Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations 14381

RSPA agrees with Petitioner that

natural gas transmission lines operated

by distribution operators in connection

with their distribution systems should

be exempt from the requirement to have

procedures that address abnormal

operations. This was the intent of the

final rule. The preamble to the final rule

stated that ‘‘[d]istribution system

operators are not required to prepare a

manual for abnormal conditions because

they normally operate distribution

pipelines at lower pressures than

transmission pipelines * * * due to the

dangers involved in operating in

populated areas, most unusual operating

conditions would be considered by the

distribution system operator to be an

emergency until the condition is

resolved or corrected.’’ (59 FR 6582;

February 11, 1994.) Accordingly, RSPA

is amending the final rule to clarify that

an operator of a high-pressure or lowpressure distribution system, as defined

in 49 CFR 192.3, is exempt from the

requirement to prepare a manual for

abnormal operations.

Rulemaking Analyses

Executive Order 12866 and DOT

Regulatory Policies and Procedures

This rule is not considered a

significant regulatory action under

section 3(f) of Executive Order 12866

and, therefore, is not subject to review

by the Office of Management and

Budget. The rule is not considered

significant under the regulatory policies

and procedures of the Department of

Transportation (44 FR 11034; February

26, 1979) because it merely clarifies the

content of a final rule and does not

materially affect the substance of the

final rule.

Federalism Assessment

This rule will not have substantial

direct effects on the relationship

between the federal government and the

states, or on the distribution of power

and responsibilities among the various

levels of government. This rule only

makes minor editorial changes to a

previously issued rule. Therefore, in

accordance with Executive Order 12612

(52 FR 41685, October 30, 1987) RSPA

has determined that this final rule does

not have sufficient federalism

implications to warrant preparation of a

Federalism Assessment.

Regulatory Flexibility Act

There are very few small entities that

operate pipelines affected by this

rulemaking. To the extent than any

small entity is affected, the affect is

minimal because it does not impose

additional requirements. Based on this

fact, I certify under Section 605 of the

Regulatory Flexibility Act (5 U.S.C. 605;

September 19, 1980) that this rule does

not have a significant economic impact

on a substantial number of small

entities.

List of Subjects in 49 CFR Part 192

Pipeline safety, Reporting and

recordkeeping requirements.

In consideration of the foregoing, part

192 is amended to read as follows:

PART 192—[AMENDED]

1. The authority citation for part 192

continues to read as follows:

Authority: 49 U.S.C. 5103, 60102, 60104,

60108, 60109, 60110, 60113, 60118; 49 CFR

1.53.

2. In § 192.605, the introductory text

of paragraph (b) is revised to read as

follows:

§ 192.605 Procedural manual for

operations, maintenance, and emergencies.

* * * * *

(b) Maintenance and normal

operations. The manual required by

paragraph (a) of this section must

include procedures for the following, if

applicable, to provide safety during

maintenance and operations.

* * * * *

3. In § 192.605, paragraph (c)(1)(v) is

revised, and a new paragraph (c)(5) is

added to read as follows:

§ 192.605 Procedural manual for

operations, maintenance and emergencies.

* * * * *

(c) * * *

(1) * * *

(v) Any other foreseeable malfunction

of a component, deviation from normal

operation, or personnel error, which

may result in a hazard to persons or

property.

* * * * *

(5) The requirements of this paragraph

(c) do not apply to natural gas

distribution operators that are operating

transmission lines in connection with

their distribution system.

D.K. Sharma,

Administrator, Research and Special

Programs Administration.

[FR Doc. 95–6363 Filed 3–16–95; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 280 and 285

[Docket No. 950124026–5026–01; I.D.

100893B]

RIN 0648–AF74

Bluefin Tuna Fisheries; Bluefin Tuna

Statistical Document

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

revise the regulations governing the

bluefin tuna fisheries to: Require an

appropriately completed, approved

Bluefin Tuna Statistical Document

(BSD) as a condition for import, export,

or re-export of bluefin tuna into or from

the United States; require a Federal

permit for all dealers that import or

export Pacific bluefin tuna; require

preparation and submission of a

biweekly report on imports and exports

of Pacific bluefin tuna by permitted

dealers; revise specifications

determining size classes of Atlantic

bluefin tuna; and make minor

amendments to clarify the regulations.

This action is necessary to implement

recommendations of the International

Commission for the Conservation of

Atlantic Tunas (ICCAT), to improve

management and monitoring of the U.S.

bluefin tuna fisheries, to facilitate

enforcement, and to enhance collection

of data in order to improve assessment

of the environmental and economic

impacts of the fisheries.

EFFECTIVE DATE: April 17, 1995.

ADDRESSES: Copies of the Final

Environmental Assessment/ Regulatory

Impact Review, are available from

Richard H. Schaefer, Director, Office of

Fisheries Conservation and Management

(F/CM), NMFS, 1315 East-West

Highway, Silver Spring, MD 20910.

Comments regarding the burden-hour

estimate or any other aspect of the

collection-of-information requirement

contained in this rule should be sent to

Richard H. Schaefer and to the Office of

Management and Budget (OMB),

Paperwork Reduction Project (0648–

0040; 0648–0148; 0648–0202; 0648–

0239), Attention: NOAA Desk Officer,

Washington, DC 20503.

Copies of the ICCAT BSD and revised

Fisheries Certificate of Origin (FCO) are

also available from the Director, F/CM.
14382 Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT:

Richard B. Stone, 301–713–2347.

SUPPLEMENTARY INFORMATION: The

Atlantic tuna fisheries are managed

under regulations at 50 CFR part 285

implementing the recommendations of

ICCAT and issued under the authority

of the Atlantic Tunas Convention Act

(ATCA), 16 U.S.C. 971 et seq. The

ATCA authorizes the Secretary to

implement regulations as may be

necessary to carry out the

recommendations of ICCAT. The

authority to implement the ICCAT

recommendations is delegated from the

Secretary to the Assistant Administrator

for Fisheries, NOAA (AA). The Pacific

tuna fisheries are managed under

regulations at 50 CFR part 280

implementing the recommendations of

the Inter-American Tropical Tuna

Commission. The AA has determined

that provisions of this final rule

applicable to Pacific bluefin tuna are

necessary to implement the

recommendations of ICCAT due to

similarity of appearance to Atlantic

bluefin tuna.

Purpose of Current Action

Background information about the

need for the ICCAT Bluefin Statistical

Tuna Document program was provided

in the notice of proposed rulemaking

(59 FR 30896, June 16, 1994) and is not

repeated here.

Management Measures

These regulatory changes will

improve NMFS’ ability to implement

the ICCAT recommendations and

further the management objectives for

the domestic tuna fisheries:

1. Bluefin Tuna Statistical Document

This final rule requires an original

completed, approved BSD as a

condition for the import, export, or reexport of all bluefin tuna shipments into

or from the United States. The BSD is

required for all bluefin tuna products

that are exported from or imported into

the United States and identified by

Harmonized Tariff Schedule (HTS)

numbers for fresh or chilled bluefin

tuna, excluding fillets and other fish

meat—0302.39.00.20; frozen bluefin

tuna, excluding fillets—0303.49.00.20;

and any other product form not

identified by bluefin-specific HTS

numbers. In order to be considered

appropriately completed, the approved

BSD accompanying each shipment must

provide all of the required information

indicated at 50 CFR 285.202 and be

certified by the exporter, importer, and

government official, as appropriate.

