[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)]
[Rules and Regulations]
[Pages 18796-18801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07428]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 300 and 635
[Docket No. 150618531-6286-02]
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: Final rule; fishery notification.
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SUMMARY: This final rule adopts regulations governing international
trade documentation and tracking programs for Atlantic bluefin tuna to
fulfill recommendations from recent meetings of the International
Commission for the Conservation of Atlantic Tunas (ICCAT). The final
rule transitions from 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 ICCAT electronic bluefin tuna catch
documentation system (eBCD system). The final rule also contains two
unrelated regulatory text corrections related to bluefin tuna landings
reports and cross-references related to prohibitions for fishing
Atlantic tunas with speargun gear.
Additionally, NMFS will hold three public conference call and
webinars on April 21, April 22, and May 3, 2016, to provide further
information on requirements of the final rule and use of the eBCD
system (see SUPPLEMENTARY INFORMATION).
DATES: This rule is effective on May 1, 2016. Operator-assisted, public
conference call and webinars will be held on April 21, April 22, and
May 3, 2016, from 2:30 to 4:30, Eastern Time.
ADDRESSES: For details on the call-in and Web site information for
three public conference call and webinars, please see the table in the
SUPPLEMENTARY INFORMATION section, under the ``Public Conference Call
and Webinars'' heading.
Copies of the 2006 Consolidated Atlantic Highly Migratory Species
Fishery Management Plan (Consolidated HMS FMP) and other relevant
documents are available from the Atlantic HMS 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. ATCA requires the
Secretary of Commerce to 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
Background information about the need to implement ICCAT
recommendations to transition from the current paper-based BCD program
to an eBCD system was provided in the preamble to the proposed rule (80
FR 61146, October 9, 2015) and most of that information is not repeated
here.
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 adopted
Recommendation 10-11 in 2010 to develop an eBCD system, which would
ultimately replace the paper-based BCD program. Deadlines were set for
system implementation in subsequent recommendations that ultimately
proved too ambitious given system development and financing issues.
Most recently, ICCAT adopted Recommendation 15-10 requiring all
ICCAT parties to use the eBCD system as of May 1, 2016, unless, based
on examination of the status of the system, a technical working group
(TWG) advises the Commission that the system is not sufficiently ready
for implementation. If the TWG so advises the Commission, all ICCAT
parties must use the eBCD system to the fullest extent practicable, but
paper BCDs shall continue to be accepted until the system is
sufficiently ready to be implemented. The TWG will meet in late April
2016. After May 1, 2016, or the date that the TWG advises the
Commission that the system is sufficiently ready to be implemented
(whichever is later), paper BCDs will no longer be accepted except in
limited circumstances consistent with the ICCAT recommendation. Such
limited circumstances include the use of paper BCDs as a ``back-up'' in
the event that technical difficulties with the system arise that
precludes use of the eBCD system. In light of the above, the final rule
includes a provision allowing NMFS to notify the public (via actual or
Federal Register notice) when paper BCDs will be used in lieu of the
eBCD system.
The eBCD system is designed to collect largely the same information
that is currently collected under the paper-based BCD program.
Therefore, this final rule makes minor adjustments to the existing
regulations implementing the paper-based BCD program to implement the
electronic system and require its use for bluefin tuna catch
documentation.
[[Page 18797]]
NMFS also notes, for informational purposes only, that on December
29, 2015, NMFS published a proposed rule in the Federal Register (80 FR
81251) to integrate the collection of trade documentation within the
government-wide International Trade Data System (ITDS) and require
electronic information collection through the automated portal
maintained by the Department of Homeland Security, Customs and Border
Protection (CBP). That proposed rule contemplates that NMFS would
annually require renewable International Fisheries Trade Permits
(IFTPs) for the import, export, and re-export of certain regulated
seafood commodities that are subject to trade monitoring programs of
RFMOs and/or subject to trade documentation requirements under domestic
law, consolidating existing international trade permits for regulated
seafood products under programs including the HMS ITP program. The ITDS
rule, if finalized as proposed, would also specify data and trade
documentation for regulated seafood commodities in specified programs
that must be provided electronically to CBP. Specifically, the ITDS
rule as proposed would further amend the HMS ITP regulations so that
BCDs, or specific information from BCDs such as a BCD number, would be
submitted through the Automated Commercial Environment (ACE) and the
CBP Document Imaging System (DIS).
