70396 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 635

[Docket No. 040421127–4322–02; I.D. 

051403A]

RIN 0648–AR10

Atlantic Highly Migratory Species; 

Atlantic Trade Restrictive Measures

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Final rule.

SUMMARY: NMFS is adjusting the 

regulations governing the trade of 

species regulated by the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT) in the North 

and South Atlantic Ocean to implement 

recommendations adopted at the 2002 

and 2003 meetings of ICCAT. This final 

rule lifts or implements import 

prohibitions for bigeye tuna, bluefin 

tuna, and swordfish on Honduras, St. 

Vincent and the Grenadines, Belize, 

Sierra Leone, Bolivia, and Georgia. This 

rule also prohibits imports from vessels 

on the ICCAT illegal, unreported, and 

unregulated fishing list and from vessels 

that are not listed on ICCAT’s record of 

vessels that are authorized to fish in the 

Convention Area. Additionally, this rule 

requires issuance of a chartering permit 

before a vessel begins fishing under a 

chartering arrangement.

DATES: This final rule will be effective 

on January 5, 2005.

ADDRESSES: Copies of the Final 

Environmental Assessment/Regulatory 

Impact Review/Final Regulatory 

Flexibility Analysis (EA/RIR/FRFA) 

may be obtained from Christopher 

Rogers, Chief, Highly Migratory Species 

Management Division F/SF1, 1315 EastWest Highway, Silver Spring, MD 

20910. Copies of the EA/RIR/FRFA are 

also available from the Highly Migratory 

Species Management Division website 

at www.nmfs.noaa.gov/sfa/hms.

FOR FURTHER INFORMATION CONTACT:

Karyl Brewster-Geisz or Michael Clark 

by phone: 301–713–2347 or by fax: 301–

713–1917.

SUPPLEMENTARY INFORMATION: The U.S. 

Atlantic swordfish and tuna fisheries 

are managed under the Fishery 

Management Plan for Atlantic Tunas, 

Swordfish, and Sharks (HMS FMP) and 

regulations at 50 CFR part 635 under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), 16 U.S.C. 

1801 et seq., and the Atlantic Tunas 

Convention Act (ATCA), 16 U.S.C. 971 

et seq. The ATCA authorizes the 

promulgation of regulations as 

necessary and appropriate to carry out 

ICCAT recommendations. The traderelated ICCAT recommendations for 

calendar years 2002 and 2003 that are 

implemented by this final rule include, 

but are not limited to: 02–16, 02–17, 02–

18, 02–19, 02–20, 02–21, 02–22, 02–23, 

03–16, 03–17, and 03–18.

Trade Measures

In order to conserve and better 

manage bigeye tuna (BET), bluefin tuna 

(BFT), and swordfish (SWO) in the 

Atlantic Ocean, ICCAT adopted several 

recommendations at its 2002 and 2003 

meetings regarding prohibitions or the 

lifting of prohibitions on the import of 

these species. Based on available 

information, ICCAT concluded that 

Sierra Leone, Bolivia, and Georgia were 

engaged in fishing activities that 

diminish the effectiveness of ICCAT 

conservation and management 

measures. Thus, ICCAT recommended 

that Contracting Parties (i.e., any 

member of the United Nations or any 

specialized agency of the United 

Nations that has signed on to the 

International Convention for the 

Conservation of Atlantic Tunas) prohibit 

the import of Atlantic BET, BFT, and 

SWO from Sierra Leone and Atlantic 

BET from Bolivia and Georgia. In this 

action, NMFS prohibits such imports 

from Sierra Leone, Bolivia, and Georgia. 

Upon determination by ICCAT that 

Sierra Leone, Bolivia, or Georgia has 

brought its fishing practices into 

consistency with ICCAT conservation 

and management measures, NMFS will 

take action to remove the appropriate 

import restrictions.

At its 2002 meeting, ICCAT also 

recommended that several import 

prohibitions be lifted. One of these 

recommendations included removing 

the import prohibition of Atlantic BET, 

BFT, and SWO from Honduras. NMFS 

did not finalize the 2000 ICCAT 

recommendation regarding BET imports 

from Honduras because ICCAT did not 

reach consensus in 2001 regarding 

whether Honduras had brought its 

fishing practices into conformity with 

ICCAT conservation and management 

measures (67 FR 70023, November 20, 

2002). Another 2002 recommendation 

would lift the import prohibitions 

regarding Atlantic BET, BFT, and SWO 

from Belize and Atlantic BET from St. 

