Antarctic Marine Living Resources; Use of Centralized-Vessel Monitoring System and Importation of Toothfish; Re-export and Export of Toothfish; Applications for Krill Fishing; Regulatory Framework for Annual Conservation Measures, 18110-18113 [2010-8134]
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Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations
(iii) Late spring and summer subsurface
water temperatures between 15 and 25 °C (59
and 78 °F), with natural diurnal and seasonal
variation.
Dated: April 2, 2010.
Sara Prigan,
Federal Register Liaison, U.S. Fish and
Wildlife Service.
[FR Doc. 2010–7951 Filed 4–8–10; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 0907141130–0112–02]
RIN 0648–AX80
Antarctic Marine Living Resources;
Use of Centralized-Vessel Monitoring
System and Importation of Toothfish;
Re-export and Export of Toothfish;
Applications for Krill Fishing;
Regulatory Framework for Annual
Conservation Measures
srobinson on DSKHWCL6B1PROD with RULES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS (on behalf of the
Secretary of Commerce) issues this final
rule to facilitate conservation and
management of Antarctic Marine Living
Resources (AMLR). The regulations:
further detail current U.S. requirements
to only allow importation and/or reexportation of frozen toothfish or
toothfish product with verifiable
documentation that the harvesting
vessel participated in the CentralizedVessel Monitoring System (C-VMS)
regardless of where the fish was
harvested; revise the NMFS catchdocumentation requirements for reexporting toothfish and add
requirements for exporting U.S.-caught
toothfish; require applicants for an
AMLR harvesting permit for krill to
apply to NMFS no later than June 1
preceding the harvesting season for
krill; and rescind the existing regulatory
framework for annual management
measures. The intent of the rule is to
further detail requirements for
importing and re-exporting toothfish, to
facilitate enforcement, to fulfill U.S.
obligations in the Commission on the
Conservation of Antarctic Marine Living
Resources (CCAMLR), and to simplify
the process for informing the public of
annual conservation measures.
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DATES: This final rule is effective May
10, 2010.
ADDRESSES: Alan Risenhoover, Director,
NMFS Office of Sustainable Fisheries,
Attn: CCAMLR Rulemaking, 1315 EastWest Highway, SSMC3, Silver Spring,
MD 20910.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to Alan Risenhoover
at the address specified above and also
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget (OMB),
Washington, DC 20503 (Attention:
NOAA Desk Officer) or e-mail to
DavidlRostker@ob.eop.gov, or fax to
(202) 395–7825.
This Federal Register document is
also accessible via the Internet at: https://
www.access.gpo.gov/su-docs/aces/
aces140.html.
FOR FURTHER INFORMATION CONTACT:
Robert Gorrell at 301–713–2341 or via email at robert.gorrell@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
published the proposed rule for this
action in the Federal Register on
November 27, 2009 (74 FR 62278), with
a public comment period through
December 28, 2009. NMFS received
only one comment and it was outside
the scope of the rulemaking. Because no
substantive comments on the proposed
rule were received and because no new
information dictates otherwise, no
changes have been made to the
regulatory text published in the
proposed rule.
Background
U.S. participation in Antarctic
fisheries, and in the trade of species
managed by the Commission for the
Conservation of Antarctic Marine Living
Resources (CCAMLR), is managed under
the authority of the Antarctic Marine
Living Resources Convention Act of
1984 (Act) codified at 16 U.S.C. 2431 et
seq. NMFS implements conservation
measures developed by CCAMLR and
adopted by the United States, through
regulations at 50 CFR part 300, subpart
G. Changes to the existing regulations
are necessary to facilitate compliance, to
incorporate new conservation measures,
to facilitate enforcement of new and
existing conservation measures, and to
simplify the process for informing the
public of annual conservation measures.
This final rule further details current
U.S. requirements to only allow
importation and/or re-exportation of
frozen toothfish or toothfish product
with verifiable documentation that the
harvesting vessel participated in the
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Centralized-Vessel Monitoring System
(C-VMS) regardless of where the fish
was harvested. This final rule also
revises the NMFS catch-documentation
requirements for re-exporting toothfish
and adds requirements for exporting
U.S.-caught toothfish. In addition, this
final rule requires applicants for an
AMLR harvesting permit for krill to
apply to NMFS no later than June 1
preceding the harvesting season for
krill. Lastly, this final rule rescinds the
existing regulatory framework for
annual management measures. Some
discussion of these measures appears
below, but for a more detailed
discussion of these measures, please see
the preamble to the proposed rule
published on November 27, 2009 (74 FR
62278).
Importing and/or Re-exporting
Toothfish
This final rule does not change
current requirements for U.S. vessels
harvesting AMLR to use real-time
centralized VMS (or C-VMS) and for
dealers seeking preapproval to import
toothfish into the United States to
submit to NMFS verifiable
documentation of C-VMS use. NMFS
will use the information submitted by
dealers seeking to import frozen
Dissostichus spp. into the U.S. market to
verify that the harvesting vessel was
reporting its positions, via real-time
centralized VMS (or C-VMS), from the
time the vessel left port to the time that
the vessel returned to port and at all
points in between (i.e., port-to-port).