Response to Comments
The comment period for the proposed rule closed on November 9,
2015. NMFS received one comment from an environmental non-governmental
organization, delivered both in writing and verbally during a public
conference call/webinar on October 13, 2015. A summary of that comment
is provided below along with NMFS's response.
Comment 1: We fully support the transition to an electronic system
by May 2016. Full implementation of the eBCD system will benefit the
U.S. fishing community by reducing opportunities for criminal activity,
rewarding compliant fishermen, and supporting this valuable fishery's
long-term sustainable management.
Response: NMFS agrees that the measures implemented by this rule
would improve tracking of bluefin tuna catch and trade, enhancing
ICCAT's ability to monitor trade and identify any discrepancies between
the amount of product in international trade and authorized quotas, and
reduce the possibility of IUU bluefin tuna entering U.S. commerce. NMFS
also agrees that use of the eBCD system should be implemented by the
May 1, 2016 deadline adopted by ICCAT in Recommendation 15-10 and
consistent with the provisions in that Recommendation.
Changes From the Proposed Rule
In this final rule NMFS has added a provision that certain trade
tracking requirements must be satisfied by use of the ICCAT eBCD system
for Atlantic bluefin tuna ``unless NMFS provides otherwise through
actual notice or Federal Register notice.'' See Sec.
300.185(a)(2)(ii)(A)(1), (a)(2)(vi)(A), (a)(3)(i); (b)(2)(i),
(b)(3)(i); (c)(2)(i)(A); (c)(3)(i). ICCAT Recommendation 15-10 provides
limited circumstances under which paper BCDs may be accepted.
Specifically, paper BCDs may be used if the system is not ready for
implementation and as a ``back-up'' in the event that technical
difficulties with the system arise that preclude use of the eBCD
system. In such an event, the final rule allows NMFS to notify the
public through actual or Federal Register notice that paper BCDs will
temporarily be used, as specified in the notice. NMFS also included one
change from the proposed new regulatory text at Sec.
300.185(a)(2)(iii)(b) to read ``must'' instead of ``should'' to more
precisely match the relevant ICCAT Recommendation text.
To enhance the clarity of the regulations, the final rule breaks
out the Atlantic bluefin tuna eBCD requirements into separate
subparagraphs (see Sec. 300.185(a)(2)(ii)(A)(1), (a)(2)(vi)(A),
(a)(3)(i); (b)(2)(i), (b)(3)(i); (c)(2)(i)(A); (c)(3)(i)), and adds
text in other subparagraphs to reiterate that paper documentation
continues to be used for non-Atlantic bluefin tuna (see Sec.
300.185(a)(2)(ii)(A)(2), (a)(2)(vi)(B), (a)(3)(ii); (b)(2)(ii),
(b)(3)(ii); (c)(2)(i)(B); (c)(3)(ii)). For example, section
300.185(a)(2)(ii)(A)(2) states that: ``For non-Atlantic bluefin tuna,
this requirement must be satisfied with the original paper re-export
certificate.'' These edits were made for clarity and do not change the
substantive effect of the rule.
In addition to these changes, two unrelated corrections to the HMS
regulations are included in this final rule for purposes of
administrative efficiency (i.e., they are included in this action
rather than in separate rulemakings). The first change reinserts
language inadvertently omitted in the final rule to implement Amendment
7 to the 2006 Consolidated HMS FMP, which was published in the Federal
Register on December 2, 2014 (79 FR 71510). The Amendment 7 final rule
inadvertently omitted text at 50 CFR 635.5(b)(2)(i)(A) that provided an
option for Atlantic tunas dealers to submit bluefin tuna landings
reports via the Internet. A correction to re-insert that language is
included in this final rule.