2. Pacific Bluefin Dealer Permits

Dealers importing Pacific bluefin

tuna, or purchasing or receiving for

export Pacific bluefin tuna first landed

in the United States, are required to

possess a valid bluefin tuna dealer

permit and comply with all applicable

recordkeeping and reporting

requirements.

3. Pacific Bluefin Reporting

Requirements

Pacific bluefin tuna dealers are

required to submit biweekly reports to

the Regional Director on imports and

exports of bluefin tuna. The report must

be postmarked and mailed within 10

days after the end of each 2-week

reporting period in which Pacific

bluefin tuna were imported or exported.

The biweekly reporting periods are

defined as the first day through the 14th

day of each month and the 15th day

through the last day of the month. Each

report must specify accurately and

completely for each tuna or each

shipment of bulk-frozen tuna exported:

Date of landing or import, any tag

number (if so tagged), and weight in

kilograms (specify if round or dressed).

4. Atlantic Tuna Curved Length Measure

The regulatory text is amended to

specify Atlantic bluefin tuna size classes

relative to curved length measure. The

curved length measure is a more feasible

measurement method to apply to a

bluefin tuna on a vessel or at the dock.

Specification of size classes according to

the curved measurement method will

enable fishermen, dealers, and NMFS

enforcement agents to consistently

assign individual fish to one of the

regulatory size classes for the purposes

of compliance with daily bag and boat

limits and the prohibition on sale of

small fish.

5. Atlantic Tuna Technical

Amendments

Technical amendments to the

regulations at 50 CFR part 285 are made

to delete references to metal tags to

account for non-metallic tail tags now

issued to dealers, and to clarify a

prohibition on the reuse of tail tags

issued to permitted dealers for the

purpose of identifying individual

Atlantic bluefin tuna. These changes

will not affect the conduct of the tuna

fisheries except to facilitate

enforcement. Without such changes, the

fisheries cannot be monitored or

enforced with maximum effectiveness.

Comments and Responses

1. Bluefin Tuna Statistical Document

Comment: Fisheries officials from

other ICCAT member nations, including

Spain, Canada, and Japan, commented

that combining the ICCAT BSD with the

U.S. FCO (NOAA Form 370) could lead

to confusion and potential problems in

implementing the ICCAT bluefin tuna

statistical program. This could have

deleterious effects on multilateral

management of bluefin tuna. These

officials noted that ICCAT has invested

a considerable amount of effort over

several years in designing a form and an

information-collection system that

would be acceptable to all ICCAT

members. By using a form containing

information-collection requirements

extraneous to the ICCAT bluefin

statistical program, the United States

could impede expeditious transport of a

highly perishable product.

Additionally, U.S. bluefin dealers

objected to the proposed combined form

on the grounds that importing countries

(e.g., Japan) would not accept it as the

agreed ICCAT document, and dealers

would have to complete both the U.S.

form and the ICCAT form, resulting in

unnecessary duplication of effort. Due

to Japanese import requirements

implemented on June 1, 1994, U.S.

dealers have been using the ICCAT-style

form supplied to them by Japanese

importers. Many dealers commented

that introduction of a new form would

lead to confusion on the part of customs

brokers in Japan and could possibly

result in delayed or rejected shipments.

Response: NMFS concurs in general

with the comments and is issuing a

separate BSD according to the ICCAT

format. While use of a separate BSD will

avoid confusion in implementing the

ICCAT program, it does not exempt U.S.

dealers from complying with FCO

requirements. However, due to FCO

exemptions for fresh fish, there would

be few situations (e.g., frozen bluefin)

where foreign exporters and U.S.

importers would need to complete both

documents. Trade statistics indicate that

only 1,400 lb (635 kg) of frozen bluefin

were imported into the United States in

1993. Thus, the majority of bluefin

imports would be exempt from FCO

requirements and the overall reporting

burden would not be significantly

changed by issuing separate BSD and

FCO forms.

2. Pacific Bluefin Tagging Requirements

Comment: Dealers of Pacific bluefin

tuna commented that, relative to

Atlantic bluefin, export shipments of

Pacific bluefin generally comprise

smaller fish, in greater numbers.
Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations 14383

Tagging of individual Pacific bluefin is,

therefore, cost-prohibitive and poses an

extreme economic burden on West

Coast fish dealers.

Response: NMFS agrees that the labor

costs involved in tagging large numbers

of small Pacific bluefin tuna affect

competitive pricing and would reduce,

or even preclude, the profitability of

exports. NMFS, therefore, has

withdrawn the proposed requirement to

tag all Pacific bluefin tuna. However,

dealers may continue to tag Pacific

bluefin provided the tag numbers are

recorded on the BSD and are reported to

NMFS on the biweekly report.

Voluntary tagging of Pacific bluefin tuna

will relieve dealers of the responsibility

to have documents validated by

government officials or, if authorized,

by non-government officials.

3. Pacific Bluefin Validation

Requirements

Comment: Pacific bluefin tuna dealers

have commented that NMFS can

independently verify information on the

BSD by cross-referencing state landings

tickets and biweekly reports, thus

eliminating delays in packing fish

caused by waiting for government

validation. Given the need for

expeditious handling to export bluefin

for the fresh market in Japan, dealers

perceive the validation requirement as

an excessive burden providing no

additional benefit to the information

retrieval system.

Response: NMFS agrees that biweekly

reports, taken together with the

completed BSDs and required

supporting documentation, provide the

information needed to report as

specified in the ICCAT

recommendation. However, the United

States is bound to comply with

validation requirements as specified by

ICCAT. Pending future clarification by

ICCAT’s Permanent Working Group for

the Improvement of ICCAT Statistics

and Conservation Measures, validation

requirements by exporting countries

may be subject to change. Currently, the

ICCAT resolution on validation requires

that imports of untagged bluefin tuna

from the United States be validated.

NMFS recommends that Pacific bluefin

dealers tag individual fish when feasible

to gain exemption from validation

requirements. With this final rule,

NMFS establishes procedures for nongovernment validation of BSDs in the

event validation is necessary. Validation

by authorized non-government parties

will reduce the compliance burden.

4. Pacific Bluefin Reporting

Requirements

Comment: The biweekly report was

first developed for Atlantic bluefin tuna,

and it needs to be modified if it is to

reflect Pacific bluefin tuna shipping

practices. Specifically, the sections to

record tag numbers and individual

weights should be deleted.

Response: Rather than issue a

combined form for both Atlantic and

Pacific bluefin tuna reports, NMFS has

decided to issue a separate form

modified for the specific biweekly

reporting requirements of Pacific bluefin

shipments.

5. Use of Metric Equivalents

Comment: The U.S. fishing industry

records weights in pounds and the

biweekly reports and BSDs should

reflect this.

Response: Weights specified in

kilograms will facilitate international

trade in bluefin tuna. Specification of

weights in kilograms on completed

BSDs will reduce problems in reviewing

and verifying information at customs

offices abroad.

6. Import Requirements

Comment: According to the ICCAT

recommendation, all bluefin tuna,

regardless of product form, must be

accompanied by a completed BSD to be

eligible for lawful entry.

Response: In the final rule NMFS has

amended the requirements for

documentation to include bluefin tuna

in any product form, not just fresh or

frozen as identified by bluefin-specific

HTS codes.

Comment: According to the general

interpretation of the ICCAT

recommendation, improperly

documented bluefin would not be

refused, but suspended and subject to

administrative sanctions if

documentation could not be produced.

The proposed rule would only allow

entry under bond without

documentation.

