (Consolidated HMS FMP) and other relevant 
documents are available from the Atlantic Highly Migratory Species 
Management Division Web site at www.nmfs.noaa.gov/sfa/hms.

FOR FURTHER INFORMATION CONTACT: Carrie Soltanoff at (301) 427-8503.

SUPPLEMENTARY INFORMATION: Atlantic bluefin tuna are managed under the 
dual authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (MSA), 16 U.S.C. 1801 et seq., and the Atlantic Tunas 
Convention Act (ATCA), 16 U.S.C. 971 et seq. Under ATCA, the Secretary 
of Commerce shall promulgate such regulations as may be necessary and 
appropriate to implement ICCAT recommendations. The implementing 
regulations for international trade documentation and tracking programs 
for HMS are at 50 CFR part 300.

Background

    In response to the need to detect fraud and deter illegal, 
unregulated, and unreported (IUU) shipments, as well as to improve 
tracking of bluefin tuna catch and commerce, ICCAT has adopted 
recommendations establishing an eBCD system. The eBCD system builds on 
the previously established ICCAT statistical document program and the 
paper-based BCD program. In this rulemaking, NMFS is proposing to 
implement recent ICCAT recommendations through minor administrative 
regulatory adjustments to transition the current paper-based BCD 
program to the ICCAT eBCD system.
    ICCAT Recommendation 92-01 first established a statistical document 
program for Atlantic bluefin tuna, which was implemented in the United 
States in 1995 (60 FR 14381; March 17, 1995). ICCAT required that all 
bluefin tuna, when imported into the territory of a Contracting Party 
or at the first entry into a regional economic organization, be 
accompanied by an ICCAT Bluefin Tuna Statistical Document that included 
information such as product type, species, amount, and flag nation of 
the harvesting vessel. Contracting parties collected the final 
statistical documents and submitted summarized data to ICCAT for use in 
fishery management. Initially, the ICCAT bluefin tuna statistical 
document program covered imports and exports of frozen product only. 
The program was later expanded to cover fresh product and re-export of 
product. In addition to Atlantic bluefin tuna, the program also 
included Pacific and southern bluefin tuna to avoid mislabeling of 
Atlantic bluefin tuna for import or export without documentation.
    The current paper-based BCD program was adopted by ICCAT in 2007 
(Recommendation 07-10, currently Recommendation 11-20) and implemented 
in the United States in 2008 (73 FR 31380; June 2, 2008). The BCD 
program expanded the bluefin tuna statistical document program to 
incorporate consignment tracking beginning with documentation of catch, 
through farming operations and trade, to the final importer. The BCD 
program requires paper bluefin tuna catch documents (BCDs) to accompany 
all bluefin tuna imports, exports, and re-exports, and requires 
validation of the documents by the exporting or re-exporting country, 
unless it meets an exemption for tagged product. Under U.S. domestic 
regulations, Atlantic bluefin tuna harvested for commercial purposes by 
U.S. vessels must be tagged. Thus, the United States has been able to 
take advantage of the validation exemption as applicable. In addition, 
under existing domestic regulations, the United States requires an 
international trade permit (ITP) for anyone in the United States to 
import, export, or re-export bluefin tuna.
    In 2010, ICCAT adopted Recommendation 10-11 to develop an eBCD 
system, which would build on and ultimately replace the paper-based BCD 
program. Deadlines were set for system implementation in subsequent 
recommendations but ultimately proved too ambitious given system 
development and financing issues. Most recently, ICCAT Recommendation 
13-17 established a timeline for full implementation of the eBCD system 
by March 1, 2015. However, in 2014, ICCAT conducted an international 
test of the eBCD system and noted ongoing technical difficulties and 
delays in the development of certain core functionalities. Based on 
these results, ICCAT made the decision, pursuant to paragraph 5 of 
Recommendation 13-17, that the eBCD system would not be ready for full 
implementation by the March 1, 2015 deadline and that paper BCDs could 
continue to be used until the system could be fully implemented. This 
decision does not preclude ICCAT Contracting Parties from voluntarily 
using the eBCD system, which is currently available both for testing 
and use on a voluntary basis.
    NMFS anticipates that the ICCAT eBCD system will be fully developed 
and operational in 2016 with implementation by ICCAT Contracting 
Parties potentially required as early as March 1, 2016. NMFS 
anticipates more precise dates and timing requirements to be 
established by ICCAT at its annual meeting in November 2015. The eBCD 
system was designed to collect largely the same information that is 
currently collected under the paper-based BCD program. Therefore, in 
this rulemaking, NMFS is proposing minor adjustments to current 
regulations implementing the paper-based BCD program to implement the 
electronic system and to require its use for future bluefin tuna catch 
documentation.

