43792 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 

and 403 of the Communications Act of 

1934, as amended, 47 U.S.C. 151, 152(a), 

154(i), 257, 303, 307–310, and 403, this 

Report and Order is adopted. 

115. It is further ordered that this 

Report and Order shall be effective 

thirty (30) days after publication of the 

text or a summary thereof in the Federal 

Register, except for those requirements 

involving Paperwork Reduction Act 

burdens, which shall become effective 

on the date announced in the Federal 

Register document announcing OMB 

approval. 

116. It is further ordered that the 

Media Bureau is hereby directed to 

make all necessary changes to Form 301, 

Form 314, Form 315, and the 

Commission’s electronic database 

system to implement the changes 

adopted in this Report and Order. 

117. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Report and Order, including the 

Final Regulatory Flexibility Analysis, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

118. It is further ordered that, 

pursuant to section 801(a)(1)(A) of the 

Congressional Review Act, 5 U.S.C. 

801(a)(1)(A), the Commission shall send 

a copy of the Report and Order to 

Congress and to the Government 

Accountability Office. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2018–18289 Filed 8–27–18; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

RIN 0648–XG408 

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: Notification. 

SUMMARY: The Secretary of Commerce, 

in cooperation with the Secretaries of 

Treasury and Homeland Security, is, 

under the authority of the Marine 

Mammal Protection Act (MMPA), giving 

notice of import restrictions on fish and 

fish products from Mexico caught with 

gillnets deployed in the range of the 

vaquita, an endangered porpoise. 

Importation into the United States from 

Mexico of fish and fish products 

harvested by gillnets in the upper Gulf 

of California (UGC) within the vaquita’s 

geographic range is now prohibited. 

These import restrictions are being 

implemented as required by a court 

order. These trade restrictions remain in 

effect until further court action amends 

the preliminary injunction. 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. 

DATES: Compliance with the import 

restrictions and Certification of 

Admissibility described in this 

document is required beginning August 

24, 2018, and will remain in effect until 

further notice is published in the 

Federal Register indicating otherwise. 

FOR FURTHER INFORMATION CONTACT: 

Nina Young, NMFS F/IASI at email: 

Nina.Young@noaa.gov or phone: 301– 

427–8383. 

SUPPLEMENTARY INFORMATION: In August 

2016, NMFS published a final rule (81 

FR 54390 (August 15, 2016); 50 CFR 

216.24) implementing the fish and fish 

product import provisions (section 

101(a)(2)) of the Marine Mammal 

Protection Act (MMPA). 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 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 for Fisheries 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. 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, under 50 CFR 

216.24(h)(2)(ii) before imports would be 

subject to any trade restrictions. 

Vaquita are a species of porpoise 

endemic to northern Gulf of California 

waters in Mexico and are listed as an 

endangered species under the U.S. 

Endangered Species Act. In November 

2016, the International Committee for 

the Recovery of the Vaquita (CIRVA)— 

a group of international scientists 

supported by Mexico and led by 

Mexican scientists—reported that less 

than 30 individuals are likely to remain. 

Gillnets deployed in an illegal fishery 

for totoaba (an endangered fish sought 

for its swim bladder due to black market 

demand within China) are the primary 

source of vaquita mortality. NMFS has 

identified products coming from 

fisheries interacting with vaquita as a 

potential focus for import restrictions 

under the MMPA. 

On May 18, 2017, the 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 notification 

of the petition’s receipt on August 22, 

2017 (82 FR 39732), and opened a 60- 

day comment period. No final decision 

has been taken on the petition. 

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 with oral 

arguments held 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. The court has 

required the U.S. Government to ban the 

importation of all fish and fish products 

from Mexican commercial fisheries that 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 43793 

use gillnets within the vaquita’s range, 

pending final adjudication of the merits. 

The Government of Mexico’s existing 

Regulatory Agreement, published on 

June 30, 2017 (http://dof.gob.rax/nota_

detalle.php?codigo=5488673&fecha=30/ 

06/2017), provides that ‘‘gillnets, 

including driftnets, operated passively 

or in a dormant state by small vessels 

for fishing activities in the marine 

restricted area, are banned 

permanently.’’ This ban encompasses 

shrimp, sharks, and finfish (including 

chano). Fisheries for curvina and sierra, 

using actively deployed gear are exempt 

from this ban. Currently, only the gulf 

curvina fishery is authorized under 

fishing permits for small fishing vessels 

of the cooperative groups and permit 

holders of the Gulf of Santa Clara, 

Sonora. The fishing organizations of the 

Cucapah (an indigenous community) 

may also use gillnets actively deployed 

to capture curvina in a delimited zone, 

away from the Vaquita Refuge Area as 

authorized under the Manifestation of 

Environmental Impact (MIA) and the 

corresponding exemption granted by the 

Secretariat of Environment and Natural 

Resources (SEMARNAT). No gear is 

currently authorized for curvina 

fishermen operating from San Felipe or 

for sierra fisheries operating in the UGC. 

Under Mexican law, only trawl gear is 

authorized for use in the shrimp fishery. 

Pursuant to court orders issued July 

26, 2018 and August 14, 2018, the Court 

of International Trade (Slip-Op 18–92) 

required the U.S. Government to 

immediately ban the importation from 

Mexico of all shrimp, curvina, sierra, 

and chano fish and their 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). On 

August 14, 2018, in response to these 

orders, U.S. Customs and Border 

Protection (CBP), in cooperation with 

the NMFS, imposed immediate import 

restrictions on fish and fish products 

from Mexico caught with gillnets 

deployed in the range of the vaquita. 