Vincent and the Grenadines. Consistent 

with these recommendations, and as 

stated in the proposed rule on May 6, 

2004 (69 FR 25357), this final rule 

relieves the restrictions imposed on 

November 20, 2002 (67 FR 70023), for 

BET from Belize and St. Vincent and the 

Grenadines; August 21, 1997 (62 FR 

44422), for BFT from Belize and 

Honduras; and December 12, 2000 (65 

FR 77523), for SWO from Belize and 

Honduras. Additionally, this final rule 

does not impose restrictions on 

Honduras regarding BET imports.

Vessel Chartering

At its 2002 meeting, ICCAT addressed 

the practice of charter or chartering 

arrangements, which are defined as an 

agreement between a vessel and a 

foreign entity (e.g., country, business, 

government, person) to fish in foreign 

waters without reflagging the vessel. 

ICCAT recommended that chartering 

and flag Contracting Parties adopt 

several requirements to ensure their 

compliance with relevant ICCAT 

conservation and management 

measures. The recommendation states 

that at the time of the chartering 

arrangement, the chartering and flag 

Contracting Parties shall provide 

specific information concerning the 

charter to the ICCAT Executive 

Secretary, including vessel details, 

target species, duration, and consent of 

the flag Contracting Party or 

Cooperating non-Contracting Party, 

Entity or Fishing Entity. A Cooperating 

non-Contracting Party, Entity or Fishing 

Entity is a special status that ICCAT 

created; Chinese Taipei participates in 

ICCAT under this status. The ICCAT 

Executive Secretary should also be 

notified upon termination of the charter. 

The recommendation also states that, 

unless specifically provided in the 

chartering arrangement and consistent 

with relevant domestic law and 

regulation, catches taken pursuant to the 

arrangement shall be unloaded 

exclusively in the ports of the chartering 

Contracting Party/foreign entity or 

under its direct supervision. NMFS uses 

the term ‘‘offload’’ in its regulations to 

refer to the activity of unloading or 

removing fish from a vessel. Such 

catches should be counted against the 

quota of the chartering Contracting Party 

but both the chartering and flag 

countries shall record the catch amounts 

separately from catches taken by other 

vessels.

In order to implement the chartering 

recommendations of ICCAT, NMFS 

requires that U.S. vessel owners with 

HMS permits apply for and obtain a 

chartering permit before fishing under a 

chartering arrangement. Under this final 

rule and consistent with the ICCAT 

recommendations, vessels issued a 

chartering permit shall not be 

authorized to use the quota or 

entitlement of the United States until 

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 70397

the chartering permit expires or is 

terminated. Having a chartering permit 

will not obviate the need to obtain a 

fishing license, permits, or other 

authorizations issued by the chartering 

nation in order to fish in foreign waters, 

or obtain other authorizations such as a 

High Seas Fishing Compliance Act 

Permit, 50 CFR 300.10 et seq.

Additionally, incidental takes of, or 

interactions with, protected resources 

will be included against the authorized 

take levels specified in any relevant 

Biological Opinions. A U.S. vessel shall 

not be authorized to fish under more 

than one chartering arrangement at the 

same time. NMFS will issue chartering 

permits only if it determines that the 

chartering arrangement is in 

conformance with ICCAT’s conservation 

and management programs.

ICCAT also recommended that 

observers be aboard at least 10 percent 

of the chartered vessels or during 10 

percent of the fishing time. NMFS has 

the authority to place observers onboard 

a chartered vessel pursuant to 50 CFR 

635.7. Vessels participating in 

chartering arrangements may be 

required to use vessel monitoring 

systems (VMS) for the duration of the 

arrangement, including when vessels 

are traveling to and from the locale of 

fishing, dependent on the terms and 

conditions of the chartering permit.

Illegal, Unreported, and Unregulated 

(IUU) Fishing

In an effort to prevent and deter IUU 

fishing, ICCAT adopted three 

recommendations (02–23, 02–22, and 

03–16). Recommendations 02–23 and 

02–22 outline processes for identifying 

vessel lists, ICCAT adoption of the lists, 

and revisions via the submission of 

provisional lists to ICCAT for further 

consideration. Recommendation 02–23 

establishes a list of vessels presumed to 

have carried out IUU fishing activities 

in the ICCAT convention area (also 

referred to as ‘‘negative list’’). Each year, 

Contracting Parties shall transmit to the 

ICCAT Executive Secretary a list of 

vessels suspected of IUU fishing, 

accompanied by supporting evidence. 

