[Federal Register Volume 61, Number 107 (Monday, June 3, 1996)]
[Rules and Regulations]
[Pages 27793-27795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13743]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 216 and 247

[Docket No. 960516135-6135-01; I.D. 051096A]
RIN 0648-AF08


Taking and Importing of Marine Mammals; Dolphin Safe Tuna 
Labeling; Regulation Consolidation

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: This rule consolidates existing regulations regarding dolphin 
safe tuna labeling and corrects an address in the regulations. This 
action is part of the President's regulatory reform initiative.

EFFECTIVE DATE: June 3, 1996.

FOR FURTHER INFORMATION CONTACT: Wanda L. Cain, Office of Protected 
Resources, NMFS, 301-713-2055.

SUPPLEMENTARY INFORMATION:
    On September 19, 1991 (56 FR 47424), NMFS published an interim 
final rule implementing dolphin safe tuna labeling requirements of the 
Dolphin Protection Consumer Information Act, 16 U.S.C. 1385. To 
consolidate regulations under the President's regulatory reform 
initiative, NMFS is recodifying regulations governing the requirements 
for the dolphin safe labeling of tuna as subpart H of part 216. In 
addition, a new paragraph is added to Sec. 216.24 to reference subpart 
H in order to make importers aware of dolphin safe tuna labeling 
requirements.
    In this rule, NMFS also removes the address of the Director, 
Southwest Region, from the footnote to Sec. 261.24 (e)(3)(iii).

Classification

    This rule has been determined to be not significant for purposes of 
E.O. 12866.
    The Assistant Administrator for Fisheries, NOAA, under 5 U.S.C. 
553(b)(B) and (d)(3), for good cause finds that because this rule makes 
only nonsubstantive changes to existing regulations that were issued 
pursuant to notice-and-comment procedures, it is not necessary to 
provide advance notice and opportunity for public comment or to delay 
its effectiveness for 30 days.

List of Subjects

50 CFR Part 216

    Administrative practice and procedure, Exports, Imports, Indians, 
Marine mammals, Penalties, Reporting and recordkeeping requirements, 
Transportation.

50 CFR Part 247

    Exports, Fish, Labeling, Marine mammals, Penalties, Reporting and 
recordkeeping requirements, Seafood.

Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR parts 216 and, 
under authority of 16 U.S.C. 1385 et seq., 247 are amended as follows:

[[Page 27794]]

PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE 
MAMMALS

    1. The authority citation for part 216 continues to read as 
follows:

    Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.

    2. In Sec. 216.3, the definition for ``Assistant Administrator'' is 
revised, the definition of ``Regional Director'' is removed, and 
definitions for ``Fisheries Certificate of Origin'', ``Label'', 
``Director, Southwest Region'', and ``Tuna product'' are added 
alphabetically to read as follows:


Sec. 216.3  Definitions.

* * * * *
    Assistant Administrator means the Assistant Administrator for 
Fisheries, National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Silver Spring, MD 20910, or his/her 
designee.
* * * * *
    Director, Southwest Region means the Director, Southwest Region, 
NMFS, 501 W. Ocean Blvd., Long Beach, CA 90802, or his/her designee.
* * * * *
    Fisheries Certificate of Origin means NOAA Form 370, as described 
in 50 CFR 216.24(e)(3)(iii).
* * * * *
    Label means a display of written, printed, or graphic matter on or 
affixed to the immediate container of any article.
* * * * *
    Tuna product means any food product processed for retail sale and 
intended for human or animal consumption that contains an item listed 
in Sec. 216.24(e)(2)(i) or (ii), but does not include perishable items 
with a shelf life of less than 3 days.
* * * * *
    3. In Sec. 216.24, the terms ``NMFS Southwest Regional Director'', 
``Regional Director'', ``Regional Director of the Southwest Region'', 
``Regional Director, National Marine Fisheries Service'', ``Regional 
Director, Southwest Region'', ``Regional Director, Southwest Region, 
NMFS'', and ``Southwest Regional Director'' are removed and the words 
``Director, Southwest Region'' are added in its place, each place it 
occurs.
    4. In Sec. 216.24(e)(3)(i), paragraph (E) is added to read as 
follows:


Sec. 216.24  Taking and related acts incidental to commercial fishing 
operations.

