[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Notices]
[Pages 66625-66627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23333]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE905
Taking and Importing of Marine Mammals and Dolphin-Safe Tuna
Products
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; determination of regular and significant mortality and
serious injury of dolphins.
-----------------------------------------------------------------------
SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant
Administrator) has issued a determination, under the Dolphin Protection
Consumer Information Act (DPCIA), of regular and significant mortality
and serious injury of dolphins in gillnet fisheries harvesting tuna by
vessels flagged under the Governments of India, Iran, Mozambique,
Pakistan, Oman, Saudi Arabia, Sri Lanka, Tanzania, the United Arab
Emirates, and Yemen. This determination triggers additional
documentation requirements for tuna product from those fisheries that
is exported from or offered for sale in the United States, including
that such tuna must be accompanied by a written statement executed by
an observer participating in a national or international program
acceptable to the Assistant Administrator, in addition to such
statement by the captain of the vessel, that certifies that no dolphins
were killed or seriously injured in the sets or other gear deployments
in which the tuna were caught and certain other required information
regarding dolphin interactions and segregation of tuna. These
determinations were based on review of scientific information and, when
available, documentary evidence submitted by the relevant government.
DATES: Effective November 28, 2016, except the new requirements for
observer statements that will be effective upon announcement in the
Federal Register of approval by the
[[Page 66626]]
Office of Management and Budget under the Paperwork Reduction Act.
FOR FURTHER INFORMATION CONTACT: Nina M. Young, National Marine
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910.
Phone: 301-427-8383 Email: [email protected]. More information on
this final action can be found on the NMFS Web site at http://www.nmfs.noaa.gov/ia/.
SUPPLEMENTARY INFORMATION: The DPCIA, 16 U.S.C. 1385 et seq., states
that it is a violation of section 5 of the Federal Trade Commission Act
(15 U.S.C. 45) for any producer, importer, exporter, distributor, or
seller of any tuna product that is exported from or offered for sale in
the United States to include on the label of that product the term
``dolphin safe'' or any other term or symbol that falsely claims or
suggests that the tuna contained in the product were harvested using a
method of fishing that is not harmful to dolphins if the product does
not meet the dolphin safe requirements set out in the statute and
elaborated in the NMFS implementing regulations.
50 CFR 216.91 provides that tuna product prepared from tuna
harvested by purse seine vessels of more than 400 short tons carrying
capacity in the eastern tropical Pacific Ocean (ETP) and labeled
``dolphin safe'' is required to be accompanied by both a captain and an
observer statement that the tuna meets the ``dolphin safe'' criteria
under the DPCIA. Tuna product prepared from tuna harvested in other
fisheries and labeled ``dolphin safe'' is required to be accompanied by
a captain's statement that the tuna meets the ``dolphin safe'' criteria
and may require an observer statement if additional requirements are
triggered.
In addition, under 50 CFR 216.91, tuna product labeled ``dolphin
safe'' that was prepared from tuna caught in a fishery ``in which the
Assistant Administrator has determined that either a regular and
significant association between dolphins and tuna (similar to the
association between dolphins and tuna in the ETP) or a regular and
significant mortality or serious injury of dolphins is occurring'' must
be accompanied by ``a written statement, executed by the captain of the
vessel and an observer participating in a national or international
program acceptable to the Assistant Administrator, unless the Assistant
Administrator determines an observer statement is unnecessary.'' The
captain and observer statements must certify that: No fishing gear was
intentionally deployed on or used to encircle dolphins during the trip
on which the tuna were caught; no dolphins were killed or seriously
injured in the sets or other gear deployments in which the tuna were
caught; and if non-dolphin-safe tuna was retained on the same fishing
trip; and (C) tuna caught in sets designated as dolphin-safe was stored
physically separate from tuna caught in a non-dolphin-safe set by the
use of netting, other material, or separate storage areas from the time
of capture through unloading.