Upon adoption of the list of IUU vessels, 

Contracting Parties shall enact measures 

to prevent vessels flying their flag from 

transshipping with a vessel on the 

negative list, prevent vessels on the 

negative list from landing or 

transhipping in their ports, prohibit the 

chartering of an IUU vessel, refuse to 

grant their flag to an IUU vessel, and 

prohibit imports, landing, or 

transshipment of ICCAT regulated 

species from IUU vessels.

Recommendation 02–22 establishes a 

record of vessels larger than 24 meters 

in length that are authorized to fish for 

ICCAT regulated species in the 

Convention Area (also referred to as 

‘‘positive list’’). To create this record, 

Contracting Parties shall submit a list to 

the ICCAT Executive Secretary 

containing information relating to its 

approved vessels. ICCAT recommended 

that the Contracting Parties take 

measures to prohibit the fishing for, 

retaining on board, transshipment, and 

landing of ICCAT regulated species by 

vessels which are not listed on the 

positive list.

This final rule implements the 

measures associated with both these 

lists. The United States submitted a 

positive list to ICCAT on June 23, 2004, 

and plans to update this list annually, 

or as requested by ICCAT. Because the 

United States does not know of any 

domestic vessels that participate in IUU 

fishing, the United States did not submit 

a negative list to ICCAT but will in the 

future, as appropriate.

ICCAT also recommended at its 2003 

meeting that Contracting Parties 

prohibit landings from fishing vessels, 

placing in cages for farming and/or the 

transshipment within their jurisdiction 

of tunas or tuna-like species caught by 

IUU fishing activities (Recommendation 

03–16). This final rule also implements 

this additional measure to prevent and 

deter IUU fishing.

Response to Comments

NMFS received several public 

comments from two individuals prior to 

the closing date of the comment period 

for the proposed rulemaking which 

ended on June 21, 2004. The individuals 

expressed concern about numerous 

aspects of Highly Migratory Species 

management, both directly and 

indirectly related to this rulemaking. 

These comments are summarized below 

with the responses.

Comment 1: Object to lifting country 

specific tuna import prohibitions.

Response: ICCAT adopted the 

recommendations to lift certain import 

restrictions because these countries had 

come into compliance with the 

conservation and management goals of 

the commission. Concurrently, ICCAT 

adopted other recommendations that 

ban imports from certain countries that 

are not complying with the goals of the 

convention. Thus, this final rule 

implements all the ICCAT 

recommendations from 2002 and 2003 

that lift or ban imports of ICCAT 

species.

Comment 2: NMFS excludes citizens 

that are not directly involved with 

fisheries from their public hearings.

Response: Public hearings conducted 

by NMFS are open to any and all 

interested members of the public, 

including those with physical 

disabilities and the hearing impaired, 

not just those directly involved in the 

fishery.

Comment 3: The penalties for 

violation of chartering permits should 

be severe, including permit sanctions, 

and be detailed in the regulatory text.

Response: NMFS agrees that 

submitting false charter permit 

information should be met with stiff 

penalties. Penalties are often based, 

among other things, on past convictions, 

severity of offense, and propensity to 

commit the offense again.

Comment 4: The terms and conditions 

of chartering permits should include 

specifics about when the VMS should 

be turned off and on if they are required 

to use an equivalent system while 

fishing in foreign waters. In addition, in 

situations where the chartering 

countries quota has been exceeded and 

a no dead discard provision is in place, 

the United States should stipulate that 

permit holders will be required to seek 

an exemption from the chartering 

country before entering into a chartering 

arrangement.

Response: The terms and conditions 

of chartering permits will describe the 

specific requirements and allowances of 

individual chartering permits, 

including: use of VMS, reporting 

requirements, target species and size, 

quantity of fish landed, gear employed, 

protected species interactions, and so 

forth. Restrictions in place by both flag 

and chartering nations must be adhered 

to for the entire duration of the 

agreement and would be considered 

before permit issuance.

Changes From the Proposed Rule

This rule modifies the regulatory text 

of the proposed rule that published on 

May 6, 2004, (69 FR 25357) to clarify the 

reporting requirements (submission 

dates, etc.) for chartering permits.

Classification

This final rule is published under the 

authority of the Magnuson-Stevens Act 

and ATCA. The Assistant Administrator 

for Fisheries has determined that the 

regulations contained in this rule are 

necessary to implement the 

recommendations of ICCAT and to 

manage the domestic Atlantic highly 

migratory species fisheries.