* * * * *
    (e) * * *
    (3) * * *
    (i) * * *
    (E) Tuna or tuna products sold in or exported from the United 
States that suggest the tuna was harvested in a manner not injurious to 
dolphins are subject to the requirements of subpart H.
* * * * *
    5. In Sec. 216.24(e)(3)(iii), the footnote is revised to read as 
follows:
    <SUP>1 Copies of the form are available from the Director, 
Southwest Region (see Sec. 216.3).
    6. Subpart H is added to read as follows:

SUBPART H--DOLPHIN SAFE TUNA LABELING

Sec.
216.90  Purpose.
216.91  Labeling requirements.
216.92  Purse seine vessels greater than 400 short tons (362.8 
metric tons).
216.93  Submission of documentation.
216.94  Requests to review documents.
216.95  False statements or endorsements.


    Authority: 16 U.S.C. 1385.


Sec. 216.90  Purpose.

    This subpart governs the requirements for labeling of tuna or tuna 
products sold in or exported from the United States that suggest the 
tuna was harvested in a manner not injurious to dolphins.


Sec. 216.91  Labeling requirements.

    It is a violation of section 5 of the Federal Trade Commission Act 
(15 U.S.C. 45) for any person subject to U.S. jurisdiction, including 
any producer, exporter, importer, distributor, or seller of any tuna 
product exported from the United States or offered for sale in the 
United States to include on the label of that product the term 
``dolphin safe'' or any other term, phrase, or symbol that claims or 
suggests that the tuna contained in the product was harvested using a 
fishing method that is not harmful to dolphins, if the product:
    (a) Contains tuna harvested with a large-scale driftnet; or
    (b) Contains tuna harvested in the ETP by a purse seine vessel 400 
short tons (362.8 metric tons) carrying capacity or greater and is 
labeled in a manner that violates the standards set forth in 
Sec. 216.92 or Sec. 216.93.


Sec. 216.92  Purse seine vessels greater than 400 short tons (362.8 
metric tons).

    For purposes of Sec. 216.91(b), any tuna product containing tuna 
that were harvested in the ETP by a purse seine vessel 400 short tons 
(362.8 metric tons) carrying capacity or greater, must be accompanied 
by:
    (a) A completed Fisheries Certificate of Origin;
    (b) A written statement by the captain of each vessel that 
harvested the tuna, certifying that the vessel did not intentionally 
deploy a purse seine net on or to encircle dolphins at any time during 
the trip;
    (c) A written statement certifying that an observer, employed by or 
working under contract with the Inter-American Tropical Tuna Commission 
or the Secretary, was on board the vessel during the entire trip and 
that the vessel did not intentionally deploy a purse seine net on or to 
encircle dolphin at any time during the trip. The statement must be 
signed by either:
    (1) The Secretary; or
    (2) A representative of the Inter-American Tropical Tuna 
Commission; and
    (d) An endorsement on the Fisheries Certificate of Origin by each 
exporter, importer, and processor certifying that, to the best of his 
or her knowledge and belief, the Fisheries Certificate of Origin and 
attached documentation, accurately describe the tuna products.


Sec. 216.93  Submission of documentation.

    The documents required by Sec. 216.92 must accompany the tuna 
product whenever it is offered for sale or export, except that these 
documents need not accompany the product when offered for sale if:
    (a) The documents do not require further endorsement by any 
importer or processor, and are submitted to officials of the U.S. 
Customs Service at the time of import; or
    (b) The documents are endorsed as required by Sec. 216.92(d) and 
delivered to the Director, Southwest Region, or to the U.S. Customs 
Service at the time of exportation.


Sec. 216.94  Requests to review documents.

    At any time, the Assistant Administrator may request, in writing, 
any exporter, importer, processor, distributor, or seller of any tuna 
or tuna product labeled in a manner subject to the requirements of 
Sec. 216.91, to produce, within a specified time period, all 
documentary evidence concerning the origin of any product that is 
offered for sale as ``dolphin safe,'' including the original invoice.


Sec. 216.95  False statements or endorsements.

    Any person who knowingly and willfully makes a false statement or 
false endorsement required by Sec. 216.92 is liable for a civil penalty 
not to exceed $100,000, that may be assessed in an action brought in 
any appropriate District Court of the United States on behalf of the 
Secretary.

[[Page 27795]]

PART 247--DOLPHIN SAFE TUNA LABELING

    7. Under the authority of 16 U.S.C. 1385, part 247 is removed.
[FR Doc. 96-13743 Filed 5-31-96; 8:45 am]
BILLING CODE 3510-22-F