CBP’s action prohibits the importation 

into the United States from Mexico of 

all shrimp, curvina, sierra, and chano 

fish and fish products harvested by 

gillnets in the upper Gulf of California 

(UGC) within the vaquita’s geographic 

range (Cargo Systems Messaging Service 

(CSMS) (#18–000482). The courtordered preliminary injunction is 

effective immediately regardless of the 

five-year exemption under 50 CFR 

216.24(h)(2)(ii). 

Curvina, sierra, and chano 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. In 

addition, to effectuate the Court’s ruling 

while allowing imports of seafood 

outside the scope of the court order, 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 prohibition 

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 

and 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. 

TABLE 1—HTS CODES REQUIRING A CERTIFICATION OF ADMISSIBILITY

Harmonized 

tariff 

schedule 

2018 codes 

Product description 

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.). 


daltland on DSKBBV9HB2PROD with RULES
43794 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 

TABLE 1—HTS CODES REQUIRING A CERTIFICATION OF ADMISSIBILITY—Continued 

Harmonized 

tariff 

schedule 

2018 codes 

Product description 

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. 

0304.89.5090 ........... Fish, frozen, excluding fish fillets and other fish meat of heading 0304: 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. 

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). 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 43795 

TABLE 1—HTS CODES REQUIRING A CERTIFICATION OF ADMISSIBILITY—Continued 

Harmonized 

tariff 

schedule 

2018 codes 

Product description 

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. 

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. 


daltland on DSKBBV9HB2PROD with RULES
43796 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 

The HTS codes applicable to the 

products subject to the requirements of 

the preliminary injunction 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. 

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. 

Until such time as the Court of 

International Trade (or other court of 

competent appellate jurisdiction) lifts 

the preliminary injunction, trade 

restrictions on these products harvested 

by gillnets in the UGC of Mexico within 

the vaquita’s range 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: August 23, 2018. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2018–18628 Filed 8–24–18; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120403249–2492–02] 

RIN 0648–XG440 

Snapper-Grouper Fishery of the South 

Atlantic; 2018 Recreational 

Accountability Measure and Closure 

for South Atlantic Golden Tilefish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for the 

golden tilefish recreational sector in the 

exclusive economic zone (EEZ) of the 

South Atlantic for the 2018 fishing year 

through this temporary rule. NMFS 

estimates recreational landings of 

golden tilefish in 2018 has reached the 

recreational annual catch limit (ACL). 

Therefore, NMFS closes the golden 

tilefish recreational sector in the South 

Atlantic EEZ on August 28, 2018. This 

closure is necessary to protect the 

golden tilefish resource. 

DATES: This rule is effective 12:01 a.m., 

local time, August 28, 2018, until 12:01 

a.m., local time, January 1, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Frank Helies, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

frank.helies@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes golden tilefish and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

On January 2, 2018, as a result of 

golden tilefish being determined to be 

undergoing overfishing, NMFS 

published a final temporary rule in the 

Federal Register (83 FR 65) to reduce 

the combined ACL for golden tilefish in 

the South Atlantic to reduce overfishing 

of the stock. The final temporary rule 

was subsequently extended through 

January 3, 2019 (83 FR 28387; June 19, 

2018). The recreational ACL in place 

during the effectiveness of the interim 

measures is 2,187 fish, during this 

current 2018 fishing year. As described 

in the final temporary rule, the 2,187 

fish is equivalent to 9,960 lb (4,395 kg), 

gutted weight. In accordance with 

regulations at 50 CFR 622.193(a)(2)(i) for 

the recreational sector, if recreational 

landings of golden tilefish reach the 

recreational ACL, the Assistant 

Administrator for NOAA Fisheries (AA) 

will file a notification with the Office of 

the Federal Register to close the 

recreational sector for the remainder of 

the fishing year. Landings data from the 

NMFS Southeast Fisheries Science 

Center indicate that the golden tilefish 

recreational ACL of 2,187 fish has been 

reached. Therefore, this temporary rule 

implements an AM to close the golden 

tilefish recreational sector of the 

snapper-grouper fishery for the 

remainder of the 2018 fishing year. As 

a result, the recreational sector for 

golden tilefish in the South Atlantic 

EEZ will be closed effective 12:01 a.m., 

local time August 28, 2018. 

As the commercial sector, including 

both longline and hook-and-line 

components, are also closed, during the 

recreational closure, the bag and 

possession limits for golden tilefish in 

or from the South Atlantic EEZ are zero, 

and all harvest and possession of golden 

tilefish is prohibited. The recreational 

sector for golden tilefish will reopen on 

January 1, 2019, the beginning of the 

2019 fishing year and the recreational 

fishing season. 

Classification 

The Regional Administrator for the 

NMFS Southeast Region has determined 

this temporary rule is necessary for the 

conservation and management of South 

Atlantic golden tilefish and is consistent 

with the Magnuson-Stevens Act and 

other applicable laws. 

This action is taken under 50 CFR 

622.193(a)(2)(i) and is exempt from 

review under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action responds to the best 

scientific information available. The AA 

finds that the need to immediately 

implement this action to close the 

recreational sector for golden tilefish 

constitutes good cause to waive the 

requirements to provide prior notice 

and opportunity for public comment on 

this temporary rule pursuant to 5 U.S.C. 

553(b)(B), because such procedures are 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the regulations at 

50 CFR 622.193(a)(2)(i) have already 

been subject to notice and comment, 


daltland on DSKBBV9HB2PROD with RULES