[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Notices]
[Pages 13626-13631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04692]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XG619]


Implementation of Fish and Fish Product Import Provisions of the 
Marine Mammal Protection Act--Notification of Revocation of 
Comparability Findings and Implementation of Import Restrictions; 
Certification of Admissibility for Certain Fish Products From Mexico

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

ACTION: Notice; revocation of comparability findings and implementation 
of import restrictions for certain fish and fish products from Mexico.

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SUMMARY: Under the authority of the Marine Mammal Protection Act 
(MMPA), the NMFS Assistant Administrator for Fisheries (Assistant 
Administrator) is revoking the comparability findings for the following 
fisheries authorized by the Government of Mexico: Upper Gulf of 
California shrimp trawl fishery for both small and large vessels; Upper 
Gulf of California shrimp suripera fishery; Upper Gulf of California 
sierra purse seine fishery; Upper Gulf of California sierra hook and 
line fishery; Upper Gulf of California chano trawl fishery, for small 
vessels; Upper Gulf of California curvina purse seine fishery; and 
Upper Gulf of California sardine/curvina purse seine fishery for both 
small and large vessels. The Assistant Administrator continues the 
determination to deny a comparability finding for the El Golfo de Santa 
Clara curvina rodeo-style gillnet fishery.

DATES: Compliance with the import restrictions and Certification of 
Admissibility described in this document is required beginning April 3, 
2020, and will remain in effect until notice is published in the 
Federal Register indicating otherwise.

FOR FURTHER INFORMATION CONTACT: Nina Young, at email: 
[email protected] or phone: 301-427-8383.

[[Page 13627]]


SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1371 et seq., states 
that the Secretary of the Treasury shall ban the importation of 
commercial fish or products from fish which have been caught with 
commercial fishing technology which results in the incidental kill or 
incidental serious injury of ocean mammals in excess of United States 
standards. For purposes of applying this import restriction, the 
Secretary of Commerce shall insist on reasonable proof from the 
government of any nation from which fish or fish products will be 
exported to the United States of the effects on ocean mammals of the 
commercial fishing technology in use for such fish or fish products 
exported from such nation to the United States.
    NMFS bases its determination to revoke comparability findings for 
the specified Mexican fisheries on the lack of a regulatory program 
comparable in effectiveness to the U.S. regulatory program for 
mitigating fishery bycatch of marine mammals. Therefore, under the 
authority of the MMPA, the Secretary of Commerce, in cooperation with 
the Secretaries of Treasury and Homeland Security, is giving notice of 
import restrictions on fish and fish products from Mexican fisheries 
operating in the upper Gulf of California. The restrictions apply to 
fish either caught with gillnets deployed in the range of the vaquita, 
an endangered porpoise, or harvested in the fisheries listed above. 
Harmonized Tariff Schedule (HTS) codes associated with the prohibited 
fish and fish products are identified below. NMFS is also requiring 
that all other fish and fish products not within the scope of the 
import restrictions but imported under the same published HTS codes be 
accompanied by a Certification of Admissibility.