The second change corrects an incorrect cross-reference. The
regulations at Sec. 635.71(b)(30), (31), (33), (34), and (35), which
are prohibitions for fishing Atlantic tunas with speargun gear, contain
an incorrect cross-reference, which is listed as Sec. 635.21(f) but
should refer to Sec. 635.21(i). The cross-reference is corrected in
this final rule.
Public Conference Call and Webinars
NMFS will hold three public conference call and webinars to provide
further information about the requirements of the final rule and use of
the eBCD system. To participate in those calls, use the following
information:
Table 1--Date and Time of Public Conference Call and Webinars
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Date and time Access information
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April 21, 2016, 2:30-4:30 p.m. Eastern Time................. To participate in conference call, call: (888) 989-
4714
Passcode: 2848482
To participate in webinar, go to:
https://noaaevents3.webex.com/noaaevents3/onstage/g.php?MTID=ef13acb1e3c8d48e686c79f590cd8299f
Meeting Number: 994 455 972
Meeting Password: tijeshGb
April 22, 2016, 2:30-4:30 p.m. Eastern Time................. To participate in conference call, call: (800) 779-
5244
Passcode: 9942853
[[Page 18798]]
To participate in webinar, go to:
https://noaaevents3.webex.com/noaaevents3/onstage/g.php?MTID=e82dcb0c46b71284d1e238f1463a91d52
Meeting Number: 996 520 461
Meeting Password: HVGU39hq
May 3, 2016, 2:30-4:30 p.m. Eastern Time.................... To participate in conference call, call: (888) 323-
9870
Passcode: 8184849
To participate in webinar, go to:
https://noaaevents3.webex.com/noaaevents3/onstage/g.php?MTID=edc2f51bca10de37d00803f879302dfcf
Meeting Number: 998 820 477
Meeting Password: JwdMqJyU
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To participate in the webinars online, enter your name and email
address, and click the ``JOIN'' button. Participants that have not used
WebEx before will be prompted to download and run a plug-in program
that will enable them to view the webinar. Presentation materials and
other supporting information will be posted on the HMS Web site at
www.nmfs.noaa.gov/sfa/hms.
Classification
The NMFS Assistant Administrator has determined that this final
rule is consistent with the Magnuson-Stevens Act, the 2006 Consolidated
Atlantic HMS FMP and its amendments, ATCA, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
In addition, NMFS has determined that this final 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 final action is categorically excluded from the requirement to
prepare an environmental assessment in accordance with NAO 216-6. A
categorical exclusion applies because the rule would implement minor
adjustments to regulations and would not have a significant effect,
individually or cumulatively, on the human environment. This action
also does not directly affect fishing effort, quotas, fishing gear,
authorized species, interactions with threatened or endangered species,
or other relevant parameters.
This final rule contains a collection-of-information requirement
subject to review and approval by OMB under the Paperwork Reduction
Act. ICCAT Recommendation 15-10 requires transition from the paper-
based BCD program to an eBCD system with certain limited exceptions. To
comply with this Recommendation, NMFS will require Atlantic bluefin
tuna dealers with HMS ITPs to use the eBCD system effective May 1,
2016. An amendment to OMB Control Number 0648-0040 (Dealer Reporting
Family of Forms) has been approved by the Office of Management and
Budget.
The Chief Council for Regulation of the Department of Commerce
certified to the Chief Council for Advocacy of the Small Business
Administration 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 the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification or on the impacts of the rule more
generally. As a result, a regulatory flexibility analysis is not
required and none has been prepared.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on the following three
changes made in this final rule, as notice and comment would be
impracticable, unnecessary, and contrary to the public interest. As
explained above, this final rule makes three changes to the final rule:
(1) A notice provision that allows for paper BCDs instead of eBCDs if
NFMS provides actual notice or a Federal Register notice; (2)
reinsertion of inadvertently-deleted text that allows Internet
submission of bluefin dealer reports; and (3) correction of speargun
cross-references.