Response: Due to the perishable

nature of the product, the interpretation

of the ICCAT recommendation is such

that entry of bluefin tuna without

documentation would be suspended,

pending receipt of a properly completed

document, or the entry would be

allowed subject to administrative

sanctions. Since the U.S. Customs

Service now uses an automated broker

interface for electronic filing of entry

documents, refusal of improperly

documented bluefin is impractical.

Therefore, allowance for entry under

bond has been eliminated and import of

undocumented bluefin would, in most

cases, be subject to civil penalties under

NMFS and U.S. Customs Service

regulations rather than seizure.

Changes From the Proposed Rule

After consideration of public

comment, NMFS is issuing a separate

form for use as an ICCAT BSD and will

not combine the BSD with the FCO

(NOAA Form 370). For copies of the

ICCAT BSD and revised FCO, contact

NMFS (see ADDRESSES). Though NMFS

will not issue a combined form, U.S.

tuna dealers must be aware that for

import and export of tuna products, in

some situations, both forms are

required.

Under the Marine Mammal Protection

Act and its implementing regulations,

only dolphin-safe tuna may be

purchased, sold, transported, or shipped

in the United States after June 1, 1994

(16 U.S.C. 1417). In certain cases,

imports of tuna and tuna products,

except fresh tuna, form must be

accompanied by an appropriately

completed FCO (NOAA Form 370). The

majority of bluefin tuna imports to the

United States are in fresh form, for

which an FCO is not required. However,

an appropriately completed BSD is

required for all bluefin tuna, fresh or

frozen, that enters or exits the United

States. Therefore, dealers should note

that bluefin tuna imported in forms

other than fresh product, are subject to

the requirements of both the BSD and

FCO.

Other changes from the proposed rule

involve the tagging and validation

requirements for Pacific bluefin tuna

exported from the United States. After

considering public comment on

packaging and shipping practices for

Pacific bluefin, NMFS has eliminated

the proposed requirement that Pacific

bluefin tuna be tagged prior to export.

However, the ICCAT resolution on

validation currently requires that

imports of untagged Atlantic or Pacific

bluefin tuna from the United States to

other ICCAT-member countries be

validated by government officials.

NMFS recommends that Pacific bluefin

tuna dealers tag individual fish when

feasible, to gain exemption from

validation requirements. In the event

validation is necessary, NMFS has

established procedures for nongovernment validation of BSDs to

reduce the compliance burden.

NMFS has changed the requirements

for dealer permits to include both

dealers importing and exporting Pacific

bluefin tuna. This is necessary to ensure

accurate reporting of import statistics

and collection of BSDs accompanying

Pacific bluefin tuna that are imported

into the United States for domestic
14384 Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations

consumption. It is expected that most, if

not all, dealers importing Pacific bluefin

tuna will also export on occasion, and

thus require a permit in any case.

NMFS has also changed the retention

period for copies of BSDs and biweekly

dealer reports on Pacific bluefin tuna

exports from 6 months to 2 years. This

was done to make the recordkeeping

requirements consistent with those

already in effect for Atlantic bluefin

tuna reports.

NMFS has changed the requirements

for lawful entry of Atlantic and Pacific

bluefin tuna imports to include all

product forms and to eliminate

requirements for entry under bond. This

is necessary to comply with general

interpretations of the ICCAT

recommendation and subsequent

resolutions concerning the BSD.

NMFS has revised the format of

certain amendments to the regulatory

text in that dealer permitting, reporting

and recordkeeping requirements

applicable to Pacific bluefin tuna are

placed at 50 CFR part 280, rather than

at 50 CFR part 285. This organizational

change was made to reduce

fragmentation of the regulatory text

applicable to Pacific tuna fisheries.

In addition to the above changes, the

following adjustments to the

regulations, though not part of the

proposed rule, are implemented by this

rule to assist in quota monitoring, to

increase the effectiveness of

enforcement, and to ensure the accuracy

of bluefin statistical documents:

In § 285.26, size classes are defined

relative only to the curved length

measurement method. Public support

for this change was expressed following

a request for comments issued during

rulemaking for the 1994 Atlantic bluefin

tuna season (59 FR 2813, January 19,

1994). Landings data also support this

change, since 88 percent of Atlantic

bluefin tuna purchased by dealers from

1991 through 1993 were reported with

curved length measures. NMFS

enforcement officials concur that

specification of size classes by the

curved method is more consistent with

the way length measurements are taken

in the field and reduces confusion

between legal and illegal size fish

relative to the daily bag limits and the

prohibition on sale of Atlantic bluefin

below the large medium size class.

Accordingly, this rule establishes

curved measure as the sole criterion for

determination of size classes of Atlantic

bluefin tuna.

In § 285.29(a), language is added to

instruct permitted dealers purchasing or

receiving Atlantic bluefin tuna to verify,

by visual inspection of the vessel

permit, that the required permit

information is correctly recorded on the

dealer landing card. This is necessary to

ensure that records of bluefin tuna

landings are assigned to the correct

vessel permit number.

Another technical change is that

specific language is added at § 280.52,

§ 280.53(f), § 285.30(e), and

§ 285.31(a)(38) to prohibit the reuse of

bluefin tuna identification tags. While

instructions to dealers have indicated

proper use of tags, the regulatory text

was not clear regarding reuse. Clarifying

the regulatory text will assist quota

monitoring and ensure the accuracy of

export documentation as recorded on

the BSD.

Finally, all references to metal tail

tags in the regulatory text have been

deleted, since NMFs now issues nonmetallic tail tags to dealers for the

purpose of identifying individual

bluefin tuna available for sale.

Classification

This final rule is published under the

authority of the ATCA, 16 U.S.C. 971 et

seq. The AA has determined that this

rule is necessary to implement the

recommendations of ICCAT and is

necessary for management of the

Atlantic tuna fisheries.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Small Business Administration that

the proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities

because the recordkeeping and reporting

requirements impose minimal costs.

Accordingly, an Initial Regulatory

Flexibility Analysis was not prepared.

The changes from the proposed rule

reduce the compliance burden on

bluefin tuna dealers by eliminating

mandatory tagging of Pacific bluefin and

by allowing dealer associations, if

authorized, to validate BSDs.

This rule has been determined to be

not significant for purposes of E.O.

12866.

This rule contains new and revised

collection-of-information requirements

subject to review under the Paperwork

Reduction Act. It modifies and renews

requirements that were approved by

OMB under control numbers 0648–

0040, 0648–0148, 0648–0202 and 0648–

0239. The public reporting burden for

completing an application for a Federal

permit for dealers that export or reexport Pacific bluefin tuna is estimated

at 0.08 hours (5 minutes) per response.

The public reporting burden for these

dealers for collection of information on

dealer reports is estimated at 0.25 hours

(15 minutes) per response for the

biweekly dealer reports and affixing

tags, and 0.33 hours (20 minutes) per

response for all bluefin tuna dealers for

completing a BSD. The public reporting

burden for maintaining a daily log of

fishing activities for Pacific bluefin tuna

is estimated at 0.10 hours (6 minutes)

per response. These estimates include

the time for reviewing instructions,

searching existing data sources,

gathering and maintaining the data

needed, and completing and reviewing

the collection of information. Send

comments regarding these burden

estimates or any other aspects of these

collections of information, including

suggestions for reducing the burden, to

NMFS and OMB (see ADDRESSES).

List of Subjects

50 CFR Part 280

Fisheries, Reporting and

recordkeeping requirements, Treaties.

50 CFR Part 285

Fisheries, Penalties, Reporting and

recordkeeping requirements, Treaties.