50 CFR 216.91 provides that, for tuna product prepared from tuna
harvested in other than the ETP large purse seine fishery and labeled
``dolphin safe,'' U.S. processors and importers of record must collect
and retain for 2 years information on each point in the chain of
custody regarding the shipment of the tuna or tuna product to the point
of entry into U.S. commerce. The retained information must be provided
to NMFS upon request and must be sufficient for NMFS to conduct a trace
back to verify that the tuna product certified as dolphin-safe to NMFS,
in fact, meets the dolphin-safe requirements for such certification.
In addition, under 50 CFR 216.91, tuna product prepared from tuna
harvested in fisheries in which the Assistant Administrator has
determined that a ``regular and significant'' mortality or serious
injury of dolphins or a ``regular and significant'' tuna-dolphin
association is occurring and labeled dolphin-safe must be accompanied
by a government certificate validating: (1) The catch documentation is
correct; (2) the tuna or tuna products meet the dolphin-safe standards
under 50 CFR 216.91; and (3) the chain of custody information is
correct.
The Assistant Administrator makes a determination of ``regular and
significant mortality or serious injury of dolphins'' based upon the
readily available information showing that the mortality or serious
injury occurring in the fishery exceeds that of the large purse seine
tuna fishery in the ETP.
A regular and significant determination will be terminated, in
consultation with the Secretary of State, if the Assistant
Administrator determines that the mortality and serious injury of
dolphins for a particular fishery is less than that occurring in the
large purse seine tuna fishery in the ETP.
Pursuant to 50 CFR 216.91(a)(3)(v), the Assistant Administrator
considered readily available information and documentary evidence
submitted, in response to letters requesting information, by the
relevant governments and determined that gillnet fisheries harvesting
tuna flagged under the jurisdiction of the Governments of India, Iran,
Mozambique, Pakistan, Oman, Saudi Arabia, Sri Lanka, Tanzania, the
United Arab Emirates, and Yemen have a regular and significant
mortality or serious injury of dolphins in the course of those fishing
operations.
After consultation with the Department of State, the Assistant
Administrator issued a regular and significant determination for such
gillnet fisheries to the Governments of India, Iran, Mozambique,
Pakistan, Oman, Saudi Arabia, Sri Lanka, Tanzania, the United Arab
Emirates, and Yemen. Tuna products from those fisheries harvested on
fishing trips that begin on or after the effective date of this notice
are therefore subject to the regulations set forth in 50 CFR
216.91(a)(3)(v) and (a)(5)(ii), including a requirement that tuna and
tuna products from these fisheries exported from or offered for sale in
the United States that are marketed as or include on the label of that
product the term ``dolphin safe'' must be accompanied, as described in
50 CFR 216.91(a)(3)(v), by a written statement executed by both the
captain of the vessel and also, as described above, a statement by an
observer participating in a national or international program
acceptable to the Assistant Administrator, that certifies that no
dolphins were killed or seriously injured in the sets or other gear
deployments in which the tuna were caught and certain other required
information regarding dolphin interactions and segregation of tuna.
The Assistant Administrator has not yet determined that any
national or international observer program operating in the fisheries
identified in this notice are ``acceptable'' for purposes of 50 CFR
216.91(a)(3)(v). To make determinations that an observer program is
``acceptable'' for purposes of 50 CFR 216.91(a)(3)(v), the Assistant
Administrator will use the applicable criteria set forth in the Federal
Register notice published July 14, 2014, (79 FR 40718) entitled
``Determination of Observer Programs as Qualified and Authorized by the
Assistant Administrator for Fisheries.'' Government authorities of the
nations identified above are invited to submit information to NMFS that
would support a determination that an observer program is acceptable
for the purposes of making the statements required under 50 CFR
216.91(a)(3)(v).
[[Page 66627]]
Dated: September 21, 2016.
John Henderschedt,
Director, Office of International Affairs and Seafood Inspection,
National Marine Fisheries Service.
[FR Doc. 2016-23333 Filed 9-27-16; 8:45 am]
BILLING CODE 3510-22-P