With regard to the first change, prior notice and comment would be
impracticable, contrary to the public interest, and unnecessary. ICCAT
Recommendation 15-10, adopted after the proposed rule was published,
included a provision on certain circumstances under which paper BCDs
could continue to be accepted in lieu of eBCDs. These circumstances
include using paper BCDs or printed eBCDs as a back-up in the limited
event that technical difficulties with the system arise that preclude
use of the eBCD system. The Recommendation also specified a process
through which a TWG would make a determination regarding whether the
system was sufficiently ready for implementation and specified that
paper BCDs would be accepted until that determination was made. NMFS
recently learned that the relevant TWG meeting will not take place
until late April 2016. Thus, in the unlikely event that the system is
not ready to be implemented, NMFS must have an option to allow the use
of paper BCDs to ensure that bluefin tuna trade is not disrupted. On
the other hand, if the system is ready for implementation, the final
rule must be in place to ensure compliance with ICCAT recommendations
and to switch over to the eBCD system. Given the unexpectedly late
timing of TWG review, the simultaneous potential requirement to
implement the system by May 1, and the need to have a back-up system as
a contingency, the time required for public notice and comment would be
impracticable. Moreover, not allowing this change is contrary to the
public interest. In the absence of a paper-based option, if the eBCD
system experiences technical problems, bluefin dealers with HMS ITPs
would not be able to proceed with imports and exports of bluefin.
Currently, dealers use paper BCDs, thus it is unnecessary to provide
for notice and comment on continued--albeit, more limited--use of these
documents.
With regard to the second change, prior notice and comment are
contrary to the public interest and unnecessary. The final rule for
Amendment 7 inadvertently deleted text from a prior rulemaking, the
2006 Consolidated HMS FMP (71 FR 58058; October 2, 2006), that allowed
bluefin tuna dealers to
[[Page 18799]]
submit reports via the internet. The regulations thus require reporting
only via fax, which is more burdensome than using the internet. NMFS
only recently learned about the error, and needs to make a correction
immediately because current regulations without the reinserted text are
confusing, inconsistent with established reporting practice, and
burdensome. Furthermore, NMFS previously allowed notice and comment on
the 2006 Consolidated HMS FMP, Amendment 7 never intended to change
this reporting provision, and the record clearly reflects the intent to
have an internet option.
There is also good cause to waive prior notice and comment for the
third change. As currently written, the speargun prohibitions
incorrectly cross-reference rod-and-reel provisions. Prior notice and
comment on corrections to these cross-references is impracticable
because NMFS just learned about the error and failure to make this
minor change in a timely fashion may result in ongoing and unnecessary
confusion among regulated parties. This confusion regarding the
regulations could create enforcement issues with no corresponding
benefit to the public. Thus, delaying the change to allow for notice
and comment would be contrary to the public interest.
List of Subjects
50 CFR Part 300
Administrative practice and procedure, Exports, Fish, Fisheries,
Fishing, Imports, Reporting and recordkeeping requirements, Treaties.
50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.
Dated: March 29, 2016.
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,
and 50 CFR part 635 are 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:
0
a. Revise the definitions for ``BCD tag'' and ``Consignment document'';
and
0
b. Add definitions for ``eBCD'' and ``eBCD system'' in alphabetical
order.
The revisions and additions 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 paper BCD issued
by a nation to comply with the ICCAT bluefin tuna catch documentation
program consistent with ICCAT recommendations; 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 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:
0
a. Revise paragraphs (a)(2)(ii) through (vii);
0
b. Remove paragraphs (a)(2)(viii) and (ix); and
0
c. 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.
(1) For Atlantic bluefin tuna, this requirement must be satisfied
by electronic receipt and completion of a re-export certificate in the
ICCAT eBCD system, unless NMFS provides otherwise through actual notice
or Federal Register notice.
(2) For non-Atlantic bluefin tuna, this requirement must be
satisfied with the original paper re-export certificate.
(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) Imports that have been previously re-exported from another
nation must have the intermediate importer's 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 (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.
(A) For Atlantic bluefin tuna, this information must be provided
electronically in the ICCAT eBCD system, unless NMFS provides otherwise
through actual notice or Federal Register notice.