Dated: March 10, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR parts 280 and 285 are

amended as follows:

PART 280—PACIFIC TUNA FISHERIES

1. The authority citation for part 280

is revised to read as follows:

Authority: 16 U.S.C. 951–961 and 971 et

seq.

2. A heading for subpart A is added

to read as follows:

Subpart A—General

3. Sections 280.1 and 280.2 are

transferred to subpart A.

4. Section 280.1 is revised to read as

follows:

§ 280.1 Purpose and scope.

The regulations in this part

implement the IATTC recommendations

for the conservation of yellowfin tuna

and the ICCAT recommendations for the

conservation of bluefin tuna so far as

they affect vessels and persons subject

to the jurisdiction of the United States.

5. In § 280.2, the definition for

‘‘Authorized officer’’ is amended by

redesignating paragraphs (a) through (d)

as paragraphs (1) through (4),

respectively, and the definition for

‘‘Mingled species’’ is amended by

redesignating paragraphs (a) and (b) as

paragraphs (1) and (2), respectively; the

definition for ‘‘Commission’’ is

removed; and the definitions of
Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations 14385

‘‘Atlantic bluefin tuna’’, ‘‘Bluefin tuna’’,

‘‘IATTC’’, ‘‘ICCAT’’, ‘‘Pacific bluefin

tuna’’, ‘‘Regional Director’’, and ‘‘Tag’’

are added in alphabetical order to read

as follows:

§ 280.2 Definitions.

* * * * *

Atlantic bluefin tuna means the

subspecies of bluefin tuna Thunnus

thynnus thynnus that is found in the

Atlantic Ocean.

* * * * *

Bluefin tuna means the fish species

Thunnus thynnus that is found in any

ocean area.

* * * * *

IATTC means the Inter-American

Tropical Tuna Commission established

pursuant to the Convention for the

Establishment of an Inter-American

Tropical Tuna Commission.

ICCAT means the International

Commission for the Conservation of

Atlantic Tunas established pursuant to

the International Convention for the

Conservation of Atlantic Tunas.

Pacific bluefin tuna means the

subspecies of bluefin tuna Thunnus

thynnus orientalis that is found in the

Pacific Ocean.

Regional Director means

(1) For the purposes of Atlantic

bluefin dealers, the Director, Northeast

Region, National Marine Fisheries

Service, One Blackburn Drive,

Gloucester, MA 01930–3799; and

(2) For the purposes of Pacific bluefin

dealers, the Director, Southwest Region,

National Marine Fisheries Service, 501

W. Ocean Blvd., Suite 4200, Long

Beach, CA 90802–4213.

Tag means the flexible, self-locking

ribbon issued by the NMFS for the

identification of bluefin tuna under

§ 280.52 or § 285.30 of this chapter.

* * * * *

6. A heading for subpart B is added

to read as follows:

Subpart B—Yellowfin Tuna (Thunnus

albacares)

7. Sections 280.3 and 280.4 are

redesignated as §§ 280.10 and 280.11,

respectively, and are transferred to

subpart B.

8. Newly redesignated § 280.10 is

revised to read as follows:

§ 280.10 Recordkeeping and written

reports.

(a) The master or other person in

charge of a fishing vessel or a person

authorized in writing to serve as the

agent for either person must keep an

accurate log of all operations conducted

from the fishing vessel, entering for each

day the date, noon position (stated in

latitude and longitude or in relation to

known physical features), and the

tonnage of fish aboard, by species. The

record and bridge log maintained at the

request of the IATTC shall be sufficient

to comply with this paragraph, provided

the items of information specified are

accurately entered in the log.

(b) Any authorized officer has the

power to inspect, without warrant or

other process, at any reasonable time,

the records and logs of any fishing

vessel that are required by paragraph (a)

of this section.

9. In newly redesignated paragraph

280.11(a), the word ‘‘Commission’’ is

replaced with the word ‘‘IATTC’’.

10. A new Subpart C is added to read

as follows:

Subpart C—Pacific Bluefin Tuna (Thunnus

thynnus orientalis)

280.50 Dealer permits.

280.51 Dealer recordkeeping and reporting.

280.52 Tags.

280.53 Documentation requirements.

280.54 Prohibitions.

Subpart C—Pacific Bluefin Tuna

(Thunnus thynnus orientalis)

§ 280.50 Dealer permits.

(a) General. A dealer importing

Pacific bluefin tuna or purchasing, or

receiving, for export Pacific bluefin tuna

first landed in the United States, must

have a valid permit issued under this

section.

(b) Application. A dealer must apply

for a permit in writing on an appropriate

form obtained from the Regional

Director. The application must be

signed by the dealer and be submitted

to the Regional Director at least 30 days

before the date upon which the dealer

desires to have the permit made

effective. The application must contain

the following information: Company

name, principal place of business,

owner or owners’ names, applicant’s

name (if different from owner or

owners) and mailing address and

telephone number, and any other

information required by the Regional

Director.

(c) Issuance. (1) Except as provided in

subpart D of 15 CFR part 904, the

Regional Director will issue a permit

within 30 days of receipt of a completed

application.

(2) The Regional Director will notify

the applicant of any deficiency in the

application. If the applicant fails to

correct the deficiency within 15 days

following the date of notification, the

application will be considered

abandoned.

(d) Duration. Any permit issued

under this section is valid until

December 31 of the year for which it is

issued, unless suspended or revoked.

(e) Alteration. Any permit that is

substantially altered, erased, or

mutilated is invalid.

(f) Replacement. The Regional

Director may issue replacement permits.

An application for a replacement permit

is not considered a new application.

(g) Transfer. A permit issued under

this section is not transferable or

assignable; it is valid only for the dealer

to whom it is issued.

(h) Inspection. The dealer must keep

the permit issued under this section at

his/her principal place of business. The

permit must be displayed for inspection

upon request of any authorized officer,

or any employee of NMFS designated by

the Regional Director for such purpose.

(i) Sanctions. The Assistant

Administrator may suspend, revoke,

modify, or deny a permit issued or

sought under this section. Procedures

governing permit sanctions and denials

are found at subpart D of 15 CFR part

904.

(j) Fees. The Regional Director may

charge a fee to recover the

administrative expenses of permit

issuance. The amount of the fee is

calculated, at least annually, in

accordance with the procedures of the

NOAA Finance Handbook for

determining administrative costs of each

special product or service. The fee may

not exceed such costs and is specified

on each application form. The

appropriate fee must accompany each

application. Failure to pay the fee will

preclude issuance of the permit.

Payment by a commercial instrument

later determined to be insufficiently

funded shall invalidate any permit.

(k) Change in application

information. Within 15 days after any

change in the information contained in

an application submitted under this

section, the dealer issued a permit must

report the change to the Regional

Director in writing. The permit is void

if any change in information is not

reported within 15 days.

§ 280.51 Dealer recordkeeping and

reporting.

Any person issued a dealer permit

under § 280.50:

(a) Must submit to the Regional

Director a biweekly report on bluefin

imports and exports on forms supplied

by NMFS.

(1) The report required by this

paragraph (a) must be postmarked and

mailed at the dealer’s expense within 10

days after the end of each 2-week

reporting period in which Pacific

bluefin tuna were exported. The

biweekly reporting periods are defined
14386 Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations

as the first day to the 14th day of each

month and the 15th day to the last day

of the month.

(2) Each report must specify

accurately and completely for each tuna

or each shipment of bulk-frozen tuna

exported: Date of landing or import; any

tag number (if so tagged); weight in

kilograms (specify if round or dressed);

and any other information required by

the Regional Director. At the top of each

form, the company’s name, license

number, and the name of the person

filling out the report must be specified.