Based on the management measures 

in several proposed rules, including the 

proposed rule for these regulations, a 

new Biological Opinion (BiOp) on the 

Atlantic pelagic longline (PLL) fishery 

was issued on June 1, 2004. The 2004 

BiOp found that the continued 

operation of the fishery was not likely 

70398 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 

to jeopardize the continued existence of 

loggerhead, green, hawksbill, Kemp’s 

ridley, or olive ridley sea turtles, but 

was likely to jeopardize the continued 

existence of leatherback sea turtles. The 

2004 BiOp identified Reasonable and 

Prudent Alternatives (RPAs) necessary 

to avoid jeopardizing leatherbacks, and 

listed the Reasonable and Prudent 

Measures (RPMs) and terms and 

conditions necessary to authorize 

continued take as part of the revised 

incidental take statement. On July 6, 

2004, NMFS published a final rule (69 

FR 40734) implementing additional sea 

turtle bycatch and bycatch mortality 

mitigation measures for all Atlantic 

vessels with PLL gear onboard. NMFS is 

implementing the other RPMs in 

compliance with the BiOp. On August 

12, 2004, NMFS published an Advance 

Notice of Proposed Rulemaking (69 FR 

49858) to request comments on 

potential regulatory changes to further 

reduce bycatch and bycatch mortality of 

sea turtles, as well as comments on the 

feasibility of framework mechanisms to 

address unanticipated increases in sea 

turtle interactions and mortalities, 

should they occur. NMFS will 

undertake additional rulemaking and 

non-regulatory actions, as required, to 

implement any management measures 

that are required under the 2004 BiOp. 

The actions in this final rule are not 

expected to change the takes of, or 

interactions with, protected species. 

Incidental takes of, or interactions with, 

protected species that are listed as 

threatened or endangered under the 

Endangered Species Act taking place 

under the auspices of a chartering 

permit arrangement will be included 

against the authorized take levels 

specified in relevant Biological 

Opinions.

NMFS has determined that the 

regulations selected in this final rule 

will be implemented in a manner 

consistent, to the maximum extent 

practicable, with the enforceable 

policies of those Atlantic, Gulf of 

Mexico, and Caribbean coastal states 

that have approved coastal zone 

management programs. The proposed 

regulations were submitted to the 

responsible state agencies for their 

review under Section 307 of the Coastal 

Zone Management Act. All of the states 

that responded found NMFS’ proposed 

actions to be consistent with their 

coastal zone management programs. 

Concurrence is presumed for those 

states that did not respond.

NMFS has prepared a final regulatory 

flexibility analysis that examined the 

economic impacts of this action on 

small entities. The purpose of this 

rulemaking is to implement the 2002 

and 2003 ICCAT recommendations 

regarding trade measures consistent 

with the HMS FMP, the MagnusonStevens Act, ATCA, and other domestic 

regulations. NMFS is authorized to 

implement ICCAT recommendations 

under ATCA. ICCAT recommendations 

are part of an international cooperative 

effort to rebuild, conserve, and manage 

tuna and tuna-like species. The 

preferred alternative outlined in this 

final rule would satisfy the purpose of 

this rule, to implement the United 

States’ obligation to implement the 

binding conservation and management 

measures that have been adopted by 

ICCAT. The preferred alternative is 

consistent with the ICCAT trade related 

recommendations, the ATCA, the 

Magnuson-Stevens Act, and the HMS 

FMP. A summary of the public 

comments received and NMFS’

responses thereto is included in the 

preamble. No comments were received 

regarding the economic impact of this 

rule or the initial regulatory flexibility 

analysis.

As this final rule impacts the trade 

and importation of HMS (e.g., ICCAT 

regulated species) in the United States 

and chartering arrangements with 

foreign entities, the regulations will not 

directly impact a specific domestic 

fishery. However, these measures could 

impact HMS dealers and vessels that 

participate in chartering arrangements, 

all of which NMFS considers to be small 

entities. In December 2003, there were 

approximately 516 and 302 dealer 

permits issued for tuna and SWO, 

respectively. NMFS estimates that less 

than 10 domestic vessels may 

participate in chartering arrangements 

in any given calender year.

To address the 2002 and 2003 ICCAT 

recommendations regarding trade 

measures, two alternatives were 

prepared: a preferred alternative to 

implement the ICCAT recommendations 

regarding trade measures and a no 

action alternative that would not 

implement the recommendations. The 

no action alternative of not 

implementing the ICCAT trade 

recommendations was not selected 

because it is not consistent with ATCA. 

