[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Rules and Regulations]
[Pages 3625-3626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01375]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 170803723-8016-01]
RIN 0648-BH09


Technical Amendment To Update Internet Web Addresses in Marine 
Mammal Protection Act and Dolphin Protection Consumer Information Act 
Regulations

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

ACTION: Final rule; technical amendments.

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SUMMARY: NMFS is hereby making technical amendments without altering 
the substance of the regulations that govern importation into the 
United States of tuna product and dolphin-safe tuna labeling in the 
United States under the Marine Mammal Protection Act (MMPA), and the 
Dolphin Protection Consumer Information Act (DPCIA). The intent of this 
action is to update existing regulations containing Uniform Resource 
Locator (URL) addresses, more commonly referred to as internet web page 
addresses. The URL updates are necessary because NMFS is revising all 
agency URLs under the NOAA Fisheries Web Modernization Project. These 
changes are solely administrative in nature.

DATES: This final rule is effective January 26, 2018.

ADDRESSES: 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: William Jacobson, NMFS West Coast 
Region, 562-980-4035.

SUPPLEMENTARY INFORMATION: 

Background

    Regulations at 50 CFR 216.24(f)(3) and 50 CFR part 216, subpart H 
contain URLs that provide importers, tuna processors, and fishermen 
that harvest tuna for the U.S. market, access to information critical 
to regulatory compliance. NMFS is undergoing an agency-wide 
modification of the naming convention used in all existing URLs. 
Failure to change the URLs in the regulatory text would render the URL 
references in the regulations unusable, confusing the regulated public.

Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with the MMPA, the DPCIA, and other applicable laws.

Administrative Procedure Act

    NOAA finds good cause under 5 U.S.C. 553(b)(B) and 553(d)(3) to 
issue this final rule without advance notice in a proposed rule or the 
opportunity for public comment, and to make the rule effective 
immediately without providing a 30-day delay, because the content of 
this rule makes a technical correction and does not affect the 
substance of regulations that affect the public. Public input is not 
necessary to determine the correct URL, and delaying codification of 
the correct URL would not be in the public interest.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 216

    Administrative practice and procedure, Fish, Imports, Labeling, 
Marine mammals.

    Dated: January 19, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 216 is amended 
as follows:

PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE 
MAMMALS

0
1. The authority citation for 50 CFR part 216 continues to read as 
follows:

    Authority:  16 U.S.C. 1361 et seq., unless otherwise noted.

Subpart C--General Exceptions

0
2. In Sec.  [thinsp]216.24, revise introductory text of paragraph 
(f)(3) to read as follows:


Sec.  [thinsp]216.24  Taking and related acts incidental to commercial 
fishing operations by tuna purse seine vessels in the eastern tropical 
Pacific Ocean.

* * * * *
    (f) * * *
    (3) Disposition of Fisheries Certificates of Origin. The FCO 
described in paragraph (f)(4) of this section may be obtained from the 
Administrator, West Coast Region, or downloaded from the internet at 
https://www.fisheries.noaa.gov/national/

[[Page 3626]]

marine-mammal-protection/noaa-form-370-fisheries-certificate-origin.
* * * * *

Subpart H--Dolphin Safe Tuna Labeling

0
3. The authority citation for 50 CFR part 216, subpart H, continues to 
read as follows:


    Authority:  16 U.S.C. 1385.


0
4. In Sec.  [thinsp]216.91, revise paragraph (a)(3)(iii)(B), 
introductory text of paragraph (a)(3)(iv), and introductory text of 
paragraph (a)(3)(v) to read as follows:


Sec.  216.91  Dolphin-safe labeling standards.

    (a) * * *
    (3) * * *
    (iii) * * *
    (B) The Captain of the vessel has completed the NMFS Tuna Tracking 
and Verification Program dolphin-safe captain's training course. The 
NMFS Tuna Tracking and Verification Program dolphin-safe captain's 
training course is available on the website of the NMFS Tuna Tracking 
and Verification Program at https://www.fisheries.noaa.gov/dolphin-safe.
    (iv) For tuna caught in a fishery where the Assistant Administrator 
has determined that observers participating in a national or 
international observer program are qualified and authorized to issue 
observer statements for purposes of the dolphin-safe labeling program, 
and where such an observer is on board the vessel, a written statement 
executed by the observer, or by an authorized representative of a 
nation participating in the observer program based on information from 
the observer. Any determination by the Assistant Administrator shall be 
announced in a notice published in the Federal Register. Determinations 
under this paragraph (a)(3)(iv) will also be publicized on the website 
of the NMFS Tuna Tracking and Verification Program (https://www.fisheries.noaa.gov/dolphin-safe). The written statement shall 
certify:
* * * * *
    (v) For 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, 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. Determinations under this 
paragraph (a)(3)(v) will also be publicized on the website of the NMFS 
Tuna Tracking and Verification Program (https://www.fisheries.noaa.gov/dolphin-safe). The written statement shall certify that:
* * * * *

0
5. In Sec.  [thinsp]216.95, revise paragraph (b) to read as follows:


Sec.  216.95  Official mark for ``Dolphin-safe'' tuna products.

* * * * *
    (b) Location and size of the official mark. The official mark on 
labels must allow the consumer to identify the official mark and be 
similar in design and scale to figure 1. A full color version of the 
official mark is available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/dolphin-safe-official-mark.

[FR Doc. 2018-01375 Filed 1-25-18; 8:45 am]
 BILLING CODE 3510-22-P