[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Notices]
[Pages 66625-66627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23333]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE905


Taking and Importing of Marine Mammals and Dolphin-Safe Tuna 
Products

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

ACTION: Notice; determination of regular and significant mortality and 
serious injury of dolphins.

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SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant 
Administrator) has issued a determination, under the Dolphin Protection 
Consumer Information Act (DPCIA), of regular and significant mortality 
and serious injury of dolphins in gillnet fisheries harvesting tuna by 
vessels flagged under the Governments of India, Iran, Mozambique, 
Pakistan, Oman, Saudi Arabia, Sri Lanka, Tanzania, the United Arab 
Emirates, and Yemen. This determination triggers additional 
documentation requirements for tuna product from those fisheries that 
is exported from or offered for sale in the United States, including 
that such tuna must be accompanied by a written statement executed by 
an observer participating in a national or international program 
acceptable to the Assistant Administrator, in addition to such 
statement by the captain of the vessel, that certifies that no dolphins 
were killed or seriously injured in the sets or other gear deployments 
in which the tuna were caught and certain other required information 
regarding dolphin interactions and segregation of tuna. These 
determinations were based on review of scientific information and, when 
available, documentary evidence submitted by the relevant government.

DATES: Effective November 28, 2016, except the new requirements for 
observer statements that will be effective upon announcement in the 
Federal Register of approval by the

[[Page 66626]]

Office of Management and Budget under the Paperwork Reduction Act.

FOR FURTHER INFORMATION CONTACT: Nina M. Young, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. 
Phone: 301-427-8383 Email: [email protected]. More information on 
this final action can be found on the NMFS Web site at http://www.nmfs.noaa.gov/ia/.