Request for Comments

    Comments on this proposed rule may be submitted via http://www.regulations.gov, or by mail. Written comments must be received by 
November 9, 2015. Please see the ADRRESSES section for more information 
about submitting comments.

Public Conference Call and Webinar

    NMFS will hold a public hearing via conference call and webinar to 
provide

[[Page 61148]]

an opportunity for the public to comment on the proposed management 
measures.

                          Table 1--Date and Time of Public Conference Call and Webinar
----------------------------------------------------------------------------------------------------------------
                 Date                            Time                   Location                 Address
----------------------------------------------------------------------------------------------------------------
October 13, 2015.....................  2:30-4:30 p.m. Eastern   Public Conference Call   To participate in
                                        Time.                    & Webinar.               conference call, call:
                                                                                         (800) 593-7191.
                                                                                         Passcode: 9589317.
                                                                                         To participate in
                                                                                          webinar, go to: https://noaaevents3.webex.com/noaaevents3/onstage/g.php?d=999829506&t=a.
                                                                                         Meeting Number: 999 829
                                                                                          506.
                                                                                         Meeting Password: NOAA.
----------------------------------------------------------------------------------------------------------------

    Requests for auxiliary aids should be directed to Carrie Soltanoff 
at (301) 427-8503 at least 7 days prior to the conference call and 
webinar. The public is reminded that NMFS expects participants on phone 
conferences to conduct themselves appropriately. At the beginning of 
the meeting, a representative of NMFS will explain the ground rules 
(e.g., attendees will be called to give their comments in the order in 
which they registered to speak; each attendee will have an equal amount 
of time to speak; attendees may not interrupt one another; etc.). The 
NMFS representative will structure the meeting so that all 
participating members of the public will be able to comment, if they so 
choose, regardless of the controversial nature of the subject(s). 
Attendees are expected to respect the ground rules, and those that do 
not will be asked to leave the meeting.

