Rule2024-05936
International Affairs; Antarctic Marine Living Resources Convention Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 21, 2024
Effective
April 22, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule sets forth changes to the Antarctic Marine Living Resources Convention Act of 1984 (AMLRCA) regulations, including those that implement the trade-monitoring program for frozen and fresh Dissostichus species, commonly marketed or referred to as Chilean seabass or Patagonian toothfish. Specifically, this action: revises regulations that specify the circumstances under which NMFS would deny issuance of a preapproval certificate that is required to legally import frozen Dissostichus species; adds regulations that specify the circumstances under which NMFS would deny issuance of a re-export or export document that is required to legally re-export or export both frozen and fresh Dissostichus species; clarifies that the applicable authorization must be received prior to re-export or export; and removes the prohibition on the importation of Dissostichus species harvested from the Food and Agriculture Organization of the United Nations (FAO) Statistical Areas 51 and 57. NMFS also makes other non- substantive technical and procedural updates.
Full Text
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<title>Federal Register, Volume 89 Issue 56 (Thursday, March 21, 2024)</title>
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[Federal Register Volume 89, Number 56 (Thursday, March 21, 2024)]
[Rules and Regulations]
[Pages 20133-20138]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05936]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 240311-0077]
RIN 0648-BJ85
International Affairs; Antarctic Marine Living Resources
Convention Act
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule sets forth changes to the Antarctic Marine
Living Resources Convention Act of 1984 (AMLRCA) regulations, including
those that implement the trade-monitoring program for frozen and fresh
Dissostichus species, commonly marketed or referred to as Chilean
seabass or Patagonian toothfish. Specifically, this action: revises
regulations that specify the circumstances under which NMFS would deny
issuance of a preapproval certificate that is required to legally
import frozen Dissostichus species; adds regulations that specify the
circumstances under which NMFS would deny issuance of a re-export or
export document that is required to legally re-export or export both
frozen and fresh Dissostichus species; clarifies that the applicable
authorization must be received prior to re-export or export; and
removes the prohibition on the importation of Dissostichus species
harvested from the Food and Agriculture Organization of the United
Nations (FAO) Statistical Areas 51 and 57. NMFS also makes other non-
substantive technical and procedural updates.
DATES: This rule is effective April 22, 2024.
FOR FURTHER INFORMATION CONTACT: Mi Ae Kim, Office of International
Affairs, Trade, and Commerce (IATC), NMFS (phone 301-427-8365, or email
<a href="/cdn-cgi/l/email-protection#b8d5d196d9dd96d3d1d5f8d6d7d9d996dfd7ce"><span class="__cf_email__" data-cfemail="167b7f387773387d7f7b567879777738717960">[email protected]</span></a>).
SUPPLEMENTARY INFORMATION:
Background
The United States is a contracting party to the Convention on the
[[Page 20134]]
Conservation of Antarctic Marine Living Resources (Convention) and a
member of the governing body established under the Convention--the
Commission for the Conservation of Antarctic Marine Living Resources
(CCAMLR or Commission). During its annual meetings, the Commission
formulates and adopts conservation measures (CM) that apply to fishing
for Antarctic marine living resources in the Convention Area, which
generally consists of the Southern Ocean. AMLRCA, codified at 16 U.S.C.
2431, et seq., provides the statutory authority for the United States
to carry out its obligations under the Convention. Under section
307(b)(1) of AMLRCA, 16 U.S.C. 2436(b), the Secretary of Commerce has
authority to promulgate regulations as necessary and appropriate to
implement AMLRCA. Acting under a delegation of that authority, the
Assistant Administrator for Fisheries has implemented Commission-
adopted conservation measures that are binding on the United States
through regulations at 50 CFR part 300, subpart G. NMFS proposed
changes to its AMLRCA regulations on May 5, 2023 (88 FR 29043), and the
public comment period on that proposed rule ended on June 5, 2023, but
was reopened until June 30, 2023 (88 FR 39216, June 15, 2023). Further
background is provided in the proposed rule (88 FR 29043, May 5, 2023),
and, therefore, is not repeated here.