SUPPLEMENTARY INFORMATION: The DPCIA, 16 U.S.C. 1385 et seq., states 
that it is a violation of section 5 of the Federal Trade Commission Act 
(15 U.S.C. 45) for any producer, importer, exporter, distributor, or 
seller of any tuna product that is exported from or offered for sale in 
the United States to include on the label of that product the term 
``dolphin safe'' or any other term or symbol that falsely claims or 
suggests that the tuna contained in the product were harvested using a 
method of fishing that is not harmful to dolphins if the product does 
not meet the dolphin safe requirements set out in the statute and 
elaborated in the NMFS implementing regulations.
    50 CFR 216.91 provides that tuna product prepared from tuna 
harvested by purse seine vessels of more than 400 short tons carrying 
capacity in the eastern tropical Pacific Ocean (ETP) and labeled 
``dolphin safe'' is required to be accompanied by both a captain and an 
observer statement that the tuna meets the ``dolphin safe'' criteria 
under the DPCIA. Tuna product prepared from tuna harvested in other 
fisheries and labeled ``dolphin safe'' is required to be accompanied by 
a captain's statement that the tuna meets the ``dolphin safe'' criteria 
and may require an observer statement if additional requirements are 
triggered.
    In addition, under 50 CFR 216.91, tuna product labeled ``dolphin 
safe'' that was prepared from tuna caught in a fishery ``in which the 
Assistant Administrator has determined that either a regular and 
significant association between dolphins and tuna (similar to the 
association between dolphins and tuna in the ETP) or a regular and 
significant mortality or serious injury of dolphins is occurring'' must 
be accompanied by ``a written statement, executed by the captain of the 
vessel and an observer participating in a national or international 
program acceptable to the Assistant Administrator, unless the Assistant 
Administrator determines an observer statement is unnecessary.'' The 
captain and observer statements must certify that: No fishing gear was 
intentionally deployed on or used to encircle dolphins during the trip 
on which the tuna were caught; no dolphins were killed or seriously 
injured in the sets or other gear deployments in which the tuna were 
caught; and if non-dolphin-safe tuna was retained on the same fishing 
trip; and (C) tuna caught in sets designated as dolphin-safe was stored 
physically separate from tuna caught in a non-dolphin-safe set by the 
use of netting, other material, or separate storage areas from the time 
of capture through unloading.
    50 CFR 216.91 provides that, for tuna product prepared from tuna 
harvested in other than the ETP large purse seine fishery and labeled 
``dolphin safe,'' U.S. processors and importers of record must collect 
and retain for 2 years information on each point in the chain of 
custody regarding the shipment of the tuna or tuna product to the point 
of entry into U.S. commerce. The retained information must be provided 
to NMFS upon request and must be sufficient for NMFS to conduct a trace 
back to verify that the tuna product certified as dolphin-safe to NMFS, 
in fact, meets the dolphin-safe requirements for such certification.
    In addition, under 50 CFR 216.91, tuna product prepared from tuna 
harvested in fisheries in which the Assistant Administrator has 
determined that a ``regular and significant'' mortality or serious 
injury of dolphins or a ``regular and significant'' tuna-dolphin 
association is occurring and labeled dolphin-safe must be accompanied 
by a government certificate validating: (1) The catch documentation is 
correct; (2) the tuna or tuna products meet the dolphin-safe standards 
under 50 CFR 216.91; and (3) the chain of custody information is 
correct.
    The Assistant Administrator makes a determination of ``regular and 
significant mortality or serious injury of dolphins'' based upon the 
readily available information showing that the mortality or serious 
injury occurring in the fishery exceeds that of the large purse seine 
tuna fishery in the ETP.
    A regular and significant determination will be terminated, in 
consultation with the Secretary of State, if the Assistant 
Administrator determines that the mortality and serious injury of 
dolphins for a particular fishery is less than that occurring in the 
large purse seine tuna fishery in the ETP.
    Pursuant to 50 CFR 216.91(a)(3)(v), the Assistant Administrator 
considered readily available information and documentary evidence 
submitted, in response to letters requesting information, by the 
relevant governments and determined that gillnet fisheries harvesting 
tuna flagged under the jurisdiction of the Governments of India, Iran, 
Mozambique, Pakistan, Oman, Saudi Arabia, Sri Lanka, Tanzania, the 
United Arab Emirates, and Yemen have a regular and significant 
mortality or serious injury of dolphins in the course of those fishing 
operations.
    After consultation with the Department of State, the Assistant 
Administrator issued a regular and significant determination for such 
gillnet fisheries to the Governments of India, Iran, Mozambique, 
Pakistan, Oman, Saudi Arabia, Sri Lanka, Tanzania, the United Arab 
Emirates, and Yemen. Tuna products from those fisheries harvested on 
fishing trips that begin on or after the effective date of this notice 
are therefore subject to the regulations set forth in 50 CFR 
216.91(a)(3)(v) and (a)(5)(ii), including a requirement that tuna and 
tuna products from these fisheries exported from or offered for sale in 
the United States that are marketed as or include on the label of that 
product the term ``dolphin safe'' must be accompanied, as described in 
50 CFR 216.91(a)(3)(v), by a written statement executed by both the 
captain of the vessel and also, as described above, a statement by an 
observer participating in a national or international program 
acceptable to the Assistant Administrator, that certifies that no 
dolphins were killed or seriously injured in the sets or other gear 
deployments in which the tuna were caught and certain other required 
information regarding dolphin interactions and segregation of tuna.
    The Assistant Administrator has not yet determined that any 
national or international observer program operating in the fisheries 
identified in this notice are ``acceptable'' for purposes of 50 CFR 
216.91(a)(3)(v). To make determinations that an observer program is 
``acceptable'' for purposes of 50 CFR 216.91(a)(3)(v), the Assistant 
Administrator will use the applicable criteria set forth in the Federal 
Register notice published July 14, 2014, (79 FR 40718) entitled 
``Determination of Observer Programs as Qualified and Authorized by the 
Assistant Administrator for Fisheries.'' Government authorities of the 
nations identified above are invited to submit information to NMFS that 
would support a determination that an observer program is acceptable 
for the purposes of making the statements required under 50 CFR 
216.91(a)(3)(v).


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    Dated: September 21, 2016.
John Henderschedt,
Director, Office of International Affairs and Seafood Inspection, 
National Marine Fisheries Service.
[FR Doc. 2016-23333 Filed 9-27-16; 8:45 am]
BILLING CODE 3510-22-P