Classifications

    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the Magnuson-Stevens Act, 2006 Consolidated 
Atlantic HMS FMP and its amendments, ATCA, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    In addition, NMFS has determined that this proposed rule would not 
affect the coastal zone of any state, and a negative determination 
pursuant to 15 CFR 930.35 is not required. Therefore, pursuant to 15 
CFR 930.33(a)(2), coordination with appropriate state agencies under 
section 307 of the Coastal Zone Management Act is not required.
    This action has been preliminarily determined to be categorically 
excluded from the requirement to prepare an environmental assessment in 
accordance with NAO 216-6, subject to further consideration after 
public comment. A draft memorandum for the file has been prepared 
explaining that a categorical exclusion applies because the rule would 
implement minor adjustments to the regulations and would not have a 
significant effect, individually or cumulatively, on the human 
environment. This action is also not expected to directly affect 
fishing effort, quotas, fishing gear, authorized species, interactions 
with threatened or endangered species, or other relevant parameters. A 
final determination will be made prior to publication of the final rule 
for this action.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction 
Act. ICCAT Recommendation 13-17, as anticipated to be amended at the 
2015 ICCAT annual meeting, requires transition of the paper-based BCD 
program to an eBCD system. To comply with this Recommendation, NMFS 
will require bluefin tuna dealers with HMS ITPs to use the eBCD system 
as early as March 1, 2016. An amendment to OMB Control Number 0648-0040 
(Dealer Reporting Family of Forms) will be subsequently submitted to 
the Office of Management and Budget for approval.
    The Chief Council for Regulation of the Department of Commerce has 
certified to the Chief Council for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities.
    This proposed rule is necessary to implement recommendations of 
ICCAT, as required by the ATCA, and to achieve domestic management 
objectives under the Magnuson-Stevens Act. Under ATCA, the Secretary 
shall promulgate such regulations as may be necessary and appropriate 
to carry out ICCAT recommendations.
    NMFS is preparing this proposed rule to implement recommendations 
that pertain to an eBCD system. In response to the need to detect fraud 
and deter IUU shipments, as well as to improve tracking of bluefin tuna 
catch and commerce, ICCAT adopted Recommendations 10-11 and 13-17 
establishing an eBCD system. NMFS anticipates that the eBCD system will 
be fully developed by 2016 with implementation potentially required as 
early as March 1, 2016. NMFS anticipates more precise dates and timing 
requirements to be established by ICCAT at its annual meeting in 
November 2015.
    Current international fisheries regulations for HMS address many of 
the elements adopted under ICCAT recommendations for the paper-based 
BCD program. See 50 CFR 300.180-189. The ICCAT eBCD system largely 
maintains the elements and requirements of the paper-based BCD program 
but in an electronic format. Thus, the proposed action proposes minor 
regulatory adjustments to bring domestic regulations in line with the 
ICCAT recommendations to transition to the electronic program. The 
proposed action would affect approximately 259 HMS ITP holders. All 259 
ITP holders are considered to be small under the Small Business 
Administration's size standards. The proposed action would not 
significantly alter current regulations, but would require use of an 
electronic system where paper is currently used. Because the current 
regulations require that ITP holders use paper BCDs, and the eBCD 
system is anticipated to collect the same information that is currently 
collected under the paper-based BCD program, the proposed action is not 
expected to result in significant operational changes or adverse 
socioeconomic impacts on ITP holders. The public reporting burden for 
paper BCDs is estimated at .08 hours (5 minutes) per form and the 
electronic BCDs would have an equivalent reporting burden. The burden 
associated with this requirement will be analyzed in the Paperwork

[[Page 61149]]

Reduction Act submission prepared for a revision or change to OMB 0648-
0040 (Dealer Reporting Family of Forms).
    The eBCD system would require ITP holders to use a computer with 
internet access. This is not a new cost, however, as ITP holders are 
already required to use a computer and the internet to access the 
electronic dealer reporting system, as analyzed in the 2012 final rule 
(77 FR 47303; August 8, 2012).

List of Subjects in 50 CFR Part 300

    Administrative practice and procedure, Exports, Fish, Fisheries, 
Fishing, Imports, Reporting and recordkeeping requirements, Treaties.

    Dated: October 2, 2015
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For reasons set out in the preamble, 50 CFR part 300, subpart M, is 
proposed to be amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

0
1. The authority citation for part 300, subpart M, 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. In Sec.  300.181, revise the definitions for ``BCD tag'' and 
``Consignment document'' and add definitions for ``eBCD'' and ``eBCD 
system'' in alphabetical order to read as follows:


Sec.  300.181  Definitions.

* * * * *
    BCD tag means a numbered tag affixed to a bluefin tuna issued by 
any country in conjunction with a catch statistics information program 
and recorded on a BCD or eBCD.
* * * * *
    Consignment document means either an ICCAT eBCD or a catch document 
issued by a nation to comply with the ICCAT bluefin tuna catch 
documentation program; or an ICCAT, IATTC, IOTC, or CCSBT statistical 
document or a statistical document issued by a nation to comply with 
such statistical document programs.
* * * * *
    eBCD means an electronic bluefin tuna catch document (eBCD) 
generated by the ICCAT eBCD system to track bluefin tuna catch and 
trade as specified in ICCAT recommendations.
    eBCD system, for purposes of the subpart, is the ICCAT electronic 
system for creating, editing, and transmitting ICCAT catch and trade 
documentation for bluefin tuna as specified in ICCAT recommendations 
and required in these regulations.
* * * * *
0
3. In Sec.  300.185, revise paragraphs (a)(2)(ii) through (vii), remove 
paragraphs (a)(2)(viii) and (ix), and revise paragraphs (a)(3), (b)(2) 
and (3), (c)(2)(i) and (iii), and (c)(3).
    The revisions read as follows:


Sec.  300.185  Documentation, reporting and recordkeeping requirements 
for consignment documents and re-export certificates.