Background

    On August 15, 2016, NMFS published a final rule (81 FR 54389) 
amending the fish and fish product import provisions to implement 
Section 101(a)(2) of the MMPA (see implementing regulations at 50 CFR 
216.24(h)). This final rule established conditions for evaluating a 
harvesting nation's regulatory programs to address incidental and 
intentional mortality and serious injury of marine mammals in its 
commercial fisheries producing fish and fish products exported to the 
United States.
    Under the final rule, fish or fish products cannot be imported into 
the United States from commercial fishing operations that result in the 
incidental mortality or serious injury of marine mammals in excess of 
U.S. standards (16 U.S.C. 1371(a)(2)). NMFS published a List of Foreign 
Fisheries (LOFF) on March 16, 2018 (83 FR 11703) to classify fisheries 
subject to the import requirements. Effective January 1, 2022, fish and 
fish products from fisheries identified by the Assistant Administrator 
in the LOFF can only be imported into the United States if the 
harvesting nation has applied for and received a comparability finding 
from NMFS for those fisheries. The rule established the procedures that 
a harvesting nation must follow, and the conditions it must meet, to 
receive a comparability finding for a fishery on the LOFF. The final 
rule established a five-year exemption period, ending January 1, 2022, 
before imports would be subject to any trade restrictions (see 50 CFR 
216.24(h)(2)(ii)).
    Vaquita are listed as an endangered species under the U.S. 
Endangered Species Act, 16 U.S.C. 1531 et seq., and are endemic to 
northern Gulf of California waters in Mexico. In 2018, the 
International Committee for the Recovery of the Vaquita (CIRVA)--a 
group of international scientists supported by Mexico and led by 
Mexican scientists--estimated that fewer than 22 individuals remain. 
Gillnets used to illegally fish for totoaba (an endangered fish also 
endemic to the Gulf of California) are the direct primary source of 
current vaquita mortality and continue to be deployed to supply China's 
black-market demand for totoaba swim bladders.
    On May 18, 2017, Natural Resources Defense Council (NRDC), Center 
for Biological Diversity (CBD), and the Animal Welfare Institute (AWI) 
petitioned the Secretaries of Homeland Security, the Treasury, and 
Commerce to ``ban the importation of commercial fish or products from 
fish'' sourced using fishing activities that ``result in the incidental 
mortality or incidental serious injury'' of vaquita ``in excess of 
United States standards.'' The petitioners requested that the 
Secretaries immediately ban imports of all fish and fish products from 
Mexico that do not satisfy the MMPA import provision requirements, 
claiming that emergency action banning such imports is necessary to 
avoid immediate, ongoing, and ``unacceptable risks'' to vaquita. NMFS 
published a notice of the petition's receipt on August 22, 2017 (82 FR 
39732), in the Federal Register for a 60-day comment period.
    On December 21, 2017, the petitioners filed suit in the United 
States District Court for the District of Columbia, which among other 
things challenged the failure of NMFS, the U.S. Department of Commerce, 
the U.S. Department of the Treasury, and the U.S. Department of 
Homeland Security (``Defendants'') to respond to the petition pursuant 
to the Administrative Procedure Act (``APA'') (5 U.S.C. 551-559; 701-
706). On March 21, 2018, the petitioners filed suit before the Court of 
International Trade seeking an injunction requiring the U.S. Government 
to ban the import of fish or fish products from any Mexican commercial 
fishery that uses gillnets within the vaquita's range. On April 16, 
2018, Petitioners filed a motion for a preliminary injunction on which 
oral argument was held on July 10, 2018. The Court of International 
Trade granted the motion for preliminary injunction and denied the U.S. 
Government's motion to dismiss the lawsuit. On July 26, 2018, and 
August 14, 2018, the Court of International Trade (CIT) (Slip-Op 18-92) 
required the U.S. Government to ban all fish and fish products from 
Mexican commercial fisheries that use gillnets within the vaquita's 
range, pending final adjudication of the merits. This ban includes the 
importation from Mexico of all shrimp, curvina, sierra, and chano fish 
and their products caught with gillnets inside the vaquita's range. To 
effect this court order, NMFS published a Federal Register notice on 
August 28, 2018 (83 FR 43792), giving notice of import restrictions on 
fish and fish products from Mexico caught with gillnets deployed in the 
range of the vaquita. In that notice, NMFS also stipulated requirements 
that all other fish and fish products not within the scope of the 
import restrictions but imported under the Harmonized Tariff Schedule 
(HTS) codes associated with the prohibited fish and fish products be 
accompanied by a Certification of Admissibility in accordance with the 
provisions of 50 CFR 216.24(h)(9).
    On November 9, 2018, the Government of Mexico requested that the 
Assistant Administrator make comparability findings based upon 
documentary evidence provided by the Government of Mexico for the Upper 
Gulf of California shrimp trawl fishery for both small and large 
vessels; Upper Gulf of California shrimp suripera \1\ fishery; Upper 
Gulf of California sierra purse seine fishery; Upper Gulf of California 
sierra hook and line fishery; Upper Gulf of California chano trawl 
fishery, for small vessels; Upper Gulf of California curvina purse 
seine fishery; Upper Gulf of California sardine/curvina purse seine 
fishery for both

[[Page 13628]]

small and large vessels; and El Golfo de Santa Clara curvina rodeo-
style gillnet fishery. As stated in the final rule (81 FR 54397, August 
15, 2016), nothing within the procedures set forth in 50 CFR 216.24(h) 
prevents a nation from implementing a bycatch reduction regulatory 
program and seeking a comparability finding during the five-year 
exemption period (see 50 CFR 216.24(h)(2)(ii)).
---------------------------------------------------------------------------

    \1\ Suripera nets rely on utilizing the movement of the wind and 
water currents to draw shrimp into a small-mesh modified cast net.
---------------------------------------------------------------------------

    On December 6, 2018, NMFS, under the authority of the MMPA, issued 
comparability findings for the following Government of Mexico's 
authorized fisheries in the Upper Gulf of California: Shrimp trawl 
fishery for both small and large vessels; shrimp suripera fishery; 
sierra purse seine fishery; sierra hook and line fishery; chano trawl 
fishery, for small vessels; curvina purse seine fishery; and sardine/
curvina purse seine fishery for both small and large vessels. On that 
same date, NMFS denied a comparability finding for the El Golfo de 
Santa Clara curvina rodeo-style gillnet fishery in accordance with 50 
CFR 216.24(h)(9).