This final rule adds definitions for
‘‘Centralized Vessel Monitoring System
(C-VMS)’’, ‘‘port-to-port’’, and ‘‘real-time’’
and further details the U.S. requirement
that importation, re-exportation, and/or
exportation of frozen toothfish is
allowed only with verifiable
documentation that the harvesting
vessel participated in real-time C-VMS
port-to-port. Shipments of frozen
Dissostichus spp. are required to have
such verifiable documentation except
where the Dissostichus spp. being
shipped was harvested during a fishing
trip that began prior to September 24,
2007.
Also, the existing definition of ‘‘Vessel
Monitoring System (VMS)’’ is revised to
clarify that the VMS system that uses a
mobile transceiver unit on board
foreign-flagged vessels does not need to
be approved by NMFS. Similarly, the
heading for existing § 300.116
‘‘Requirements for a vessel monitoring
system’’ is revised to read
‘‘Requirements for a vessel monitoring
system for U.S. vessels’’.
This final rule revises the catchdocumentation requirements for re-
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exporting toothfish by clarifying that the
application for a Dissostichus species reexport document must identify: (1) the
container number for the shipment if
the shipment is to be re-exported by
vessel; (2) the flight number and airway
bill/bill of lading if the shipment is to
be re-exported by air; (3) the truck
registration number and nationality if
the shipment is to be re-exported by
ground transportation; or (4) the railway
transport number if the shipment is to
be re-exported by rail. This final rule
makes clear that the exporter would
receive an electronically-generated
Dissostichus species re-export
document.
This final rule also adds a new
paragraph § 300.107(c)(7) identifying
reporting and recordkeeping
requirements for exports of Dissostichus
species. These requirements are nearly
identical to requirements for re-exports
and pertain to U.S.-caught toothfish that
dealers want to export.
Classification
Krill Fishing
This final rule further details current U.S.
requirements to only allow importation and/
or re-exportation of frozen toothfish or
toothfish product with verifiable
documentation that the harvesting vessel
participated in the C-VMS regardless of
where the fish was harvested; revise the
NMFS catch-documentation requirements for
re-exporting toothfish and add requirements
for exporting U.S.-caught toothfish; require
applicants for an AMLR harvesting permit for
krill to apply to NMFS no later than June 1
preceding the harvesting season for krill; and
rescind the existing regulatory framework for
annual management measures.
During the past several years, there have
been 5 vessels (2 for toothfish, 2 for krill, and
1 for crab) and 80 dealers who could fall
within the scope of NMFS regulations to
implement CCAMLR conservation measures.
All U.S. vessels and U.S. dealers are
considered small entities under the ‘‘Small
Business Size Regulations’’ established by the
SBA under 13 CFR 121.201. However, the
only costs associated with this rulemaking
are for: (1) dealers providing mode-ofshipment information on applications for
toothfish re-export and export documents;
and (2) for applicants for krill harvesting
permits to provide information on the
products to be derived from krill catch. The
costs and time associated with these
requirements is de minimis. The C-VMS
aspects of the rule would not change current
practices and rescinding the framework for
annual measures would not impose any
economic impact on small business entities.
This final rule requires applicants for
an AMLR harvesting permit for krill to
submit an application to the Assistant
Administrator for Fisheries, NMFS, no
later than June 1 prior to the krill season
opening on December 1 of the same year
(see Harvesting Permits, § 300.112). In
addition to the information already
required of an applicant for an AMLR
harvesting permit, the applicant for a
permit to harvest krill is required by this
final rule to identify, to the extent
possible, the products to be derived
from the anticipated catch of krill.
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Framework for Annual Measures
This final rule rescinds the existing
regulatory framework for annual
management measures to ease the
administrative burden and cost of
publishing conservation measures that
are readily available on the CCAMLR
website at https://www.ccamlr.org. If the
United States should formally object to
any conservation measure adopted by
CCAMLR, notice of that objection will
be published in the Federal Register.
NMFS will publish in the Federal
Register any regulatory measure that it
believes is necessary to implement its
responsibilities under the Antarctic
Marine Living Resources Convention
Act of 1984 and may implement
conservation measures adopted by
CCAMLR either through the imposition
of permit conditions or through
rulemaking, as appropriate.
Changes From the Proposed Rule
There are no changes from the
proposed rule.
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The Antarctic Marine Living
Resources Convention Act of 1984
The Assistant Administrator for
Fisheries, NMFS, determined that this
final rule is consistent with the
Antarctic Marine Living Resources
Convention Act of 1984, codified at 16
U.S.C. 2431 et seq.
Executive Order 12866
The final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Regulatory Flexibility Act (RFA)
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
during the proposed rule stage that this
action would not have a significant
economic impact on a substantial
number of small entities. The factual
basis for this determination is as
follows:
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none has been prepared.