As with the preferred alternative the no 

action alternative would have few, if 

any, economic impacts on small 

entities.

The preferred alternative in this final 

rule (imposing or lifting trade 

restrictions, establishing chartering 

notification and permit requirements, 

and implementing measures designed to 

prevent IUU fishing and fishing by 

unauthorized large scale fishing vessels) 

is not expected to have significant 

economic or social impacts. By 

prohibiting the import of BET, BFT, and 

SWO from Sierra Leone and BET from 

Bolivia and Georgia, NMFS could 

reduce the economic benefits to 

importers and dealers. Conversely, by 

lifting the trade restrictions on imports 

of BFT and SWO from Honduras and 

lifting the prohibition of imports of BET 

from Belize and St. Vincent and the 

Grenadines and BFT and SWO from 

Belize, NMFS could provide economic 

benefits to importers and dealers. 

However, because current and past 

import levels of these fish species from 

these countries are either low or 

nonexistent, NMFS does not anticipate 

major positive or negative economic 

impacts as a result of implementing this 

measure.

The chartering permit is not expected 

to significantly increase the 

administrative burden to the vessel 

owners or result in significant economic 

impacts. The application process 

requires the provision, through mail or 

facsimile, of information, including, but 

not limited to: name and registration 

number of the vessel, name and address 

of the owner, description of the vessel, 

targeted species, quota allocated to the 

chartering party, and the duration of the 

chartering arrangement. Additional 

information such as copies of fishing 

licenses, permits, other authorizations 

(e.g., High Seas Fishing Compliance Act 

Permit, 50 CFR 300.10), and 

documentation regarding the legal 

establishment of the chartering 

company will be requested. A vessel 

shall not be authorized to fish under 

more than one chartering arrangement at 

the same time and all interactions with 

protected species outside the United 

States EEZ will be included against the 

authorized take levels of the relevant 

BiOps. NMFS will issue permits only if 

it is determined that the chartering 

arrangement is in conformance with 

ICCAT’s conservation and management 

programs. NMFS does not anticipate 

major economic impacts to domestic 

vessels as a result of a permit denial, 

given that these vessels will continue to 

be able to fish in domestic waters for 

HMS and may decide to sell HMS 

domestically or export product to other 

countries depending upon which 

market has the higher product price. 

Given that only one exempted fishing 

permit exempting vessels from U.S. 

regulations for chartering arrangements 

has been issued under current 

requirements in the fishery, NMFS does 

not anticipate any significant economic 

impacts to a substantial number of 

domestic vessels as a result of taking 

this action.

NMFS does not anticipate any 

significant impacts to U.S. entities by 

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 70399

prohibiting the import of ICCAT 

regulated species from vessels known to 

be IUU fishing or from unauthorized 

large scale fishing vessels. Currently, 

NMFS does not have specific 

information concerning the amount of 

HMS imported from such vessels. 

However, NMFS believes that the 

amount of HMS imported from these 

types of vessels is insignificant, and 

therefore does not expect any major 

economic impacts associated with 

implementation of the management 

measure or with no action.

NMFS considers all HMS vessel and 

dealer permit holders to be small 

entities, and thus, in order to meet the 

objectives of this final rule and address 

the management concerns at hand, 

NMFS cannot exempt small entities or 

change the reporting requirements for 

small entities. NMFS is implementing 

these measures to comply with ICCAT 

recommendations which are negotiated 

between many countries and are 

therefore not easily adjusted or 

modified. As such, the use of 

performance rather than design 

standards and the simplification of 

compliance and reporting requirements 

under this rule are not practicable. 

Furthermore, this action does not 

duplicate, overlap, or conflict with any 

other relevant Federal rules.

This final rule contains new 

collection-of-information requirements 

subject to review and approval by the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act (PRA). The chartering application 

and notification requirements for 

vessels entering a chartering 

arrangement has been cleared by OMB 

under control number 0648–0495. 

Public reporting burden for this 

collection of information is estimated to 

average 40 minutes per application and 

5 minutes per notification upon 

termination of the chartering 

arrangement. This burden estimate 

includes the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information.

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number.

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866.

List of Subjects in 50 CFR Part 635

Fisheries, Fishing, Fishing Vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Treaties.

Dated: November 23, 2004.

John Oliver,

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service.

■ For the reasons set out in the preamble, 

50 CFR part 635 is amended as follows:

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES

■ 1. The authority citation for part 635 

continues to read as follows:

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 

1801 et seq.