To inhibit trade of illegal catches, CCAMLR adopted CM 10-05, which
established an electronic Catch Documentation Scheme (CDS) for tracking
of Dissostichus species from harvest through the trade cycle, including
transshipment, landing, import, export, and re-export, regardless of
where the fish were harvested. Under the regulations at 50 CFR part
300, subpart G, the Assistant Administrator implemented the CCAMLR CDS,
among other U.S. requirements, as a part of U.S. monitoring of trade in
Antarctic marine living resources. Those regulations require a
preapproval certificate for importation of frozen Dissostichus species,
50 CFR 300.105(a). For re-export or export of frozen or fresh product,
those regulations require an electronically-generated Dissostichus re-
export document (DRED), Sec. 300.106(f)(1)(ii) or export document
(DED), Sec. 300.106(g)(1)(ii), respectively. As explained in more
detail below, this final rule revises regulations at section 300.105
that apply to issuance of preapproval certificates required for
importation of frozen Dissostichus species, adds new regulations to
section 300.106 that apply to issuance of DREDs and DEDs, and makes
corresponding changes to the prohibitions under Sec. 300.114.
In addition, NMFS is clarifying that a person must receive the
electronically-generated DRED or DED required for re-export or export
of Dissostichus species before re-exporting or exporting any shipments.
Lastly, NMFS is updating references to the Antarctic Conservation
Act (ACA) (16 U.S.C. 2401, et seq., as amended) and associated regional
agreements, and contact information at NMFS and the Department of State
for reporting violations of conservation measures adopted by CCAMLR.
These regulatory revisions are further explained below.
Required Import and Trade Authorizations for Dissostichus Species and
Prohibitions
1. Revisions to prevent issuance of documents authorizing import,
re-export, or export of illegally-harvested Dissostichus species.
U.S. regulations provide that: ``No shipment of Dissostichus
species shall be released for entry into the United States unless
accompanied by an accurate, complete, valid and validated CCAMLR CDS
document.'' 50 CFR 300.106(a)(2). This applies to all shipments,
whether or not the subject Dissostichus species were harvested within
or outside of the Convention Area and regardless of whether the
respective harvesting vessel is flagged to a CCAMLR contracting party
or a non-contracting party cooperating with CCAMLR by participating in
the CDS. See 50 CFR 300.106(a)(1). Regulations that apply to issuance
of preapproval certificates for importation of frozen Dissostichus
species at Sec. 300.105(h) provide the circumstances when NMFS will
not issue a preapproval certificate. This final rule revises 50 CFR
300.105(h) by adding that NMFS will not issue a preapproval certificate
for any shipment of frozen Dissostichus species determined to have been
taken, possessed, transported, or sold in violation of:
<bullet> Any foreign law or regulation; or
<bullet> Any treaty within the meaning of section 2 of article II
of the U.S. Constitution.
In addition, under this final rule, NMFS will not issue a
preapproval certificate for any shipment of frozen Dissostichus species
determined to have been taken, possessed, transported, or sold in
contravention of any binding conservation measure adopted by an
international agreement or organization to which the United States is a
party. This implements the prohibition on such imports under other
existing federal law, e.g., section 307(1)(Q) of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), 16
U.S.C. 1857(1)(Q), and the Lacey Act, 16 U.S.C. 3372(a)). By
implementing this prohibition, NMFS aligns the bases for denying
preapprovals with prohibitions under other laws and avoids a possible
scenario where a preapproval certificate is issued for product
determined to be subject to enforcement action.
Because this prohibition applies without geographic condition, NMFS
will deny a preapproval certificate for Dissostichus species illegally
harvested or transshipped outside the Convention Area, including within
foreign exclusive economic zones or high seas areas under the
competence of a regional fisheries management organization or other
international agreement or organization.