In addition, the beginning and ending

dates of the 2-week reporting period

must be specified by the dealer and

noted at the top of the form.

(b) Must allow an authorized officer,

or any employee of NMFS designated by

the Regional Director for this purpose,

to inspect and copy any records of

transfers, purchases, or receipts of

Pacific bluefin tuna.

(c) Must retain at his/her principal

place of business a copy of each

biweekly report for a period of 2 years

from the date on which it was submitted

to the Regional Director.

§ 280.52 Tags.

(a) Issuance of tags. The Regional

Director will issue numbered tags to

each person receiving a dealer’s permit

under § 280.50.

(b) Transfer of tags. Tail tags issued

under this section are not transferable

and are usable only by the permitted

dealer to whom they are issued.

(c) Affixing tags. At the discretion of

dealers permitted under § 280.50, a tag

issued under paragraph (a) of this

section may be affixed to each Pacific

bluefin tuna purchased or received by

the dealer. If so tagged, the tag must be

affixed to the tuna between the fifth

dorsal finlet and the keel and tag

numbers must be recorded on NMFS

reports required by § 280.51(a) and any

documents accompanying the shipment

of Pacific bluefin tuna for domestic

commercial use or export.

(d) Removal of tags. A NMFS-issued

tag affixed to any Pacific bluefin tuna at

the option of any permitted dealer

under paragraph (c) of this section or

any tag affixed to any Pacific bluefin

tuna to meet the requirements of

§ 285.202(a)(6)(v) of this chapter must

remain on the tuna until the tuna is cut

into portions. If the tuna or tuna parts

subsequently are packaged for transport

for domestic commercial use or for

export, the tag number must be written

legibly and indelibly on the outside of

any package or container.

(e) Reuse of tags. Tags issued under

this section are separately numbered

and may be used only once, one tail tag

per fish, to distinguish the purchase of

one Pacific bluefin tuna. Once affixed to

a tuna or recorded on any package,

container or report, a tail tag and

associated number may not be reused.

§ 280.53 Documentation requirements.

Bluefin tuna imported into, or

exported or re-exported from the

customs territory of the United States is

subject to the documentation

requirements specified in 50 CFR part

285, subpart F of this chapter.

§ 280.54 Prohibitions.

It is unlawful for any person or vessel

subject to the jurisdiction of the United

States to:

(a) Import Pacific bluefin tuna or

purchase or receive for export Pacific

bluefin tuna first landed in the United

States without a valid dealer permit

issued under § 280.50;

(b) Remove any NMFS-issued tag

affixed to any Pacific bluefin tuna at the

option of any permitted dealer or any

tag affixed to a Pacific bluefin tuna to

meet the requirements of

§ 285.202(a)(6)(v) of this chapter, before

removal is allowed under § 280.52, or

fail to write the tag number on the

shipping package or container as

specified in § 280.52;

(c) Falsify or fail to make, keep,

maintain, or submit any reports or other

record required by this subpart;

(d) Refuse to allow an authorized

officer or employee of NMFS designated

by the Regional Director to make

inspections for the purpose of checking

any records relating to the catching,

harvesting, landing, purchase, or sale of

any Pacific bluefin tuna required of this

subpart;

(e) Make any false statement, oral or

written, to an authorized officer or

employee of NMFS designated by the

Regional Director to make inspections

concerning the catching, harvesting,

landing, purchase, sale, or transfer of

any Pacific bluefin tuna;

(f) Reuse any NMFS-issued tag affixed

to a Pacific bluefin tuna at the option of

a permitted dealer or any tag affixed to

a Pacific bluefin tuna to meet the

requirements of § 285.202(a)(6)(v) of this

chapter or reuse any tag number

previously written on a shipping

package or container as prescribed by

§ 280.52.

PART 285—ATLANTIC TUNA

FISHERIES

11. The authority citation for part 285

continues to read as follows:

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

12. In § 285.2, the definition of ‘‘Metal

tag’’ is removed; the definitions of

‘‘Bluefin tuna’’, ‘‘Intermediate country’’,

‘‘Pacific bluefin tuna’’, and ‘‘Tag’’ are

added in alphabetical order; the

definition of ‘‘Atlantic bluefin tuna’’ is

revised; in the definition of ‘‘owner’’,

paragraphs (a) through (c) are

redesignated paragraphs (1) through (3),

respectively; and in the definition of

‘‘Regional Director’’, paragraphs (a) and

(b) are redesignated as paragraphs (1)

and (2), respectively, and are revised to

read as follows:

§ 285.2 Definitions.

* * * * *

Atlantic bluefin tuna means the

subspecies of bluefin tuna Thunnus

thynnus thynnus that is found in the

Atlantic Ocean. Size classes for Atlantic

bluefin tuna are defined in § 285.26.

* * * * *

Bluefin tuna means the fish species

Thunnus thynnus that is found in any

ocean area.

* * * * *

Intermediate country means a country

from which bluefin tuna or bluefin tuna

products that were previously imported

by that nation are exported to the

United States. Shipments of bluefin

tuna or bluefin tuna products through a

country on a through bill of lading or in

another manner that does not enter the

shipments into that country as an

importation do not make that country an

intermediate country under this

definition.

* * * * *

Pacific bluefin tuna means the

subspecies of bluefin tuna Thunnus

thynnus orientalis that is found in the

Pacific Ocean.

* * * * *

Regional Director means

(1) For the purposes of Atlantic

bluefin dealers, the Director, Northeast

Region, National Marine Fisheries

Service, One Blackburn Drive,

Gloucester, MA 01930–3799; and for the

purposes of Pacific bluefin dealers, the

Director, Southwest Region, National

Marine Fisheries Service, 501 W. Ocean

Blvd. Suite 4200, Long Beach, CA

90802–4213; and

(2) For purposes of yellowfin tuna,

bigeye tuna, skipjack tuna, and albacore,

the Regional Director, Southeast Region,

National Marine Fisheries Service, 9721

Executive Center Drive, St. Petersburg,

FL 33702–2432.

* * * * *

Tag means the flexible, self-locking

ribbon issued by NMFS for the

identification of Atlantic bluefin tuna

under § 285.30.

* * * * *

13. In § 285.23, paragraph (d) is

revised to read as follows:
Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations 14387

§ 285.23 Incidental catch.

* * * * *

(d) Rod and reel. Subject to the quotas

in § 285.22, any person operating a

vessel issued a permit for the Angling

category and possessing an Incidental

Catch permit issued under § 285.21 may

catch and retain annually one large

medium or giant Atlantic bluefin tuna

as an incidental catch. The permit

holder must report to the nearest NMFS

enforcement office within 24 hours of

landing any large medium or giant

Atlantic bluefin tuna, and must make

the tuna available for inspection and

attachment of a tail tag. No such

Atlantic bluefin tuna may be sold or

transferred to any person for a

commercial purpose except for

taxidermic purposes.

* * * * *

14. Section 285.26 is revised to read

as follows:

§ 285.26 Size classes.

Total curved fork length will be the

sole criterion for determining the size

class of whole (head on) Atlantic bluefin

tuna. For this purpose, all

measurements must be taken in a line

tracing the contour of the body along the

middle of the lateral surface from the tip

of the snout to the fork of the tail. For

any Atlantic bluefin tuna found with the

head removed, it is deemed, for

purposes of this subpart, that the tuna,

when caught, fell into a size class in

accordance with the following formula:

Total curved fork length equals pectoral

fin curved fork length multiplied by a

factor of 1.35. The pectoral fin curved

fork length will be the sole criterion for

determining the size class of a beheaded

Atlantic bluefin tuna. For this purpose,

all measurements must be taken in a

line tracing the contour of the body

along the middle of the lateral surface

from the dorsal insertion of the pectoral

fin of the beheaded fish to the fork of

the tail (see Figure 1). Atlantic bluefin

tuna are deemed to fall into a size class

according to the following table;

approximate round weights are given for

illustrative purposes only.