Revocation of the Comparability Finding

    On April 8, 2019, NMFS notified the Government of Mexico that it 
had failed to put in place and implement a regulatory program to 
effectuate the regulatory improvements identified in the Plan for 
Improvement to the Program on the Comprehensive Care of the Upper Gulf 
and the Comprehensive Program for the Protection and Recovery of the 
Vaquita. NMFS stated that absent such a regulatory program there can be 
no comparability finding for the fisheries for which a comparability 
finding was granted. Therefore, under section 50 CFR 216.24 
(h)(8)(vii), NMFS notified the Government of Mexico that it was 
reconsidering the comparability finding issued to the fisheries 
operating in the Upper Gulf of California on the basis that the 
Government of Mexico has failed to put in place a regulatory program 
comparable in effectiveness to the U.S. regulatory program for those 
fisheries.
    The Government of Mexico has failed to implement the regulatory 
plan that formed the basis for the comparability findings. Furthermore, 
the Government of Mexico has failed to authorize (e.g., provide fishing 
permits) shrimp trawls for small vessels (e.g., pangas), the only 
legally mandated gear type for harvesting shrimp and for which a 
comparability finding has been made. Without this authorization, this 
fishery cannot legally operate, forcing fishermen to resort to illegal 
fishing either with gillnets (which have been banned in the shrimp 
fishery) or unauthorized trawl gear. Furthermore, the Government of 
Mexico has failed to fully implement and enforce its existing laws and 
regulatory regime including the existing gillnet ban, the provisions 
which prohibit fishing in the vaquita refuge, and inspection of fishing 
vessels leaving and arriving to port. In accordance with the MMPA 
import provisions, on September 9, 2019, NMFS notified the Government 
of Mexico, in writing, that it has made a preliminary finding to revoke 
the Government of Mexico's comparability finding for the fisheries 
operating in the Upper Gulf of California. The Government of Mexico 
again failed to take corrective action to come into compliance by 
implementing the regulatory programs that had formed the basis for the 
original comparability findings.
    In accordance with 50 CFR 216.24(h)(8)(vii), a comparability 
finding will be terminated or revoked if the Assistant Administrator 
determines that the requirements of 50 CFR 216.24(h)(6) are no longer 
being met. Pursuant to 50 CFR 216.24(h)(8)(vii) the Assistant 
Administrator has determined that Mexico's fisheries operating in the 
Upper Gulf of California which currently possess a comparability 
finding are no longer meeting the requirements of 50 CFR 216.24(h)(6). 
Therefore, the Assistant Administrator is revoking these comparability 
findings. In accordance with 50 CFR 216.24(h)(9)(ii), the Government of 
Mexico can reapply for a comparability finding for the affected 
fisheries at any time. All other exempt and export fisheries operating 
under the control of the Government of Mexico are still subject to the 
five-year exemption period under 50 CFR 216.24(h)(2)(ii). By March 1, 
2021, per the requirements of 50 CFR 216.24(h)(6), the Government of 
Mexico, like all harvesting nations, must apply a comparability finding 
for all fisheries on the List of Foreign Fisheries, including those in 
this Federal Register Notice. By January 1, 2022 all fisheries must 
have a comparability finding in order to export fish and fish products 
from those fisheries to the United States. Also, the Government of 
Mexico is still required to provide a progress report in accordance 
with 50 CFR 216.24(h)(10) for these fisheries and all other fisheries 
on its List of Foreign Fisheries.
    Pursuant to 50 CFR 216.24(h)(9) the U.S. government will 
immediately ban the importation from Mexico of all shrimp, curvina, 
sierra, chano, anchovy, herrings, sardines, mackerels croaker, and 
pilchard fish and fish products, imported under the HTS codes in Table 
1, caught with gillnets inside the vaquita's range under section 
101(a)(2) of the MMPA(16 U.S.C. 1371(a)(2)) or associated with the 
fisheries for which a comparability finding has been revoked.
    Curvina, sierra, chano, and pilchard are not imported into the 
United States under HTS codes that are specific to the type of fish. 
Instead, these fish are imported under non-specific fish and marine 
fish codes. Consequently, the list in Table 1 includes those non-
specific HTS codes necessary to encompass the range of probable codes 
used for products subject to the trade restriction. To allow imports of 
seafood outside the scope of these import restrictions, and to minimize 
disruptions to trade, fish and fish products of the same or similar 
fish or fish products imported to the United States under the HTS codes 
listed in Table 1 from Mexico that are not subject to these import 
prohibitions must be accompanied by a Certification of Admissibility. 
The Certification of Admissibility and accompanying instructions are 
available at https://www.fisheries.noaa.gov/topic/international-affairs.
    As of the compliance date, imports of the fish and fish products 
from Mexico filed under the HTS codes listed in Table 1 are required to 
be accompanied by a Certification of Admissibility in order to obtain 
release of the inbound shipment. See DATES section for the compliance 
date of the requirement for Certification of Admissibility. The 
Certification of Admissibility is an information collection subject to 
the requirements of the Paperwork Reduction Act and has been approved 
by the Office of Management and Budget under control number 0648-0651.