This final rule also revises regulations to implement the
prohibition on the export and re-export of Dissostichus species
determined to have been harvested in a manner inconsistent with CCAMLR
conservation measures provided in the conservation measure that
established the CCAMLR CDS. Specifically, this final rule revises
regulations at Sec. 300.106(f)(1)(ii) and (g)(1)(ii) to provide that
NMFS will not issue a DRED or DED when Dissostichus species are
harvested or transshipped in contravention of a CCAMLR conservation
measure in force, AMLRCA, or the regulations of this subpart. In
addition, NMFS revises these paragraphs to include, as relevant, the
bases for denial that are added to Sec. 300.105(h) (preapproval
certificates) as discussed above. As with preapproval certificates,
these bases for denial of a DRED or a DED will prevent a situation
where NMFS issues a re-export or export document for Dissostichus
species that is prohibited from trade and that may be subject to an
enforcement action under other existing Federal law (e.g., Section
307(1)(Q) of the Magnuson-Stevens Act and the Lacey Act, 16 U.S.C.
3372(a)).
The final rule makes corresponding revisions to the prohibitions
under Sec. 300.114(o).
2. Removal of the prohibition on imports of Dissostichus species
from FAO Statistical Areas 51 and 57.
This final rule removes the prohibition on the importation of
Dissostichus species harvested from FAO Statistical Areas 51 and 57 in
what was Sec. 300.105(h)(1) and 300.114(o). The removal of this
prohibition is appropriate because the management, monitoring, and
control of fishing for
[[Page 20135]]
Dissostichus species in the Southern and Indian Oceans have much
improved since 2003, when this prohibition was implemented. For
example, CCAMLR has enabled verification of Dissostichus species
harvest locations reported in CDS documents, through vessel monitoring
system (VMS) reporting requirements for vessels participating in
Dissostichus species fisheries and processes for comparing CDS data
with relevant catch data. In addition, NMFS, as a condition for
issuance of a preapproval certificate for importation of frozen
Dissostichus species, requires verifiable documentation that a
harvesting vessel reported positions to CCAMLR's centralized VMS from
port-to-port in real-time regardless of harvest location (50 CFR
300.105(d)).
With these improvements, along with the Southern Indian Ocean
Fisheries Agreement (SIOFA) management of bottom-fishing activities in
the Indian Ocean including the high seas portions of Statistical Areas
51 and 57, the prohibition on imports from these areas is no longer
warranted.
Other Technical and Administrative Changes
1. Online application for a preapproval certificate.
The Office of International Affairs, Trade, and Commerce has made
the application process for preapproval certificates available online,
including the ability to access forms, submit required information, and
complete payment through a web portal. This process is in addition to
options for applying by mail or email using the portable document
format application form. The online application decreases the
processing time for preapproval certificates and serves to facilitate
entry processing for importers. This final rule revises Sec. 300.105
by deleting the requirement to provide information ``in writing,'' and
by noting that applications for a preapproval certificate are available
from NMFS instead of NMFS Headquarters and the National Seafood
Inspection Laboratory. This final rule removes the National Seafood
Inspection Laboratory from the list of definitions in Sec. 300.101.
2. Clarification on when a person must receive an electronically-
generated DRED or DED.
Under Sec. 300.106(f)(1)(ii) and (g)(1)(ii), a person must receive
an electronically-generated DRED or DED in order to re-export or export
Dissostichus species from the United States. To ensure clarity on the
timing of this requirement, this final rule revises Sec.
300.106(f)(1)(ii) and (g)(1)(ii) to explicitly provide that a person
must receive the electronically-generated DRED or DED before shipments
of Dissostichus species are re-exported or exported, consistent with
the obligations of CCAMLR CM 10-05.