    (a) * * *
    (2) * * *
    (ii) Bluefin tuna:
    (A) Imports which were re-exported from another nation must also be 
accompanied by an original, completed, approved, validated, species-
specific re-export certificate. For Atlantic bluefin tuna, this 
requirement must be satisfied by electronic receipt and completion of a 
re-export certificate in the ICCAT eBCD system, following instructions 
provided by NMFS.
    (B) Bluefin tuna, imported into the Customs territory of the United 
States or entered for consumption into the separate customs territory 
of a U.S. insular possession, from a country requiring a BCD tag on all 
such bluefin tuna available for sale, must be accompanied by the 
appropriate BCD tag issued by that country, and said BCD tag must 
remain on any bluefin tuna until it reaches its final import 
destination. If the final import destination is the United States, 
which includes U.S. insular possessions, the BCD tag must remain on the 
bluefin tuna until it is cut into portions. If the bluefin tuna 
portions are subsequently packaged for domestic commercial use or re-
export, the BCD tag number and the issuing country must be written 
legibly and indelibly on the outside of the package.
    (iii) Fish or fish products regulated under this subpart other than 
bluefin tuna and shark fins.
    (A) Imports that were previously re-exported and were subdivided or 
consolidated with another consignment before re-export, must also be 
accompanied by an original, completed, approved, validated, species-
specific re-export certificate.
    (B) All other imports that have been previously re-exported from 
another nation should have the intermediate importers certification of 
the original statistical document completed.
    (iv) Consignment documents must be validated as specified in Sec.  
300.187 by an authorized government official of the flag country whose 
vessel caught the fish (regardless of where the fish are first landed). 
Re-export certificates must be validated by an authorized government 
official of the re-exporting country. For electronically generated 
Atlantic bluefin tuna catch documents, validation must be electronic 
using the ICCAT eBCD system.
    (v) A permit holder may not accept an import without the completed 
consignment document or re-export certificate as described in 
paragraphs (a)(2)(i) through (a)(2)(iv) of this section.
    (vi) For fish or fish products, except shark fins, regulated under 
this subpart that are entered for consumption, the permit holder must 
provide correct and complete information, as requested by NMFS, on the 
original consignment document that accompanied the consignment. For 
Atlantic bluefin tuna, this information must be provided electronically 
in the ICCAT eBCD system following instructions provided by NMFS.
    (vii) Customs forms can be obtained by contacting the local CBP 
port office; contact information is available at www.cbp.gov. For a 
U.S. insular possession, contact the local customs office for any forms 
required for entry.
    (3) Reporting requirements. For fish or fish products regulated 
under this subpart, except shark fins, that are entered for consumption 
and whose final destination is within the United States, which includes 
U.S. insular possessions, a permit holder must submit to NMFS the 
original consignment document that accompanied the fish product as 
completed under paragraph (a)(2) of this section, to be received by 
NMFS along with the biweekly report as required under Sec.  300.183(a). 
A copy of the original completed consignment document must be submitted 
by the permit holder, to be received by NMFS, at an address designated 
by NMFS, within 24 hours of the time the fish product was entered for 
consumption into the Customs territory of the United States, or the 
separate customs territory of a U.S. insular possession. For Atlantic 
bluefin tuna, this requirement must be satisfied electronically by 
entering the specified information into the ICCAT eBCD system as 
directed in paragraph (a)(2)(vi) of this section.
    (b) * * *
    (2) Documentation requirements. A permit holder must complete an 
original, approved, numbered, species-specific consignment document 
issued to that permit holder by NMFS for each export referenced under 
paragraph (b)(1) of this section. For Atlantic bluefin tuna, this 
requirement must be satisfied by electronic completion of an export 
certificate in the ICCAT eBCD system,