[[Page 13629]]



      Table 1--HTS Codes Requiring a Certification of Admissibility
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  Harmonized Tariff Schedule 2020
               Codes                         Product description
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0302.44.0000......................  Fish, fresh or chilled, excluding
                                     fish fillets and other fish meat of
                                     heading 0304: Mackerel (Scomber
                                     scombrus, Scomber australasicus,
                                     Scomber japonicus) Fresh chilled
                                     whole Atlantic and Blue/Japanese
                                     Mackerel.
0302.45.1100......................  Fish, fresh or chilled, excluding
                                     fish fillets and other fish meat of
                                     heading 0304: Jack and horse
                                     mackerel (Trachurus spp): Scaled
                                     (whether or not heads, viscera and/
                                     or fins have been removed, but not
                                     otherwise processed), in immediate
                                     containers weighing with their
                                     contents 6.8 kg or less.
0302.45.5000......................  Fish, fresh or chilled, excluding
                                     fish fillets and other fish meat of
                                     heading 0304: Jack and horse
                                     mackerel (Trachurus spp): Other.
0302.49.0000......................  Fish, fresh or chilled, excluding
                                     fish fillets and other fish meat of
                                     heading 0304: Herrings (Clupea
                                     harengus, Clupea pallasii),
                                     anchovies (Engraulis spp.),
                                     sardines (Sardina pilchardus,
                                     Sardinops spp.), sardinella
                                     (Sardinella spp.), brisling or
                                     sprats (Sprattus sprattus),
                                     mackerel (Scomber scombrus, Scomber
                                     australasicus, Scomber japonicus),
                                     Indian mackerels (Rastrelliger
                                     spp.), seerfishes (Scomberomorus
                                     spp.), jack and horse mackerel
                                     (Trachurus spp.), jacks, crevalles
                                     (Caranx spp.), cobia (Rachycentron
                                     canadum), silver pomfrets (Pampus
                                     spp.), Pacific saury (Cololabis
                                     saira), scads (Decapterus spp.),
                                     capelin (Mallotus villosus),
                                     swordfish (Xiphias gladius),
                                     Kawakawa (Euthynnus affinis),
                                     bonitos (Sarda spp.), marlins,
                                     sailfishes, spearfish
                                     (Istiophoridae), excluding edible
                                     fish offal of subheadings 0302.91
                                     to 0302.99: Other Fish.
0302.59.1100......................  Fish, fresh or chilled, excluding
                                     fish fillets and other fish meat of
                                     heading 0304: Fish of the families
                                     Bregmacerotidae, Euclichthyidae
                                     Gadidae, Macrouridae, Melanonidae,
                                     Merlucciidae, Moridae and
                                     Muraenolepididae, excluding edible
                                     fish offal of subheadings 0302.91
                                     to 0302.99: Other Fish: Scaled
                                     (whether or not heads, viscera and/
                                     or fins have been removed, but not
                                     otherwise processed), in immediate
                                     containers weighing with their
                                     contents 6.8 kg or less.
0302.59.5090......................  Fish, fresh or chilled, excluding
                                     fish fillets and other fish meat of
                                     heading 0304: Fish of the families
                                     Bregmacerotidae, Euclichthyidae
                                     Gadidae, Macrouridae, Melanonidae,
                                     Merlucciidae, Moridae and
                                     Muraenolepididae, excluding edible
                                     fish offal of subheadings 0302.91
                                     to 0302.99: Other Fish: Other:
                                     Other fish.
0302. 89.1140.....................  Fish, fresh or chilled, excluding
                                     fish fillets and other fish meat of
                                     heading 0304: Other fish, excluding
                                     edible fish offal of subheadings
                                     0302.91 to 0302.99: Other: Scaled
                                     (whether or not heads, viscera and/
                                     or fins have been processed), in
                                     immediate containers weighing with
                                     their contents 6.8 kg or less:
                                     Other Fish.
0303.54.0000......................  Fish, frozen, excluding fish fillets
                                     and other fish meat of heading
                                     0304: Mackerel (Scomber scombrus,
                                     Scomber australasicus, Scomber
                                     japonicus).
0303.55.0000......................  Fish, frozen, excluding fish fillets
                                     and other fish meat of heading
                                     0304: Jack and horse mackerel
                                     (Trachurus spp.).
0303.59.0000......................  Fish, frozen, excluding fish fillets
                                     and other fish meat of heading
                                     0304: Other Fish.
0304.49.0190......................  Fish, frozen, excluding fish fillets