3. Updates to reflect the ACA, as amended.
Congress amended the ACA to implement the Protocol on Environmental
Protection to the Antarctic Treaty (Protocol) and as part of those
amendments the statute was renamed the ``Antarctic Conservation Act.''
This final rule updates Sec. 300.101 to reflect that renaming. In
addition, this final rule revises Sec. 300.102(b) to replace the
reference to Agreed Measures for the Conservation of Antarctic Fauna
and Flora, which is no longer in effect, with the Protocol. Similarly,
this final rule removes a reference to the Agreed Measures in Sec.
300.113(c)(1), removes a reference to the Protocol in Sec.
300.113(a)(2) as there is no protected system under the Protocol that
would apply to CCAMLR Ecosystem Monitoring Program (CEMP) sites, and
updates a reference to specially protected areas regulated under the
ACA.
4. Update to contact information for reporting violations of CCAMLR
conservation measures.
This final rule updates the contact information under Sec. 300.115
for reporting any violations of CCAMLR conservation measures observed
in the Convention Area.
Changes From the Proposed Rule
With the exception of a minor, non-substantive editorial correction
in Sec. 300.107(a)(3) to correct a misspelling, this final rule
includes no changes to the regulatory text that was published in the
proposed rule.
Responses to Public Comments
NMFS received several public comments on the proposed rule,
addressed below.
Comment 1. A commenter strongly supports the rule as it would
contribute to fisheries monitoring and management.
Response 1. We appreciate the support.
Comment 2. For preapproval certificate applications, commenters
noted that the proposed rule does not explain the process NMFS would
use for determining violations of foreign laws and regulations pursuant
to the new regulatory language. A commenter suggested adding a process
for challenging or appealing a preapproval denial decision.
Response 2. The intent of this action is to align the bases for
denying preapprovals, or re-export or export documents, with
prohibitions under other existing federal laws. When processing
preapproval applications under the current regulations, NMFS routinely
checks that regulatory requirements have been met before issuance of a
preapproval certificate. Such checks include compliance with CCAMLR
measures, whether the vessel harvesting the product reported to the
CCAMLR central-vessel monitoring system during its fishing trip, and
that the product is accompanied by the required, accurate, complete,
valid, and validated CDS document(s). As with enforcement matters, NMFS
would consider all relevant information when evaluating whether
violations of laws or regulations have occurred, including the history,
nature, circumstances, extent, duration, and gravity of activities of
concern. NMFS may also consult with relevant nation(s). However, NMFS
does not have the resources or capacity to proactively investigate
potential activities of concern occurring around the world. When NMFS
determines that Dissostichus species product to be imported was taken,
possessed, transported, or sold in violation of any foreign laws or
regulations, this final rule clarifies that NMFS has the authority to
deny issuance of preapprovals (and re-export or export documents) for
those products. If NMFS denies preapproval, it will document the basis
for that decision in a written response to the applicant. This final
rule does not provide an administrative procedure to challenge a
denial. Such a decision by NMFS constitutes final agency action and
therefore is subject to judicial review in a federal district court.
Comment 3. Several commenters referred to NMFS' denial of a
preapproval certificate to import Dissostichus species harvested in
waters surrounding South Georgia in a recent fishing season, expressing
concern that the new basis for denial in this action (denial of a
preapproval certificate for shipments of Dissostichus species
determined to have been taken, possessed, transported or sold in
violation of any foreign law or regulation or in contravention of any
binding conservation measure adopted by an international agreement or
organization in which the United States is a party) is related to that
denial.
Response 3. NMFS issued the decision referenced in these comments--
to deny a preapproval certificate for Dissostichus species that were
harvested in Statistical Subarea 48.3 (which includes the waters around
South Georgia)--on September 15, 2022. That decision was based on a
specific
[[Page 20136]]
CCAMLR conservation measure and existing regulations at 50 CFR
300.105(d) and (h)(2). This final rule is unrelated to that September
15, 2022, decision, and does not change those regulatory provisions
except for making a technical change to renumber subparagraph (h)(2) as
(h)(1). Thus, NMFS does not view this final rule as having any effect
on the regulatory authority that the agency relied on in reaching that
decision.