Size category Total curved fork length Pectoral fin curved fork

length Approx. round weight

Young School .............................................................. Less than 27 inches ...........

Less than 69 cm .................

Less than 20 inches ...........

Less than 51 cm .................

Less than 14 lb.

less than 6.4 kg.

School .......................................................................... 27 to <47 inches .................

69 to <119 cm ....................

20 to <35 inches .................

51 to <89 cm ......................

14 to <66 lb.

6.4 to <30 kg.

Large School ................................................................ 47 to <59 inches .................

119 to <150 cm ..................

35 to <44 inches .................

89 to <112 cm ....................

66 to <135 lb.

30 to <61 kg.

Small Medium .............................................................. 59 to <73 inches .................

150 to <185 cm ..................

44 to <54 inches .................

112 to <137 cm ..................

135 to <235 lb.

61 to <107 kg.

Large Medium .............................................................. 73 to <81 inches .................

185 to <206 cm ..................

54 to <60 inches .................

137 to <152 cm ..................

235 to <310 lb.

107 to <141 kg.

Giant ............................................................................ 81 inches or greater ...........

206 cm or greater ...............

60 inches or greater ...........

152 cm or greater ...............

310 lb or greater.

141 kg or greater.

15. In § 285.29, paragraphs (a) and

(b)(1) are revised to read as follows:

§ 285.29 Dealer recordkeeping and

reporting.

* * * * *

(a) Must submit to the Regional

Director via both electronic facsimile

(FAX) and the U.S. postal system a daily

report on a reporting card provided by

NMFS, within 24 hours of the purchase

or receipt of each Atlantic bluefin tuna

from the person or vessel that harvested

the fish. A FAX of said card must be

received at the NMFS NE Regional

Office (FAX 508–281–9340) within 24

hours of the purchase or receipt of each

Atlantic bluefin tuna. Additionally, said

card must be postmarked and mailed at

the dealer’s expense within 24 hours of

the purchase or receipt of each Atlantic

bluefin tuna. At the offloading of the

fish, each reporting card must be signed

by the vessel permit holder or vessel

operator to verify the name of the vessel

that landed the fish and must show the

Atlantic bluefin tuna vessel permit

number and expiration date, tail tag

number affixed to the fish by the dealer

or assigned by an authorized officer, the

date landed, the port where landed, the

round and/or dressed weight (indicating

which weight(s) measured), the total or

pectoral fin curved fork length, gear

used, and area where the fish was

caught. The dealer purchasing or

receiving the Atlantic bluefin tuna must

inspect the vessel permit and verify that

the required permit information is

correctly recorded on the dealer landing

card.

(b) * * *

(1) Said report must be postmarked

and mailed, at the dealer’s expense,

within 10 days after the end of each 2-

week reporting period in which Atlantic

bluefin tuna were purchased, received,

or imported. The biweekly reporting

periods are defined as the first day

through the 14th day of each month and

the 15th day through the last day of the

month. Each report must specify

accurately and completely for each tuna

purchased or received: Date of landing

or import, vessel Atlantic Bluefin Tuna

permit number (if applicable), tail tag

number, weight in pounds or kilograms

(specify if round or dressed), nature of

the sale (dockside or consignment),

price per pound or kilogram (round or

dressed weight), and destination of the

fish (domestic or export). In addition,

dealers may indicate the quality rating

of their bluefin tuna: (A, B, or C) for four

attributes (freshness, fat, color, and

shape).

* * * * *

16. Section 285.30 is revised to read

as follows:

§ 285.30 Tags.

(a) Issuance of tags. The Regional

Director will issue numbered tail tags to

each person receiving a dealer’s permit

under § 285.28.

(b) Transfer of tags. Tail tags issued

under this section are not transferable

and are usable only by the permitted

dealer to whom they are issued.

(c) Affixing tags. (1) A dealer or agent

must affix a tail tag to each Atlantic

bluefin tuna purchased or received,

immediately upon its offloading from a

vessel. The tail tag must be affixed to

the tuna between the fifth dorsal finlet

and the keel.

(2) Any person who catches a large

medium or giant Atlantic bluefin tuna

and does not transfer it to a permitted

dealer must contact the nearest NMFS

enforcement office at the time of landing

said Atlantic bluefin tuna and make the

tuna available so that a NMFS

enforcement agent may inspect the fish

and attach a tail tag to it. A list of local

NMFS enforcement offices can be

obtained by contacting regional offices

in Gloucester, MA (508–281–9261) and

St. Petersburg, FL (813–570–5344). The

Regional Director may designate a

person other than a NMFS agent to
14388 Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations

inspect and tag the fish. Such

designation will be made in writing.

(d) Removal of tags. A tag affixed to

any Atlantic bluefin tuna under

paragraph (c)(1) of this section or under

§ 285.202(a)(6)(v) must remain on the

tuna until the tuna is cut into portions.

If the tuna or tuna parts subsequently

are packaged for transport for domestic

commercial use or for export, the tag

number must be written legibly and

indelibly on the outside of any package

or container. Tag numbers must be

recorded on any document

accompanying shipment of bluefin tuna

for commercial use or export.

(e) Reuse of tags. Tags issued under

this section are separately numbered

and may be used only once, one tail tag

per fish, to distinguish the purchase of

one Atlantic bluefin tuna. Once affixed

to a tuna or recorded on any package,

container or report, a tail tag and

associated number may not be reused.

17. In § 285.31, the word ‘‘tranfer’’ in

paragraph (a)(14) is revised to read

‘‘transfer’’; the periods at the end of

paragraphs (a)(10), (a)(29), and (a)(32)

are replaced with semicolons; and

paragraphs (a)(18), (a)(19), (a)(31),

(a)(36) and (a)(37) are revised to read as

follows:

§ 285.31 Prohibitions.

(a) * * *

(18) Fail to inspect any vessel’s permit

or fail to affix immediately to any large

medium or giant Atlantic bluefin tuna,

between the fifth dorsal finlet and the

keel, an individually numbered tail tag

when the tuna has been received for a

commercial purpose or purchased by

that dealer from any person or vessel

having caught such tuna;

(19) Remove any tag affixed to an

Atlantic bluefin tuna under

§ 285.30(c)(1) or under

§ 285.202(a)(6)(v), before removal is

allowed under § 285.30(d), or fail to

write the tag number on the shipping

package or container as prescribed by

that section;

* * * * *

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

land Atlantic bluefin tuna with a gear

type or in a manner other than specified

in §§ 285.22, 285.23, and 285.25, or

other than authorized under an

experimental fishing exemption issued

pursuant to the requirements of § 285.7;

* * * * *

(36) Reuse any tail tag previously

affixed to an Atlantic bluefin tuna under

§ 285.30 or reuse any tail tag number

previously written on a shipping

package or container as prescribed by

that section; or

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

land any Atlantic bluefin tuna less than

185 cm (73 inches) total curved fork

length from a vessel other than one

issued an Angling Category permit

under § 285.21, or a Purse Seine

category permit and operating under

§ 285.23(e).

18. A new subpart F is added to part

285 to read as follows:

Subpart F—Bluefin Tuna Statistical

Documentation

285.200 Species subject to documentation

requirements.