■ 2. In § 635.2 the definition of ‘‘Tuna or 

tuna-like’’ is added in alphabetical order 

to read as follows:

§ 635.2 Definitions.

* * * * *

Tuna or tuna-like means the 

Scombriformes (with the exception of 

families Trichiuridae and Gempylidae 

and the genus Scomber) and such other 

species of fishes that are regulated by 

ICCAT in the Atlantic Ocean.

* * * * *

■ 3. In § 635.5, paragraph (a)(6) is added 

to read as follows:

§ 635.5 Recordkeeping and reporting.

* * * * *

(a) * * *

(6) Chartering Arrangements. (i) For 

the purposes of this section, a chartering 

arrangement means any contract, 

agreement, or commitment between a 

U.S. vessel owner and a foreign entity 

(e.g., government, company, person) by 

which the control, use, possession, or 

services of a vessel are secured, for a 

period of time for fishing targeting 

Atlantic HMS. Chartering arrangements 

under this part do not include bareboat 

charters under which a vessel enters 

into a fishing agreement with a foreign 

entity, changes registration to fish under 

another country’s registration then, once 

the agreed-upon fishing is completed, 

reverts back to the vessel’s original 

registration.

(ii) Before fishing under a chartering 

arrangement, the owner of a fishing 

vessel subject to U.S. jurisdiction must 

apply for, and obtain, a chartering 

permit as specified in § 635.32 (e) and 

(f). If a chartering permit is obtained, the 

vessel owner must submit catch 

information as specified in the terms 

and conditions of that permit. All 

catches will be recorded and counted 

against the applicable quota of the 

Contracting Party to which the 

chartering foreign entity is a member 

and, unless otherwise provided in the 

chartering permit, must be offloaded in 

the ports of the chartering foreign entity 

or offloaded under the direct 

supervision of the chartering foreign 

entity.

(iii) If the chartering arrangement 

terminates before the expiration of the 

charter permit, the vessel owner must 

notify NMFS immediately and in 

writing, upon termination of the 

chartering arrangement. Such 

notification requirements shall also 

apply to situations where the chartering 

arrangement is temporarily suspended 

and during intermittent periods where 

the vessel may be fishing under U.S. 

quotas for Atlantic HMS.

* * * * *

■ 4. In § 635.32, paragraphs (e) and (f) are 

redesignated as paragraphs (f) and (g), 

respectively, and revised; paragraph (a) 

is revised; and a new paragraph (e) is 

added to read as follows:

§ 635.32 Specifically authorized activities.

(a) General. (1) Consistent with the 

provisions of § 600.745 of this chapter, 

except as indicated in this section, 

NMFS may authorize activities 

otherwise prohibited by the regulations 

contained in this part for the conduct of 

scientific research, the acquisition of 

information and data, the enhancement 

of safety at sea, the purpose of collecting 

animals for public education or display, 

the investigation of bycatch, economic 

discard and regulatory discard, or for 

chartering arrangements.

(2) Activities subject to the provisions 

of this section include, but are not 

limited to, scientific research resulting 

in, or likely to result in, the take, harvest 

or incidental mortality of Atlantic HMS; 

exempted fishing and educational 

activities; programs under which 

regulated species retained in 

contravention to otherwise applicable 

regulations may be donated through 

approved food bank networks; or 

chartering arrangements. Such activities 

must be authorized in writing and are 

subject to all conditions specified in any 

letter of acknowledgment, exempted 

fishing permit, scientific research 

permit, display permit, or chartering 

permit issued in response to requests for 

authorization under this section.

(3) For the purposes of all regulated 

species covered under this part, NMFS 

has the sole authority to issue permits, 

authorizations, and acknowledgments. If 

a regulated species landed or retained 

under the authority of this section is 

subject to a quota, the fish shall be 

counted against the quota category as 

specified in the written authorization.

70400 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 

(4) Inspection requirements specified 

in § 635.5(e) apply to the owner or 

operator of a fishing vessel that has been 

issued a exempted fishing permit, 

scientific research permit, display 

permit, or chartering permit.