Comment 4. Related to the comments directly above about issuance of
preapproval certificates, several commenters raised concerns that this
rule would lead to more frequent denials of imports of Dissostichus
species. Commenters also expressed concerns that the circumstances
under which NMFS would deny issuance of a preapproval certificate may
lead to uncertainty about what can be imported into the United States,
or may enable foreign governments to disrupt what is imported into the
United States for politically motivated reasons.
Response 4. Section 307(1)(Q) of the Magnuson-Stevens Act
prohibits, among other things, imports or exports of any fish taken,
possessed, transported, or sold in violation of any foreign law or
regulation or any treaty or in contravention of any binding
conservation measure adopted by an international agreement or
organization to which the United States is a party. 16 U.S.C.
1857(1)(Q). This prohibition has been in place for almost 20 years;
similar provisions in the Lacey Act (16 U.S.C. 3372(a)) have been in
place for much longer. To our knowledge, these prohibitions have not
caused uncertainty about what can be imported into the United States or
prompted changes to foreign laws or regulations with the intention of
disrupting U.S. commerce. Moreover, because these prohibitions already
exist, this final rule does not expand the scope of product that would
be illegal to import. Instead, this final rule revises the Dissostichus
species trade monitoring program regulations consistent with these
prohibitions. This revision in this final rule clarifies that
preapproval certificates will not be issued for product that would be
subject to enforcement action if imported.
Comment 5. A commenter seeks confirmation that the United States
will continue to comply with the procedural requirements of CM 10-05,
including the obligation under paragraph 10 of CM 10-05 to consult with
the states concerned at the preapproval and importation stages of the
trade cycle.
Response 5. Paragraph 10 of CM 10-05 calls upon the exporting State
and, as appropriate, the flag State whose vessel completed a
Dissostichus Catch Document (DCD), to cooperate with the importing
State to resolve any questions regarding the information contained in a
DCD, DRED, or DED. This action does not change U.S. compliance with
paragraph 10 of CM 10-05, which the United States implements when any
questions about information contained in CDS documents arise. The
United States is committed to implementation of all CCAMLR conservation
measures, including CM 10-05.
Comment 6. Regarding the clarification that DREDs and DEDs must be
obtained before re-exporting or exporting Dissostichus species
shipments, a commenter asked if this restricts the ability to re-route
the shipment if the shipment has already left port. The commenter noted
that shipments, on occasion, need to be rerouted if a customer of the
importing country no longer will accept the shipment. The commenter
sought a process for intermediary shipping stages that may require
additional or amended export documentation.
Response 6. In accordance with CM 10-05, DREDs and DEDs are to be
validated with information about the importer before a company re-
exports or exports a shipment of Dissostichus species. This final rule
does not change this existing process. Amendments to CM 10-05, and
likely an implementing rulemaking, would be necessary to add a process
to change the content of DREDs and DEDs following their validation.
Comment 7. A commenter stated that there would be economic impacts
on dealers of Antarctic marine living resources because the action
prevents imports from the South Georgia fishery, and places compliance
costs on dealers who will have to establish mechanisms to monitor the
laws and regulations of every foreign nation to ensure access to
preapproval certificates. The commenter also referred to the import
data included by NMFS in the certification to the Small Business
Administration (SBA) (14 million kilograms per year) and noted a lower
value (8.8 million kg) using U.S. Census data for the 2018-2022 period
to indicate the relative importance of every source of Dissostichus
species. The commenter also noted that the removal of the import
prohibition of Dissostichus species from FAO Statistical Areas 51 and
57 (Indian Ocean) would not have a material impact on the U.S. market
or the availability of Dissostichus species for import.