                                     and other fish meat of heading
                                     0304: Fish fillets and other fish
                                     meat (whether or not minced),
                                     fresh, chilled or frozen: Fresh or
                                     chilled fillets of other fish:
                                     Other: Other Fish.
0304.59.0091......................  Fish, frozen, excluding fish fillets
                                     and other fish meat of heading
                                     0304: Fish fillets and other fish
                                     meat (whether or not minced),
                                     fresh, chilled or frozen: Fresh or
                                     chilled fillets of other fish:
                                     Other Fish Chilled: Other.
0304.89.1090......................  Fish, frozen, excluding fish fillets
                                     and other fish meat of heading
                                     0304: Frozen fillets of other fish:
                                     Other: Skinned, whether or not
                                     divided into pieces, and frozen
                                     into blocks each weighing over 4.5
                                     kg, imported to be minced, ground
                                     or cut into pieces of uniform
                                     weights and dimensions: Other Fish.
0304.89.5091......................  Fish fillets and other fish meat
                                     (whether or not minced), fresh,
                                     chilled or frozen: Frozen fillets
                                     of other fish: Other: Other Fish.
0304.99.1104......................  Fish, frozen, excluding fish fillets
                                     and other fish meat of heading
                                     0304: Other, frozen: Other: In bulk
                                     or in immediate containers weighing
                                     with their contents over 6.8 kg
                                     each: Minced: Surimi.
0304.99.1109......................  Fish, frozen, excluding fish fillets
                                     and other fish meat of heading
                                     0304: Other, frozen: Other: In bulk
                                     or in immediate containers weighing
                                     with their contents over 6.8 kg
                                     each: Minced: Other.
0304.99.1194......................  Fish, frozen, excluding fish fillets
                                     and other fish meat of heading
                                     0304: Other, frozen: Other: In bulk
                                     or in immediate containers weighing
                                     with their contents over 6.8 kg
                                     each: Other: Other Fish.
0304.99.9190......................  Fish, frozen, excluding fish fillets
                                     and other fish meat of heading
                                     0304: Other, frozen: Other: Other:
                                     Ocean Fish.
0305.10.2000......................  Fish, dried, salted or in brine;
                                     smoked fish, whether or not cooked
                                     before or during the smoking
                                     process; flours, meals and pellets
                                     of fish, fit for human consumption:
                                     Flours, meals and pellets of fish,
                                     fit for human consumption: In bulk
                                     or in immediate containers weighing
                                     with their contents over 6.8 kg
                                     each.
0305.10.4000......................  Fish, dried, salted or in brine;
                                     smoked fish, whether or not cooked
                                     before or during the smoking
                                     process; flours, meals and pellets
                                     of fish, fit for human consumption:
                                     Flours, meals and pellets of fish,
                                     fit for human consumption: Other.
0305.39.4000......................  Fish, dried, salted or in brine;
                                     smoked fish, whether or not cooked
                                     before or during the smoking
                                     process; flours, meals and pellets
                                     of fish, fit for human consumption:
                                     Fish fillets, dried, salted or in
                                     brine, but not smoked: Mackerel, in
                                     immediate containers weighing with
                                     their contents 6.8 kg or less each.
0305.39.6180......................  Fish, dried, salted or in brine;
                                     smoked fish, whether or not cooked
                                     before or during the smoking
                                     process; flours, meals and pellets
                                     of fish, fit for human consumption:
                                     Fish fillets, dried, salted or in
                                     brine, but not smoked: Other: Other
                                     Fish.
0305.49.2000......................  Fish, dried, salted or in brine;
                                     smoked fish, whether or not cooked
                                     before or during the smoking
                                     process; flours, meals and pellets
                                     of fish, fit for human consumption:
                                     Smoked fish, including fillets,
                                     other than edible fish offal:
                                     Other: Mackerel.
0305.49.4045......................  Fish, dried, salted or in brine;
                                     smoked fish, whether or not cooked
                                     before or during the smoking
                                     process; flours, meals and pellets
                                     of fish, fit for human consumption:
                                     Smoked fish, including fillets,
                                     other than edible fish offal:
                                     Other: Other Fish.