285.201 Documentation requirements.

285.202 Contents of documentation.

285.203 Validation requirements.

285.204 Ports of entry.

285.205 Prohibitions.

Subpart F—Bluefin Tuna Statistical

Documentation

§ 285.200 Species subject to

documentation requirements.

Imports into the United States and

exports or re-exports from the United

States of all bluefin tuna or bluefin tuna

products regardless of ocean area of

catch are subject to the documentation

requirements of this subpart.

(a) Documentation is required for

bluefin tuna identified by the following

item numbers from the Harmonized

Tariff Schedule:

(1) Fresh or chilled bluefin tuna,

excluding fillets and other fish meat,

No. 0302.39.00.20.

(2) Frozen bluefin tuna, excluding

fillets, No. 0303.49.00.20.

(b) In addition, bluefin tuna products

in other forms (e.g., chunks, fillets,

canned) listed under any other item

numbers from the Harmonized Tariff

Schedule are subject to the

documentation requirements of this

subpart, except that fish parts other than

meat (i.e., heads, eyes, roe, guts, tails)

may be allowed entry without said

statistical documentation.

§ 285.201 Documentation requirements.

(a) Bluefin imports. (1) Imports of all

bluefin tuna products into the United

States must be accompanied at the time

of entry by an original completed

approved Bluefin Tuna Statistical

Document with the information and

exporter’s certification specified in

§ 285.202(a)(1) through (7). Such

information must be validated as

specified in § 285.202(a)(8) by a

responsible government official of the

country whose flag vessel caught the

tuna (regardless of where the fish are

first landed), unless the Assistant

Administrator has waived validation

requirements for the country pursuant

to § 285.203.

(2) Bluefin tuna imported into the

United States from a country requiring

a tag on all such tuna available for sale

must be accompanied by the

appropriate tag issued by that country,

and said tag must remain on any tuna

until it reaches its final import

destination. If the final import

destination is the United States, the tag

must remain on the tuna until it is cut

into portions. If the tuna portions are

subsequently packaged for domestic

commercial use or export, the tag

number and the issuing country must be

written legibly and indelibly on the

outside of the package.

(3) Dealers selling bluefin tuna that

was previously imported into the

United States for domestic commercial

use must provide on the original Bluefin

Tuna Statistical Document that

accompanied the import shipment the

correct information and importer’s

certification specified in § 285.202(a)(9).

The original of the completed Bluefin

Tuna Statistical Document must be

postmarked and mailed by said dealer to

the Regional Director within 24 hours of

the time the tuna was imported into the

United States.

(b) Bluefin exports. (1) Dealers

exporting bluefin tuna that was

harvested by U.S. vessels and first

landed in the United States must

complete an original numbered Bluefin

Tuna Statistical Document issued to that

dealer by the Regional Director. Such an

individually numbered document is not

transferable or reusable and may be

used only once by the dealer to which

it was issued to report on a specific

export shipment. Dealers must provide

on the Bluefin Tuna Statistical

Document the correct information and

exporter certification specified in

§ 285.202(a)(1) through (7). As required

under § 285.203, the Bluefin Tuna

Statistical Document must be validated

as specified in § 285.202(a)(8) by an

official of the U.S. Government or, if

authorized by NMFS, an official of an

accredited institution. A list of such

officials may be obtained by contacting

the Office of Fisheries Conservation and

Management, NMFS, Silver Spring, MD

(301–713–2347), or the nearest NMFS

Enforcement Office. A list of local

NMFS enforcement offices can be

obtained by contacting regional offices

in Gloucester, MA (508–281–9261), St.

Petersburg, FL (813–570–5344) and

Long Beach, CA (310–980–4050).

Dealers requesting government

validation for exports should notify

NMFS as soon as possible after arrival

of the vessel to avoid delays in

inspection and validation of the export

shipment.

(2) Dealers re-exporting bluefin tuna

that was previously imported into the

United States must provide on the
Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations 14389

original Bluefin Tuna Statistical

Document that accompanied the import

shipment the correct information and

intermediate importer’s certification

specified in § 285.202(a)(9).

(3) Dealers must submit the original of

the completed Bluefin Tuna Statistical

Document to accompany the shipment

of bluefin tuna to its export or re-export

destination. A copy of the Bluefin Tuna

Statistical Document completed as

specified under paragraph (b)(1) or (2) of

this section must be postmarked and

mailed by said dealer to the Regional

Director within 24 hours of the time the

tuna was exported or re-exported from

the United States.

(c) Recordkeeping. Dealers must

retain at their principal place of

business a copy of each Bluefin Tuna

Statistical Document required to be

submitted to the Regional Director

pursuant to this section for a period of

2 years from the date on which it was

submitted to the Regional Director.

§ 285.202 Contents of documentation.

(a) A Bluefin Tuna Statistical

Document, to be deemed complete,

must:

(1) Have a document number assigned

as prescribed by the country issuing the

document;

(2) State the name of the country

issuing the document, which is the

country whose flag vessel harvested the

bluefin tuna, regardless of where the

tuna is first landed;

(3) State the name of the vessel that

caught the fish and the vessel’s

registration number, if applicable;

(4) State the name of the owner of the

trap that caught the fish, if applicable;

(5) State the point of export, which is

the city, state or province, and country

from which the bluefin tuna is first

exported;

(6) State the following specified

information about the shipment:

(i) The product type (fresh or frozen)

and product form (round, gilled and

gutted, dressed, fillet or other);

(ii) The method of fishing used to

harvest the fish (purse seine, trap, rod

and reel, etc.);

(iii) The ocean area from which the

fish was harvested (western Atlantic,

eastern Atlantic, Mediterranean, or

Pacific);

(iv) The weight of each fish (in

kilograms for the same product form

previously specified);

(v) The identifying tag number, if

landed by vessels from countries with

tagging programs;

(7) State the name and license number

of, and be signed and dated in the

exporter’s certification block by, the

exporter;

(8) If applicable, state the name and

title of, and be signed and dated in the

validation block by, a responsible

government official of the country

whose flag vessel caught the tuna

(regardless of where the tuna are first

landed) or by an official of an institution

accredited by said government, with

official government or accredited

institution seal affixed, thus validating

the information on the Bluefin Tuna

Statistical Document; and

(9) As applicable, state the name(s)

and address(es), including the name of

the city and state or province of import,

and the name(s) of the intermediate

country(ies) or the name of the country

of final destination, and license

number(s) of, and be signed and dated

in the importer’s certification block by,

each intermediate and the final

importer.

(b) An approved Bluefin Tuna

Statistical Document may be obtained

from the Regional Director to

accompany exports of bluefin tuna from

the United States. Bluefin tuna dealers

in countries that do not provide an

approved Bluefin Tuna Statistical

Document to exporters may obtain an

approved Bluefin Tuna Statistical

Document from the Regional Director to

accompany exports to the United States.

(c) Dealers from a country exporting

bluefin tuna to the United States may

use the approved Bluefin Tuna

Statistical Document obtainable from

the Regional Director or documents

developed by the dealer’s country, if

that country submits a copy, through the

ICCAT Executive Secretariat, to the

Assistant Administrator, and the

Assistant Administrator concurs with

the ICCAT Secretariat’s determination

that the document meets the

information requirements of the ICCAT

recommendation. In such case, the

Assistant Administrator shall provide a

list of countries for which Bluefin Tuna

Statistical Documents are approved,

together with examples of such

documents to the appropriate official of

the U.S. Customs Service. Effective

upon the date indicated in such notice

to the U.S. Customs Service, shipments

of bluefin tuna or bluefin tuna products

offered for importation from said

country(ies) may be accompanied by

either that country’s approved Bluefin

Tuna Statistical Document or by the

Bluefin Tuna Statistical Document

provided to the foreign country exporter

by the Regional Director.