Response 7. This rule does not prevent imports from the waters
around South Georgia Island or any other waters within or outside the
Convention Area. As explained in the response to comment 3, NMFS's
denial of a preapproval certificate in September 2022 is unrelated to
this action and was based on existing regulations. This action does not
include any compliance monitoring requirements for importers. It does,
however, provide NMFS with additional authority to monitor trade of
Dissostichus species, and, as explained in response to comment 4, it
clarifies NMFS's authority to prevent importation of illegally
harvested product and aligns the regulations with other Federal laws.
NMFS notes the updated information from the U.S. Census that,
between 2017 and 2022, Dissostichus species imports averaged 9.3
million kilograms with an annual average value of $238 million. NMFS
also notes the information from the commenter that the removal of the
import prohibition on Dissostichus species from the Southern Indian
Ocean does not provide a significant new source of Dissostichus species
for import. This updated and additional information, however, does not
change NMFS' analysis of the economic impacts resulting from this
action. As described in the proposed rule, this action does not require
importers to change anything they currently do to apply for preapproval
certificates, and is not expected to a measurable impact on the
availability of Dissostichus species for import.
Classification
This rule is published under the authority of the AMLRCA (16 U.S.C.
2431 et seq.) and the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.).
The NMFS Assistant Administrator has determined that this final rule is
consistent with the provisions of these and other applicable laws,
subject to further consideration after any relevant public comment.
Executive Order 12866
This rule has been determined to be not significant for purposes of
Executive Order 12866.
Regulatory Flexibility Act (RFA)
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the SBA at the proposed
rule stage that this rule is not expected to have a significant
economic impact on a substantial number of small entities. The factual
basis for the certification was published in the proposed rule (88 FR
29043, May 5, 2023) and is not repeated here. This final rule contains
no substantive changes from the proposed rule, and the
[[Page 20137]]
factual basis for the certification remains the same. In addition, no
comments were received that changed the basis for the certification. As
a result, a regulatory flexibility analysis is not required and none
has been prepared.
Paperwork Reduction Act
This rule contains no new or revised collection-of-information
requirements subject to the Paperwork Reduction Act. The regulatory
text changes do not affect the previously approved public reporting
burden for this information collection.
List of Subjects in 50 CFR Part 300
Antarctica, Antarctic marine living resources, Catch documentation
scheme, Fisheries, Fishing, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: March 15, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 300 as follows:
Subpart G--Antarctic Marine Living Resources
0
1. The authority citation for Subpart G is revised to read as follows:
Authority: 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq., 16
U.S.C. 1801 et seq.
0
2. Amend Sec. 300.101 by revising the definition for ``ACA'', and
removing the definition for ``National Seafood Inspection Laboratory'',
to read as follows:
Sec. 300.101 Definitions.
* * * * *
ACA means the Antarctic Conservation Act, 16 U.S.C. 2401, et seq.,
as amended.
* * * * *
0
3. Revise Sec. 300.102(b) to read as follows:
Sec. 300.102 Relationship to other treaties, conventions, laws, and
regulations.
* * * * *
(b) The ACA implements the Protocol on Environmental Protection to
the Antarctic Treaty. The ACA and its implementing regulations
(including, but not limited to, 45 CFR part 670) apply to certain
defined activities of U.S. citizens south of 60[deg] S lat.
* * * * *
0
4. Amend Sec. 300.105 by revising paragraphs (b), (g)(1) and (2), and
(h) to read as follows:
Sec. 300.105 Preapproval for importation of frozen Dissostichus
species.
* * * * *
(b) Application. Applications for a preapproval certificate are
available from NMFS. With the exception of the U.S. Customs 7501 entry
number, a complete and accurate application must be received by NMFS
for each preapproval certificate at least 10 working days before the
anticipated date of the importation. Dealers must supply the U.S.
Customs 7501 entry number at least three working days prior to the
expected arrival of a shipment of frozen Dissostichus species at a U.S.
port.