[[Page 13630]]

 
0305.54.0000......................  Fish, dried, salted or in brine;
                                     smoked fish, whether or not cooked
                                     before or during the smoking
                                     process; flours, meals and pellets
                                     of fish, fit for human consumption:
                                     Dried fish, other than edible fish
                                     offal, whether or not salted but
                                     not smoked: Herrings (Clupea
                                     harengus, Clupea pallasii),
                                     anchovies (Engraulis spp.),
                                     sardines (Sardina pilchardus,
                                     Sardinops spp.), sardinella
                                     (Sardinella spp.), brisling or
                                     sprats (Sprattus sprattus),
                                     mackerel (Scomber scombrus, Scomber
                                     australasicus, Scomber japonicus),
                                     Indian mackerels (Rastrelliger
                                     spp.), seerfishes (Scomberomorus
                                     spp.), jack and horse mackerel
                                     (Trachurus spp.), jacks, crevalles
                                     (Caranx spp.), cobia (Rachycentron
                                     canadum), silver pomfrets (Pampus
                                     spp.), Pacific saury (Cololabis
                                     saira), scads (Decapterus spp.),
                                     capelin (Mallotus villosus),
                                     swordfish (Xiphias gladius),
                                     Kawakawa (Euthynnus affinis),
                                     bonitos (Sarda spp.), marlins,
                                     sailfishes, spearfish
                                     (Istiophoridae).
0305.59.0001......................  Fish, dried, salted or in brine;
                                     smoked fish, whether or not cooked
                                     before or during the smoking
                                     process; flours, meals and pellets
                                     of fish, fit for human consumption:
                                     Dried fish, other than edible fish
                                     offal, whether or not salted but
                                     not smoked: Other Fish.
0305.69.2000......................  Fish, dried, salted or in brine;
                                     smoked fish, whether or not cooked
                                     before or during the smoking
                                     process; flours, meals and pellets
                                     of fish, fit for human consumption:
                                     Fish, salted but not dried or
                                     smoked and fish in brine, other
                                     than edible fish offal: Mackerel:
                                     In immediate containers weighing
                                     with their contents 6.8 kg or less
                                     each.
0305.69.3000......................  Fish, dried, salted or in brine;
                                     smoked fish, whether or not cooked
                                     before or during the smoking
                                     process; flours, meals and pellets
                                     of fish, fit for human consumption:
                                     Fish, salted but not dried or
                                     smoked and fish in brine, other
                                     than edible fish offal: Mackerel:
                                     Other.
0305.69.5001......................  Fish, dried, salted or in brine;
                                     smoked fish, whether or not cooked
                                     before or during the smoking
                                     process; flours, meals and pellets
                                     of fish, fit for human consumption:
                                     Fish, salted but not dried or
                                     smoked and fish in brine, other
                                     than edible fish offal: Other Fish:
                                     In immediate containers weighing
                                     with their contents 6.8 kg or less
                                     each.
0305.69.6001......................  Fish, dried, salted or in brine;
                                     smoked fish, whether or not cooked
                                     before or during the smoking
                                     process; flours, meals and pellets
                                     of fish, fit for human consumption:
                                     Fish, salted but not dried or
                                     smoked and fish in brine, other
                                     than edible fish offal: Other Fish:
                                     Other.
0305.79.0000......................  Fish, dried, salted or in brine;
                                     smoked fish, whether or not cooked
                                     before or during the smoking
                                     process; flours, meals and pellets
                                     of fish, fit for human consumption:
                                     Fish fins, heads, tails, maws and
                                     other edible fish offal: Other
                                     Fish.
0306.17.0003......................  Other shrimps and prawns: Shell-on,
                                     imported in accordance with
                                     Statistical Note 1 to this chapter:
                                     Count size (headless weight) less
                                     than 33 per kg (15s).
0306.17.0006......................  Other shrimps and prawns: Shell-on,
                                     imported in accordance with