§ 285.203 Validation requirements.

(a) Imports. The approved Bluefin

Tuna Statistical Document

accompanying any import of bluefin

tuna, whether or not the issuing country

is a member of ICCAT, must be

validated by a government official from

the issuing country, unless the Assistant

Administrator waives the government

validation requirement for that country

following a recommendation to do so by

the Executive Secretary of ICCAT. The

Assistant Administrator shall furnish a

list of countries for which government

validation requirements are waived to

the appropriate official of the U.S.

Customs Service. Said list shall indicate

the circumstances of exemption for each

issuing country and the non-government

institutions, if any, accredited to

validate Bluefin Statistical Documents

for that country.

(b) Exports. The approved Bluefin

Tuna Statistical Document

accompanying any export of bluefin

tuna from the United States must be

validated by a U.S. government official,

except under circumstances of waiver, if

any, specified on the form and

accompanying instructions, or in a letter

to permitted dealers from the Regional

Director. Such circumstances of waiver

of government validation shall be

consistent with ICCAT

recommendations concerning validation

of Bluefin Tuna Statistical Documents.

If authorized, such waiver of

government validation may include:

(1) Exemptions from government

validation for fish with individual tags

affixed pursuant to § 280.52 or § 285.30

of this chapter, or;

(2) Validation by non-government

officials authorized to do so by the

Regional Director under paragraph (c) of

this section.

(c) Authorization for non-government

validation. Institutions, or associations

seeking authorization to validate Bluefin

Tuna Statistical Documents

accompanying exports from the United

States, must apply in writing to the

Regional Director. A letter of application

must indicate the procedures to be used

for verification of information to be

validated, must list the names,

addresses, and telephone/fax numbers

of individuals to perform validation,

and must provide an example of the

stamp or seal to be applied to the

Bluefin Tuna Statistical Document.

Upon finding the institution or

association capable of verifying the

information required on the Bluefin

Tuna Statistical Document, the Regional

Director will issue, within 30 days, a

letter specifying the duration of

effectiveness and conditions of

authority to validate Bluefin Tuna

Statistical Documents accompanying

exports from the United States. The

effectiveness of such authorization will

be delayed as necessary for the Assistant

Administrator to notify the ICCAT
14390 Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations

Secretariat of non-government

institutions and associations authorized

to validate Bluefin Tuna Statistical

Documents.

§ 285.204 Ports of entry.

The Assistant Administrator shall

monitor the importation of bluefin tuna

into the United States. If the Assistant

Administrator determines that the

diversity of handling practices at certain

ports at which bluefin tuna is being

imported into the United States allow

for circumvention of the Bluefin Tuna

Statistical Document requirement, he/

she may designate, after consultation

with the U.S. Customs Service, those

ports at which Pacific or Atlantic

bluefin tuna may be imported into the

United States. The Assistant

Administrator shall announce in the

Federal Register the names of ports so

designated and the effective dates of

entry restrictions.

§ 285.205 Prohibitions.

It is unlawful for any person to do any

of the following:

(a) Import or attempt to import any

bluefin tuna into the United States

without an accompanying original form

of an approved Bluefin Tuna Statistical

Document correctly completed with the

appropriate certification and

government validation.

(b) Import any bluefin tuna into the

United States from a country that

requires all such tuna to be tagged,

without said tag accompanying the

bluefin tuna.

(c) Remove a tag from any bluefin

tuna imported into the United States

accompanied by a tag, prior to its being

cut into portions for a destination in the

United States or for export.

(d) Fail to write legibly and indelibly

the tag number and the issuing country

on the outside of any package

containing a part or parts of a bluefin

tuna that was imported into the United

States accompanied by said tag.

(e) Export or re-export from the

United States any bluefin tuna without

an accompanying original approved

Bluefin Tuna Statistical Document

correctly completed with the

appropriate certification and, if

applicable, validated by a designated

official of the United States government

or an official of an institution

authorized by the Regional Director

pursuant to § 285.203(c) to validate such

documents.

(f) Fail to provide in a timely manner

any originals or copies of Bluefin Tuna

Statistical Documents required to be

submitted to the Regional Director

pursuant to § 285.201.

(g) Write false information on or

modify any information previously

written on any Bluefin Tuna Statistical

Document required by this subpart or to

validate such document if not

authorized to do so by the Regional

Director.

(h) Fail to maintain copies of

completed Bluefin Tuna Statistical

Documents as required under § 285.201.

(i) Import any bluefin tuna in a

manner inconsistent with any ports of

entry designated by the Assistant

Administrator pursuant to § 285.204.

(j) Reuse, or transfer to another dealer,

any numbered Bluefin Tuna Statistical

Document issued to a dealer under this

subpart.

[FR Doc. 95–6454 Filed 3–16–95; 8:45 am]

BILLING CODE 3510–22–P

50 CFR Part 672

[Docket No. 950206041–5041–01; I.D.

031095E]

Groundfish of the Gulf of Alaska;

Pacific Cod in the Central Regulatory

Area

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing the directed

fishery for Pacific cod by vessels

catching Pacific cod for processing by

the offshore component in the Central

Regulatory Area of the Gulf of Alaska

(GOA). This action is necessary to

prevent exceeding the allocation of

Pacific cod for the offshore component

in this area.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), March 13, 1995, until 12

midnight, A.l.t., December 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Andrew N. Smoker, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the Magnuson

Fishery Conservation and Management

Act. Fishing by U.S. vessels is governed

by regulations implementing the FMP at

50 CFR parts 620 and 672.

In accordance with

§ 672.20(c)(1)(ii)(B), the allocation of

Pacific cod for the offshore component

in the Central Regulatory Area was

established by the final groundfish

specifications (60 FR 8470, February 14,

1995), as 4,565 metric tons (mt).

The Director, Alaska Region, NMFS

(Regional Director), has determined, in

accordance with § 672.20(c)(2)(ii), that

the allocation of Pacific cod total

allowable catch for the offshore

component in the Central Regulatory

Area soon will be reached. The Regional

Director established a directed fishing

allowance of 3,565 mt, with

consideration that 1,000 mt will be

taken as incidental catch in directed

fishing for other species in the Central

Regulatory Area. The Regional Director

has determined that the directed fishing

allowance has been reached.

Consequently, NMFS is prohibiting

directed fishing for Pacific cod by

operators of vessels catching Pacific cod

for processing by the offshore

component in the Central Regulatory

Area.

Directed fishing standards for

applicable gear types may be found in

the regulations at § 672.20(g).

Classification

This action is taken under 50 CFR

672.20 and is exempt from review under

E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: March 13, 1995.

David S. Crestin,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–6549 Filed 3–13–95; 4:33 pm]

BILLING CODE 3510–22–F

50 CFR Part 675

[Docket No. 950206040–5040–01; I.D.

031095F]

Groundfish of the Bering Sea and

Aleutian Islands Area; Offshore

Component Pollock in the Aleutian

Islands Subarea

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for pollock by vessels catching

pollock for processing by the offshore

component in the Aleutian Islands

subarea (AI) of the Bering Sea and

Aleutian Islands management area

(BSAI). This action is necessary to

prevent exceeding the ‘‘A’’ season

allowance of pollock for the offshore

component in the Aleutian Islands

subarea.