* * * * *
(g) * * *
(1) For pending preapproval certificates, applicants must report to
NMFS any changes in the information submitted in their preapproval
certificate applications. NMFS may extend the processing period for the
application as necessary to review and consider any changes.
(2) For issued preapproval certificates, the certificate holder
must report to NMFS any changes to information included in the
preapproval certificate application. Any changes related to fish being
imported, such as harvesting vessel or country of origin, type and
quantity of the fish to be imported, or statistical subarea from which
the resource was harvested, will void the preapproval certificate and
the shipment may not be imported unless authorized by NMFS through
issuance of a revised or new preapproval certificate.
* * * * *
(h) NMFS will not issue a preapproval certificate for any shipment
of Dissostichus species:
(1) Determined to have been harvested or transshipped in
contravention of any CCAMLR conservation measure in force at the time
of harvest or transshipment;
(2) Determined to have been taken, possessed, transported, or sold
in violation of any foreign law or regulation or international
agreement which is a treaty within the meaning of section II of article
II of the U.S. Constitution;
(3) Determined to have been taken, possessed, transported, or sold
in contravention of any binding conservation measure adopted by an
international agreement or organization to which the United States is a
party;
(4) Determined to have been harvested or transshipped by a vessel
identified by CCAMLR as having engaged in illegal, unreported, and
unregulated (IUU) fishing; or
(5) Accompanied by inaccurate, incomplete, invalid, or improperly
validated CDS documentation or by a SVDCD.
0
5. Amend Sec. 300.106 by revising paragraph (f)(1)(ii), adding
paragraph (f)(3), revising paragraph (g)(1)(ii), and adding paragraph
(g)(3) to read as follows:
Sec. 300.106 Catch Documentation Scheme (CDS): Documentation and
other requirements.
* * * * *
(f) * * *
(1) * * *
(ii) Obtain validation by a responsible official(s) designated by
NMFS and receive an electronically-generated DRED before re-exporting
shipments of Dissostichus species.
* * * * *
(3) A DRED will not be issued for any shipment of Dissostichus
species:
(i) Determined to have been harvested or transshipped in
contravention of any CCAMLR conservation measure in force at the time
of harvest or transshipment;
(ii) Determined to have been taken, possessed, transported, or sold
in violation of any foreign law or regulation or international
agreement which is a treaty within the meaning of section II of article
II of the U.S. Constitution;
(iii) Determined to have been taken, possessed, transported, or
sold in contravention of any binding conservation measure adopted by an
international agreement or organization to which the United States is a
party;
(iv) Determined to have been harvested or transshipped by a vessel
identified by CCAMLR as having engaged in illegal, unreported, and
unregulated (IUU) fishing;
(v) Accompanied by inaccurate, incomplete, invalid, or improperly
validated CDS documentation; or
(vi) Imported in violation of AMLRCA or this subpart.
(g) * * *
(1) * * *
(ii) Obtain validation by a responsible official(s) designated by
NMFS and receive an electronically-generated DED before exporting
shipments of Dissostichus species.
* * * * *
(3) A DED will not be issued for any shipment of Dissostichus
species:
(i) Determined to have been harvested or transshipped in
contravention of a CCAMLR conservation measure, AMLRCA, or this
subpart;
(ii) Determined to have been taken, possessed, transported, or sold
in violation of any foreign law or regulation or international
agreement which is a treaty within the meaning of section II of article
II of the U.S. Constitution;
[[Page 20138]]
(iii) Determined to have been taken, possessed, transported, or
sold in contravention of any binding conservation measure adopted by an
international agreement or organization to which the United States is a
party;
(iv) Determined to have been harvested or transshipped by a vessel
identified by CCAMLR as having engaged in illegal, unreported, and
unregulated (IUU) fishing; or
(v) Accompanied by inaccurate, incomplete, invalid, or improperly
validated CDS documentation.
* * * * *
0
6. In Sec. 300.107, revise paragraph (a)(3) to read as follows:
Sec. 300.107 Vessel permits and requirements.