(B) For non-Atlantic bluefin tuna, this information must be
provided on the
[[Page 18800]]
original paper consignment document that accompanied the consignment.
(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.
(i) 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)(A) of this section,
unless NMFS provides otherwise through actual notice or Federal
Register notice.
(ii) For non-Atlantic bluefin tuna, this requirement must be
satisfied by submitting the original paper consignment document.
(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. 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.
(i) For Atlantic bluefin tuna, this requirement must be satisfied
by electronic completion of a consignment document in the ICCAT eBCD
system, unless NMFS provides otherwise through actual notice or Federal
Register notice.
(ii) For non-Atlantic bluefin tuna, this requirement must be
satisfied by completion of a paper consignment document.
(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.
(i) 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)(i) of this section, unless
NMFS provides otherwise through actual notice or Federal Register
notice.
(ii) For non-Atlantic bluefin tuna, this requirement must be
satisfied by submitting the original paper consignment document.
(c) * * *
(2) * * *
(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.
(A) For Atlantic bluefin tuna, these requirements must be satisfied
by electronic completion of a re-export certificate in the ICCAT eBCD
system, unless NMFS provides otherwise through actual notice or Federal
Register notice.
(B) For non-Atlantic bluefin tuna, these requirements must be
satisfied by completion of a paper re-export certificate.
* * * * *
(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.
(i) 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)(i)(A) of this section,
unless NMFS provides otherwise through actual notice or Federal
Register notice.
(ii) For non-Atlantic bluefin tuna, this requirement must be
satisfied by submitting the original paper re-export certificate.
* * * * *
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.
* * * * *
[[Page 18801]]
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.
* * * * *
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
6. 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.
0
7. In Sec. 635.5, revise paragraph (b)(2)(i)(A) to read as follows:
Sec. 635.5 Recordkeeping and reporting.
* * * * *
(b) * * *
(2) * * *
(i) * * *
(A) Landing reports. Each dealer with a valid Atlantic Tunas dealer
permit issued under Sec. 635.4 must submit the landing reports to NMFS
for each bluefin received from a U.S. fishing vessel. Such reports must
be submitted electronically by sending a facsimile or, once available,
via the Internet, to a number or a web address designated by NMFS not
later than 24 hours after receipt of the bluefin. Landing reports must
include the name and permit number of the vessel that landed the
bluefin and other information regarding the catch as instructed by
NMFS. Landing reports submitted via facsimile must be signed by the
permitted vessel owner or operator immediately upon transfer of the
bluefin. When purchasing bluefin tuna from eligible IBQ Program
participants or Atlantic Tunas Purse Seine category participants,
permitted Atlantic Tunas dealers must also enter landing reports into
the electronic IBQ System established under 635.15, not later than 24
hours after receipt of the bluefin. The vessel owner or operator must
confirm that the IBQ System landing report information is accurate by
entering a unique PIN when the dealer report is submitted. The dealer
must inspect the vessel's permit to verify that it is a commercial
category, the required vessel name and permit number as listed on the
permit are correctly recorded on the landing report, and that the
vessel permit has not expired.
* * * * *
0
8. In Sec. 635.71, revise paragraphs (b)(30), (31), (33), (34), and
(35) to read as follows:
Sec. 635.71 Prohibitions.
* * * * *
(b) * * *
(30) Fish for any HMS, other than Atlantic BAYS tunas, with
speargun fishing gear, as specified at Sec. 635.21(i).
(31) Harvest or fish for BAYS tunas using speargun gear with
powerheads, or any other explosive devices, as specified in Sec.
635.21(i).
* * * * *
(33) Fire or discharge speargun gear without being physically in
the water, as specified at Sec. 635.21(i).
(34) Use speargun gear to harvest a BAYS tuna restricted by fishing
lines or other means, as specified at Sec. 635.21(i).
(35) Use speargun gear to fish for BAYS tunas from a vessel that
does not possess either a valid HMS Angling or HMS Charter/Headboat
permit, as specified at Sec. 635.21(i).
* * * * *
[FR Doc. 2016-07428 Filed 3-31-16; 8:45 am]
BILLING CODE 3510-22-P