[Federal Register Volume 60, Number 52 (Friday, March 17, 1995)]
[Rules and Regulations]
[Pages 14381-14390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6454]



=======================================================================
-----------------------------------------------------------------------

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.

[[Page 14382]] 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 re-export 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. [[Page 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 non-government 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 non-government 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 [[Page 14384]] 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 Sec. 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 Sec. 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 
Sec. 280.52, Sec. 280.53(f), Sec. 285.30(e), and Sec. 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 non-metallic 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 re-export 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:


Sec. 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 Sec. 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 [[Page 14385]] ``Atlantic bluefin tuna'', 
``Bluefin tuna'', ``IATTC'', ``ICCAT'', ``Pacific bluefin tuna'', 
``Regional Director'', and ``Tag'' are added in alphabetical order to 
read as follows:


Sec. 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 Sec. 280.52 or Sec. 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 Secs. 280.10 and 
280.11, respectively, and are transferred to subpart B.
    8. Newly redesignated Sec. 280.10 is revised to read as follows:


Sec. 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)


Sec. 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.


Sec. 280.51  Dealer recordkeeping and reporting.

    Any person issued a dealer permit under Sec. 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 [[Page 14386]] 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.


Sec. 280.52  Tags.

    (a) Issuance of tags. The Regional Director will issue numbered 
tags to each person receiving a dealer's permit under Sec. 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 
Sec. 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 Sec. 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 Sec. 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.


Sec. 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.


Sec. 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 Sec. 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 Sec. 285.202(a)(6)(v) of this 
chapter, before removal is allowed under Sec. 280.52, or fail to write 
the tag number on the shipping package or container as specified in 
Sec. 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 Sec. 285.202(a)(6)(v) of this 
chapter or reuse any tag number previously written on a shipping 
package or container as prescribed by Sec. 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 Sec. 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:


Sec. 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 Sec. 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 Sec. 285.30.
* * * * *
    13. In Sec. 285.23, paragraph (d) is revised to read as follows: 
[[Page 14387]] 


Sec. 285.23  Incidental catch.

* * * * *
    (d) Rod and reel. Subject to the quotas in Sec. 285.22, any person 
operating a vessel issued a permit for the Angling category and 
possessing an Incidental Catch permit issued under Sec. 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:


Sec. 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 20 inches..............  Less than 14 lb.                 
                                                 Less than 69 cm..................  Less than 51 cm..................  less than 6.4 kg.                
School.........................................  27 to <47 inches.................  20 to <35 inches.................  14 to <66 lb.                    
                                                 69 to <119 cm....................  51 to <89 cm.....................  6.4 to <30 kg.                   
Large School...................................  47 to <59 inches.................  35 to <44 inches.................  66 to <135 lb.                   
                                                 119 to <150 cm...................  89 to <112 cm....................  30 to <61 kg.                    
Small Medium...................................  59 to <73 inches.................  44 to <54 inches.................  135 to <235 lb.                  
                                                 150 to <185 cm...................  112 to <137 cm...................  61 to <107 kg.                   
Large Medium...................................  73 to <81 inches.................  54 to <60 inches.................  235 to <310 lb.                  
                                                 185 to <206 cm...................  137 to <152 cm...................  107 to <141 kg.                  
Giant..........................................  81 inches or greater.............  60 inches or greater.............  310 lb or greater.               
                                                 206 cm or greater................  152 cm or greater................  141 kg or greater.               
--------------------------------------------------------------------------------------------------------------------------------------------------------

    15. In Sec. 285.29, paragraphs (a) and (b)(1) are revised to read 
as follows:


Sec. 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:


Sec. 285.30  Tags.

    (a) Issuance of tags. The Regional Director will issue numbered 
tail tags to each person receiving a dealer's permit under Sec. 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 
[[Page 14388]] 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 Sec. 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 Sec. 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:


Sec. 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 
Sec. 285.30(c)(1) or under Sec. 285.202(a)(6)(v), before removal is 
allowed under Sec. 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 Secs. 285.22, 
285.23, and 285.25, or other than authorized under an experimental 
fishing exemption issued pursuant to the requirements of Sec. 285.7;
* * * * *
    (36) Reuse any tail tag previously affixed to an Atlantic bluefin 
tuna under Sec. 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 
Sec. 285.21, or a Purse Seine category permit and operating under 
Sec. 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


Sec. 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.


Sec. 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 
Sec. 285.202(a)(1) through (7). Such information must be validated as 
specified in Sec. 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 Sec. 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 Sec. 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 
Sec. 285.202(a)(1) through (7). As required under Sec. 285.203, the 
Bluefin Tuna Statistical Document must be validated as specified in 
Sec. 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 [[Page 14389]] original 
Bluefin Tuna Statistical Document that accompanied the import shipment 
the correct information and intermediate importer's certification 
specified in Sec. 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.


Sec. 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.


Sec. 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 Sec. 280.52 or Sec. 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 
[[Page 14390]] Secretariat of non-government institutions and 
associations authorized to validate Bluefin Tuna Statistical Documents.


Sec. 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.


Sec. 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 Sec. 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 Sec. 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 Sec. 285.201.
    (i) Import any bluefin tuna in a manner inconsistent with any ports 
of entry designated by the Assistant Administrator pursuant to 
Sec. 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