(a) * * *
(3) Permits issued under this section do not authorize vessels or
persons subject to the jurisdiction of the United States to harass,
capture, harm, kill, harvest, or import marine mammals. No marine
mammals may be taken in the course of commercial fishing operations
unless the taking is authorized under the Marine Mammal Protection Act
and/or the Endangered Species Act pursuant to an exemption or permit
granted by the appropriate agency.
* * * * *
0
7. In Sec. 300.113, revise paragraphs (a)(2), (c)(1), and (l) to read
as follows:
Sec. 300.113 CCAMLR Ecosystem Monitoring Program sites.
(a) * * *
(2) If a CEMP site is also an area specially protected under the
Antarctic Treaty (such as the sites listed in 45 CFR 670.29(a)), an
applicant seeking to enter such site must apply to the Director of the
NSF for a permit under applicable provisions of the ACA or any
superseding legislation. The permit granted by NSF shall constitute a
joint CEMP/ACA Protected Site permit and any person holding such a
permit must comply with the appropriate CEMP site management plan. In
all other cases, an applicant seeking a permit to enter a CEMP site
must apply to the Assistant Administrator for a CEMP permit in
accordance with the provisions of this section.
* * * * *
(c) * * *
(1) The Antarctic Treaty as implemented by the ACA and any
superseding legislation. (Persons interested in conducting activities
subject to the Antarctic Treaty should contact the Office of Polar
Programs, NSF).
* * * * *
(l) Protected areas. Specially protected areas designated under the
Antarctic Treaty and regulated under the ACA are listed at 45 CFR
670.29(a). See also: <a href="https://www.ats.aq/e/protected.html">https://www.ats.aq/e/protected.html</a>.
* * * * *
0
8. Amend Sec. 300.114 by revising paragraph (o) to read as follows:
Sec. 300.114 Prohibitions.
* * * * *
(o) Import, export, or re-export Dissostichus species that were:
(1) Harvested or transshipped in contravention of a CCAMLR
conservation measure, AMLRCA, or this subpart;
(2) Taken, possessed, transported, or sold in violation of:
(i) Any foreign law or regulation or
(ii) Any international agreement which is a treaty within the
meaning of section II of article II of the U.S. Constitution;
(3) Taken, possessed, transported, or sold in contravention of any
binding conservation measure adopted by an international agreement or
organization to which the United States is a party;
(4) Harvested or transshipped by a vessel identified by CCAMLR as
having engaged in illegal, unreported, and unregulated (IUU) fishing,
or
(5) Unaccompanied by CDS documentation, accompanied by inaccurate,
incomplete, invalid, or improperly validated CDS documentation, or
accompanied by a SVDCD.
* * * * *
0
9. In Sec. 300.115, revise paragraph (b) to read as follows:
Sec. 300.115 Facilitation of enforcement and inspection.
* * * * *
(b) Reports by non-inspectors. All scientists, fishermen, and other
non-inspectors present in the Convention Area and subject to the
jurisdiction of the United States are encouraged to report any
violation of CCAMLR conservation measures observed in the Convention
Area to the Office of Ocean and Polar Affairs (CCAMLR Violations),
Department of State, Room 2665, Washington, DC 20520,
<a href="/cdn-cgi/l/email-protection#1c7d72687d6e7f68757f7d5c6f687d6879327b736a"><span class="__cf_email__" data-cfemail="aecfc0dacfdccddac7cdcfeedddacfdacb80c9c1d8">[email protected]</span></a>, and the NMFS Office of International Affairs,
Trade, and Commerce, <a href="https://www.fisheries.noaa.gov/about/office-international-affairs-trade-and-commerce">https://www.fisheries.noaa.gov/about/office-international-affairs-trade-and-commerce</a>.
* * * * *
[FR Doc. 2024-05936 Filed 3-20-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 21, 2024.
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