[[Page 61150]]

following instructions provided by NMFS. Such an individually numbered 
document is not transferable and may be used only once by the permit 
holder to which it was issued to report on a specific export 
consignment. A permit holder must provide on the consignment document 
the correct information and exporter certification. The consignment 
document must be validated, as specified in Sec.  300.187, by NMFS, or 
another official authorized by NMFS. A list of such officials may be 
obtained by contacting NMFS. A permit holder requesting U.S. validation 
for exports should notify NMFS as soon as possible after arrival of the 
vessel to avoid delays in inspection and validation of the export 
consignment.
    (3) Reporting requirements. A permit holder must ensure that the 
original, approved, consignment document as completed under paragraph 
(b)(2) of this section accompanies the export of such products to their 
export destination. A copy of the consignment document must be received 
by NMFS, at an address designated by NMFS, within 24 hours of the time 
the fish product was exported from the United States or a U.S. insular 
possession. For Atlantic bluefin tuna, this requirement must be 
satisfied electronically by entering the specified information into the 
ICCAT eBCD system as directed in paragraph (b)(2) of this section.
    (c) * * *
    (2) Documentation requirements. (i) If a permit holder re-exports a 
consignment of bluefin tuna, or subdivides or consolidates a 
consignment of fish or fish products regulated under this subpart, 
other than shark fins, that was previously entered for consumption as 
described in paragraph (c)(1) of this section, the permit holder must 
complete an original, approved, individually numbered, species-specific 
re-export certificate issued to that permit holder by NMFS for each 
such re-export consignment. Such an individually numbered document is 
not transferable and may be used only once by the permit holder to 
which it was issued to report on a specific re-export consignment. A 
permit holder must provide on the re-export certificate the correct 
information and re-exporter certification. The permit holder must also 
attach the original consignment document that accompanied the import 
consignment or a copy of that document, and must note on the top of 
both the consignment documents and the re-export certificates the entry 
number assigned by CBP authorities at the time of filing the entry 
summary. For Atlantic bluefin tuna, these requirements must be 
satisfied by electronic completion of a re-export certificate in the 
ICCAT eBCD system, following instructions provided by NMFS.
* * * * *
    (iii) Re-export certificates must be validated, as specified in 
Sec.  300.187, by NMFS or another official authorized by NMFS. A list 
of such officials may be obtained by contacting NMFS. A permit holder 
requesting validation for re-exports should notify NMFS as soon as 
possible to avoid delays in inspection and validation of the re-export 
shipment. Electronic re-export certificates created for Atlantic 
bluefin tuna using the ICCAT eBCD system will be validated 
electronically.
    (3) Reporting requirements. For each re-export, a permit holder 
must submit the original of the completed re-export certificate (if 
applicable) and the original or a copy of the original consignment 
document completed as specified under paragraph (c)(2) of this section, 
to accompany the consignment of such products to their re-export 
destination. A copy of the completed consignment document and re-export 
certificate (if applicable) must be submitted to NMFS, at an address 
designated by NMFS, and received by NMFS within 24 hours of the time 
the consignment was re-exported from the United States. For Atlantic 
bluefin tuna, this requirement must be satisfied electronically by 
entering the specified information into the ICCAT eBCD system as 
directed in paragraph (c)(2) of this section.
* * * * *
0
4. In Sec.  300.186, revise paragraph (a) to read as follows:


Sec.  300.186  Completed and approved documents.

    (a) NMFS-approved forms. A NMFS-approved consignment document or 
re-export certificate may be obtained from NMFS to accompany exports of 
fish or fish products regulated under this subpart from the Customs 
territory of the United States or the separate customs territory of a 
U.S. insular possession.
* * * * *
0
5. In Sec.  300.187, revise paragraphs (f) introductory text and (f)(2) 
to read as follows:


Sec.  300.187  Validation requirements.

* * * * *
    (f) BCD tags. The requirements of this paragraph apply to Pacific 
bluefin tuna. Requirements for tagging Atlantic bluefin tuna are 
specified in Sec.  635.5.
* * * * *
    (2) Transfer. BCD tags for use on Pacific bluefin tuna issued under 
this section are not transferable and are usable only by the permit 
holder to whom they are issued.
* * * * *
[FR Doc. 2015-25814 Filed 10-8-15; 8:45 am]
 BILLING CODE 3510-22-P