* * * * *

(e) Chartering permits. (1) For 

activities consistent with the purposes 

of this section, § 635.5(a), and 

§ 600.745(b)(1) of this chapter, NMFS 

may issue chartering permits for record 

keeping and reporting purposes. An 

application for a chartering permit must 

include all information required under 

§ 600.745(b)(2) of this chapter and, in 

addition, written notification of: the 

species of fish covered by the chartering 

arrangement and quota allocated to the 

Contracting Party of which the 

chartering foreign entity is a member; 

duration of the arrangement; measures 

adopted by the chartering Contracting 

Party of which the foreign entity is a 

member to implement ICCAT chartering 

provisions; copies of fishing licenses, 

permits, and/or other authorizations 

issued by the chartering Contracting 

Party of which the foreign entity is a 

member for the vessel to fish under the 

arrangement; a copy of the High Seas 

Fishing Compliance Act Permit 

pursuant to 50 CFR 300.10; 

documentation regarding interactions 

with protected resources; and 

documentation regarding the legal 

establishment of the chartering 

company. To be considered complete, 

an application for a chartering permit 

for a vessel must include all information 

specified in § 600.745(b)(2) of this 

chapter and in § 635.32(e) and (f).

(2) Notwithstanding the provisions of 

§ 600.745 of this chapter and other 

provisions of this part, a valid 

chartering permit is required to fish for, 

take, retain, or possess ICCAT- regulated 

species under chartering arrangements 

as specified in § 635.5(a)(6). A valid 

chartering permit must be on board the 

harvesting vessel, must be available 

when ICCAT-regulated species are 

landed, and must be presented for 

inspection upon request of an 

authorized officer. A chartering permit 

is valid for the duration of the 

chartering arrangement or until the 

expiration date specified on the permit, 

whichever comes first. Vessels issued a 

chartering permit shall not be 

authorized to fish under applicable 

Atlantic Highly Migratory Species 

quotas or entitlements of the United 

States until the chartering permit 

expires or is terminated.

(3) Charter permit holders must 

submit logbooks and comply with 

reporting requirements as specified in 

§ 635.5. NMFS will provide specific 

conditions and requirements in the 

chartering permit, so as to ensure 

consistency, to the extent possible, with 

laws of foreign countries, the Fishery 

Management Plan for Atlantic Tunas, 

Swordfish, and Sharks, as well as 

ICCAT recommendations.

(4) Observers may be placed on board 

vessels issued chartering permits as 

specified under § 635.7.

(5) NMFS will issue a chartering 

permit only if it determines that the 

chartering arrangement is in 

conformance with ICCAT’s conservation 

and management programs.

(6) A vessel shall be authorized to fish 

under only one chartering arrangement 

at a time.

(7) All chartering permits are subject 

to sanctions and denials as indicated 

under § 635.4(a)(6).

(f) Applications and renewals.

Application procedures shall be as 

indicated under § 600.745(b)(2) of this 

chapter, except that NMFS may 

consolidate requests for the purpose of 

obtaining public comment. In such 

cases, NMFS may file with the Office of 

the Federal Register, on an annual or 

more frequent basis as necessary, 

notification of previously authorized 

exempted fishing, scientific research, 

public display, or chartering activities 

and to solicit public comment on 

anticipated EFP, SRP, LOA, public 

display, or chartering permit requests. 

Applications for EFP, SRP, public 

display, or chartering permit renewals 

are required to include all reports 

specified in the applicant’s previous 

permit including the year-end report, all 

delinquent reports for permits issued in 

prior years, and all other specified 

information. In situations of delinquent 

reports, renewal applications will be 

deemed incomplete and a permit will 

not be issued under this section.

(g) Terms and conditions. (1) For 

EFPs, SRPs, and public display permits: 

Written reports on fishing activities and 

disposition released under a permit 

issued under this section, must be 

submitted to NMFS, within 5 days of 

return to port. NMFS will provide 

specific conditions and requirements as 

needed, consistent with the Fishery 

Management Plan for Atlantic Tunas, 

Swordfish and Sharks, in the permit. If 

an individual issued a Federal permit 

under this section captures no HMS in 

any given month, either in or outside 

the EEZ, a ‘‘no-catch’’ report must be 

submitted to NMFS within 5 days of the 

last day of that month.

(2) For chartering permits, written 

reports of fishing activities must be 

submitted to NMFS by a date specified, 

and to an address designated, in the 

terms and conditions of each chartering 

permit.

(3) An annual written summary report 

of all fishing activities and disposition 

of all fish captured under the permit 

must be submitted to NMFS for all the 

permits (EFP, SRP, Display, and 

Chartering Permits) listed in this section 

within 30 days after the expiration date 

of the permit.

■ 5. Section 635.45 is revised to read as 

follows:

§ 635.45 Products denied entry.

(a) All shipments of Atlantic 

swordfish, or its products, in any form, 

harvested by a vessel under the 

jurisdiction of Sierra Leone will be 

denied entry into the United States.