                                     Statistical Note 1 to this chapter:
                                     Count size (headless weight) 33-45
                                     per kg (15-20s).
0306.17.0009......................  Other shrimps and prawns: Shell-on,
                                     imported in accordance with
                                     Statistical Note 1 to this chapter:
                                     Count size (headless weight) 46-55
                                     per kg (21-25s).
0306.17.0012......................  Other shrimps and prawns: Shell-on,
                                     imported in accordance with
                                     Statistical Note 1 to this chapter:
                                     Count size (headless weight) 56-66
                                     per kg (26-30s).
0306.17.0015......................  Other shrimps and prawns: Shell-on,
                                     imported in accordance with
                                     Statistical Note 1 to this chapter:
                                     Count size (headless weight) 67-88
                                     per kg (31-40s).
0306.17.0018......................  Other shrimps and prawns: Shell-on,
                                     imported in accordance with
                                     Statistical Note 1 to this chapter:
                                     Count size (headless weight) 89-110
                                     per kg (41-50s).
0306.17.0021......................  Other shrimps and prawns: Shell-on,
                                     imported in accordance with
                                     Statistical Note 1 to this chapter:
                                     Count size (headless weight) 111-
                                     132 per kg (51-60s).
0306.17.0024......................  Other shrimps and prawns: Shell-on,
                                     imported in accordance with
                                     Statistical Note 1 to this chapter:
                                     Count size (headless weight) 133-
                                     154 per kg (61-70s).
0306.17.0027......................  Other shrimps and prawns: Shell-on,
                                     imported in accordance with
                                     Statistical Note 1 to this chapter:
                                     Count size (headless weight) more
                                     than 154 per kg (70s).
0306.17.0040......................  Other shrimps and prawns: Peeled,
                                     imported in accordance with
                                     statistical note 1 to this chapter.
0306.36.0020......................  Other shrimps and prawns: Shell-on.
0306.36.0040......................  Other shrimps and prawns: Peeled.
0306.95.0020......................  Other: Shrimps and prawns: Shell-on.
0306.95.0040......................  Other: Shrimps and prawns: Peeled.
0511.99.3060......................  Products chiefly used as food for
                                     animals or as ingredients in such
                                     food: Other.
1604.15.0000......................  Prepared or preserved fish; caviar
                                     and caviar substitutes prepared
                                     from fish eggs: Fish, whole or in
                                     pieces, but not minced: Mackerel.
1604.19.4100......................  Prepared or preserved fish; caviar
                                     and caviar substitutes prepared
                                     from fish eggs: Fish, whole or in
                                     pieces, but not minced: Other
                                     (including yellowtail): Other: Fish
                                     sticks and similar products of any
                                     size or shape, fillets or other
                                     portions of fish, if breaded,
                                     coated with batter or similarly
                                     prepared: Neither cooked nor in
                                     oil.
1604.19.5100......................  Prepared or preserved fish; caviar
                                     and caviar substitutes prepared
                                     from fish eggs: Fish, whole or in
                                     pieces, but not minced: Other
                                     (including yellowtail): Other: Fish
                                     sticks and similar products of any
                                     size or shape, fillets or other
                                     portions of fish, if breaded,
                                     coated with batter or similarly
                                     prepared: Other.
1604.19.6100......................  Prepared or preserved fish; caviar
                                     and caviar substitutes prepared
                                     from fish eggs: Fish, whole or in
                                     pieces, but not minced: Other
                                     (including yellowtail): Other: In
                                     oil and in bulk or in immediate
                                     containers weighing with their
                                     contents over 7 kg each.
1604.19.8200......................  Prepared or preserved fish; caviar
                                     and caviar substitutes prepared
                                     from fish eggs: Fish, whole or in
                                     pieces, but not minced: Other
                                     (including yellowtail): Other:
                                     Other.
1604.20.0510......................  Prepared or preserved fish; caviar
                                     and caviar substitutes prepared
                                     from fish eggs: Other prepared or
                                     preserved fish: Products containing
                                     meat of crustaceans, molluscs or
                                     other aquatic invertebrates;
                                     prepared meals: Prepared meals.

[[Page 13631]]

 
1604.20.0590......................  Prepared or preserved fish; caviar
                                     and caviar substitutes prepared
                                     from fish eggs: Other prepared or
                                     preserved fish: Products containing
                                     meat of crustaceans, molluscs or
                                     other aquatic invertebrates;
                                     prepared meals: Other.
1604.20.1000......................  Prepared or preserved fish; Other
                                     prepared or preserved fish: Other:
                                     Pastes.
1604.20.1500......................  Prepared or preserved fish; Other
                                     prepared or preserved fish: Other:
                                     Balls, cakes and puddings: In oil.
1604.20.2000......................  Prepared or preserved fish; Other
                                     prepared or preserved fish: Other:
                                     Balls, cakes and puddings: Not in
                                     oil: In immediate containers
                                     weighing with their contents not
                                     over 6.8 kg each: In airtight
                                     containers.
1604.20.2500......................  Prepared or preserved fish; Other
                                     prepared or preserved fish: Other:
                                     Balls, cakes and puddings: Not in
                                     oil: In immediate containers
                                     weighing with their contents not
                                     over 6.8 kg each: Other.
1604.20.3000......................  Prepared or preserved fish; Other
                                     prepared or preserved fish: Other:
                                     Balls, cakes and puddings: Not in
                                     oil: Other.
1604.20.4000......................  Prepared or preserved fish; Other
                                     prepared or preserved fish: Fish
                                     sticks and similar products of any
                                     size or shape, if breaded, coated
                                     with batter or similarly prepared:
                                     Neither cooked nor in oil.
1604.20.5000......................  Prepared or preserved fish; Other
                                     prepared or preserved fish: Fish
                                     sticks and similar products of any
                                     size or shape, if breaded, coated
                                     with batter or similarly prepared:
                                     Other.
1604.20.5010......................  Prepared or preserved fish; Other
                                     prepared or preserved fish: Fish
                                     sticks and similar products of any
                                     size or shape, if breaded, coated
                                     with batter or similarly prepared:
                                     Other: Pre-cooked and frozen.
1604.20.5090......................  Prepared or preserved fish; Other
                                     prepared or preserved fish: Fish
                                     sticks and similar products of any
                                     size or shape, if breaded, coated
                                     with batter or similarly prepared:
                                     Other: Other.
1604.20.6010......................  Prepared or preserved fish; Other
                                     prepared or preserved fish: Pre-
                                     cooked and frozen.
1604.20.6090......................  Prepared or preserved fish; Other
                                     prepared or preserved fish: Other.
1605.21.0500......................  Crustaceans, molluscs and other
                                     aquatic invertebrates, prepared or
                                     preserved: Shrimps and prawns: Not
                                     in airtight containers: Products
                                     containing fish meat; prepared
                                     meals.
1605.21.1020......................  Crustaceans, molluscs and other
                                     aquatic invertebrates, prepared or
                                     preserved: Shrimps and prawns: Not
                                     in airtight containers: Other:
                                     Frozen, imported in accordance with
                                     Statistical Note 1 to this chapter:
                                     Breaded.
1605.21.1030......................  Crustaceans, molluscs and other
                                     aquatic invertebrates, prepared or
                                     preserved: Shrimps and prawns: Not
                                     in airtight containers: Other:
                                     Frozen, imported in accordance with
                                     Statistical Note 1 to this chapter:
                                     Other.
1605.21.1050......................  Crustaceans, molluscs and other
                                     aquatic invertebrates, prepared or
                                     preserved: Shrimps and prawns: Not
                                     in airtight containers: Other:
                                     Other, imported in accordance with
                                     Statistical Note 1 to this chapter.
1605.29.0500......................  Crustaceans, molluscs and other
                                     aquatic invertebrates, prepared or
                                     preserved: Shrimps and prawns:
                                     Other: Products containing fish
                                     meat; prepared meals.
1605.29.1010......................  Crustaceans, molluscs and other
                                     aquatic invertebrates, prepared or
                                     preserved: Shrimps and prawns:
                                     Other: Frozen, imported in
                                     accordance with Statistical Note 1
                                     to this chapter.
1605.29.1040......................  Crustaceans, molluscs and other
                                     aquatic invertebrates, prepared or
                                     preserved: Shrimps and prawns:
                                     Other: Other: Other, imported in
                                     accordance with Statistical Note 1
                                     to this chapter.
2309.10.0010......................  Preparations of a kind used in
                                     animal feeding: Dog or cat food,
                                     put up for retail sale: In airtight
                                     containers.
2309.10.0090......................  Preparations of a kind used in
                                     animal feeding: Dog or cat food,
                                     put up for retail sale: Other.
2309.90.1015......................  Preparations of a kind used in
                                     animal feeding: Other: Mixed feeds
                                     or mixed feed ingredients: Other
                                     pet food, put up for retail sale.
2309.90.1050......................  Preparations of a kind used in
                                     animal feeding: Other: Mixed feeds
                                     or mixed feed ingredients: Other.
------------------------------------------------------------------------

    The HTS codes applicable to the products subject to the 
requirements of this import restriction may be revised from time to 
time due to updates to the HTS by the International Trade Commission. 
Any such changes will be notified to the trade community in accordance 
with CBP's notification procedures. In addition, NMFS and CBP will 
actively monitor the border operations of the trade restriction and the 
certification requirement in the initial weeks of implementation to 
determine if the list of affected HTS codes can be adjusted to further 
minimize disruption to trade while maintaining compliance with the 
court order and this action.
    Importers are advised to determine if other NMFS program 
requirements (e.g., Tuna Tracking and Verification Program, Seafood 
Import Monitoring Program) or other agency requirements (e.g., Fish and 
Wildlife Service, State Department, Food and Drug Administration) have 
Automated Commercial Environment (ACE) data reporting requirements 
applicable to the HTS codes identified in Table 1 as subject to 
certification under the MMPA import provisions. In such cases, the 
other reporting requirements still pertain in addition to the 
Certification of Admissibility requirements imposed to effectuate the 
court order and this action.
    Until such time as the import restrictions imposed by this action 
are lifted or revised, trade restrictions on these products harvested 
by gillnets in the UGC of Mexico within the vaquita's range or 
associated with the fisheries for which a comparability finding has 
been revoked will continue and Certification of Admissibility will be 
required for the HTS codes listed in this notice.

    Authority: 16 U.S.C. 1361 et seq.

    Dated: March 3, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2020-04692 Filed 3-4-20; 4:15 pm]
BILLING CODE 3510-22-P