(b) All shipments of Atlantic bluefin 

tuna, or its products, in any form, 

harvested by a vessel under the 

jurisdiction of Equatorial Guinea or 

Sierra Leone will be denied entry into 

the United States.

(c) All shipments of Atlantic bigeye 

tuna, or its products, in any form, 

harvested by a vessel under the 

jurisdiction of Bolivia, Cambodia, 

Equatorial Guinea, Sierra Leone, or 

Georgia will be denied entry into the 

United States.

(d) All shipments of tuna or tuna-like 

species, or their products, in any form, 

harvested in the ICCAT convention area 

by a fishing vessel that is required to be 

listed, but not listed on the ICCAT 

record of authorized vessels will be 

denied entry into the United States.

(e) All shipments of tuna or tuna-like 

species, or their products, in any form, 

harvested in the ICCAT convention area 

by a fishing vessel listed on the ICCAT 

record as engaged in illegal, unreported, 

and unregulated fishing will be denied 

entry into the United States.

(f) All shipments of tuna or tuna-like 

species, placed in cages for farming and/

or transshipment, harvested in the 

ICCAT convention area and caught by a 

fishing vessel included on the ICCAT 

list as engaged in illegal, unreported, 

and unregulated fishing will be denied 

entry into the United States.

(g) For the purposes of this section, it 

is a rebuttable presumption that any 

shipment containing swordfish, bluefin 

tuna, bigeye tuna, or their products 

offered for entry into the United States 

has been harvested by a vessel or vessels 

of the exporting nation.

■ 6. In § 635.71, paragraphs (a)(2), (a)(6), 

and (b)(26) are revised; and paragraphs 

(a)(41) through (a)(47) and paragraphs 

(b)(30) and (e)(16) are added to read as 

follows:

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 70401

§ 635.71 Prohibitions.

* * * * *

(a) * * *

(2) Fish for, catch, possess, retain, or 

land an Atlantic HMS without the 

appropriate valid vessel permit, LAP, 

EFP, SRP, display permit, or chartering 

permit on board the vessel, as specified 

in §§ 635.4 and 635.32.

* * * * *

(6) Falsify or fail to record, report, or 

maintain information required to be 

recorded, reported, or maintained, as 

specified in §§ 635.5 and 635.32 or in 

the terms and conditions of a permit 

issued under § 635.4 or an exempted 

fishing permit, scientific research 

permit, display permit, or chartering 

permit issued under § 635.32.

* * * * *

(41) Fail to immediately notify NMFS 

upon the termination of a chartering 

arrangement as specified in 

§ 635.5(a)(6).

(42) Count chartering arrangement 

catches against quotas other than those 

defined as the Contracting Party of 

which the chartering foreign entity is a 

member as specified in § 635.5(a)(6).

(43) Fail to submit catch information 

regarding fishing activities conducted 

under a chartering arrangement with a 

foreign entity, as specified in 

§ 635.5(a)(6).

(44) Offload chartering arrangement 

catch in ports other than ports of the 

chartering Contracting Party of which 

the foreign entity is a member or offload 

catch without the direct supervision of 

the chartering foreign entity as specified 

in § 635.5(a)(6).

(45) Import or attempt to import tuna 

or tuna-like species harvested from the 

ICCAT convention area by a fishing 

vessel that is not listed in the ICCAT 

record of authorized vessels as specified 

in § 635.45(d).

(46) Import or attempt to import tuna 

or tuna-like species harvested by a 

fishing vessel on the ICCAT illegal, 

unreported, and unregulated fishing list 

as specified in § 635.45(e).

(47) Import or attempt to import tuna 

or tuna-like species, placed in cages for 

farming and/or transshipment, 

harvested in the ICCAT convention area 

and caught by a fishing vessel included 

on the ICCAT list as engaged in illegal, 

unreported, and unregulated fishing as 

specified in § 635.45(f).

(b)* * *

(26) Import a bluefin tuna or bluefin 

tuna product into the United States from 

Equatorial Guinea or Sierra Leone as 

specified in § 635.45.

* * * * *

(30) Import a bigeye tuna or bigeye 

tuna product into the United States from 

Bolivia, Cambodia, Equatorial Guinea, 

Sierra Leone, or Georgia as specified in 

§ 635.45.

* * * * *

(e)* * *

(16) Import a swordfish or swordfish 

product into the United States from 

Sierra Leone as specified in § 635.45.

[FR Doc. 04–26719 Filed 12–3–04; 8:45 am]

BILLING CODE 3510–22–S