Paperwork Reduction Act (PRA)
This final rule contains two new
collection-of-information requirements
subject to review and approval by the
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18111
Office of Management and Budget
(OMB) under the PRA: providing modeof-shipment information on applications
for toothfish re-export documents; and
providing information, to the extent
possible, on the products to be derived
from krill catch on applications for krill
harvesting permits. These collection-ofinformation requirements have been
approved by OMB under OMB Control
Number 0648–0194 and these new
requirements are not expected to change
the currently approved burden under
OMB Control Number 0648–0194 of 294
hours.
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall any person be subject to a
penalty for failure to comply with, a
collection of information subject to the
PRA requirements unless that
information collection displays a
currently valid OMB control number.
List of Subjects in 50 CFR Part 300
Fisheries, Fishing, Fishing vessels,
Foreign relations, Reporting and
recordkeeping requirements, Statistics,
Treaties.
Dated: April 6, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 300, subpart G is
amended as follows:
■
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
Subpart G—Antarctic Marine Living
Resources
1. The authority citation for 50 CFR
part 300, subpart G, continues to read as
follows:
■
Authority: 16 U.S.C. 2431 et seq., 31 U.S.C.
9701 et seq.
2. In § 300.101, the definitions of
‘‘Centralized Vessel Monitoring System
(C-VMS)’’, ‘‘Port-to-port’’, and ‘‘Realtime’’ are added in alphabetical order,
and the definition of ‘‘Vessel Monitoring
System (VMS)’’ is revised, to read as
follows:
■
§ 300.101
Definitions.
*
*
*
*
*
Centralized Vessel Monitoring System
(C-VMS) means a system that uses
satellite-linked vessel monitoring
devices to allow for the reporting of
vessel positional data, either directly to
the CCAMLR Secretariat or to the
CCAMLR Secretariat through the
relevant Flag State.
*
*
*
*
*
Port-to-port means from the time the
vessel leaves port to the time that the
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Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations
vessel returns to port and at all points
in between.
Real-time means as soon as possible,
but at least every 4 hours with no more
than a 4–hour delay.
*
*
*
*
*
Vessel Monitoring System (VMS)
means a system that uses a mobile
transceiver unit on vessels that take
AMLR, and that allows a Flag State,
through the installation of satellitetracking devices on board its fishing
vessels, to receive automatic
transmission of positional and other
information, consistent with relevant
CCAMLR conservation measures.
■ 3. In § 300.107, paragraphs (a)(4),
(c)(5)(i) introductory text, (c)(5)(i)(A),
(c)(5)(iii), and (c)(6) are revised, and
new paragraph (c)(7) is added, to read
as follows:
§ 300.107 Reporting and recordkeeping
requirements.
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*
*
*
*
*
(a) * * *
(4) Install a NMFS approved VMS
unit on board U.S. vessels harvesting
AMLR for use in real-time C-VMS portto-port reporting to a NMFS-designated
land-based fisheries monitoring center
or centers. The requirements for the
installation and operation of the VMS
are set forth in § 300.116.
*
*
*
*
*
(c)* * *
(5)* * *
(i)In order to import frozen
Dissostichus species into the United
States, any dealer must:
(A) Submit a preapproval application
including the document number and
export reference number on the DCD
corresponding to the intended import
shipment and, if necessary, additional
information for NMFS to verify the use
of real-time C-VMS port-to-port
regardless of where the fish were
harvested; and receive preapproval from
NMFS.
*
*
*
*
*
(iii) Any dealer who imports fresh
Dissostichus species must complete a
report of each shipment and submit the
report to NMFS within 24 hours
following importation. Verification of
the use of real-time C-VMS port-to-port
is not required for imports of fresh
Dissostichus species.
*
*
*
*
*
(6) Re-export. (i) In order to re-export
Dissostichus species, any dealer must:
(A) Submit to NMFS a completed
paper-based NMFS application for a
Dissostichus re-export document that
includes the following information:
(1) The species, product type, and
amount from the original DCD(s) that is
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requested for export in the particular
export shipment;
(2) The number of the original DCD(s);
(3) The name and address of the
importer and point of import for the
original import into the United States,
or by submitting a copy of the
preapproval issued for the original
import;
(4) One of the following:
(i) The Container Number for the
shipment if shipment is to be reexported by vessel;
(ii) The Flight Number and Airway
Bill/Bill of Lading if shipment is to be
re-exported by air;
(iii) The Truck Registration Number
and Nationality if shipment is to be reexported by ground transportation; or
(iv) The Railway Transport Number if
shipment is to be re-exported by rail.
(5) The dealer/exporter’s name,
address, and AMLR permit number; and
(6) The dealer’s signature.
(B) Obtain validation by a responsible
official(s) designated by NMFS and
receive an electronically-generated
Dissostichus re-export document.
(ii) For frozen Dissostichus species,
re-export documents will be generated
upon verification of the use of real-time
C-VMS port-to-port except for
Dissostichus species harvested during
fishing trips that began prior to
September 24, 2007.
(iii) Dealers must include the original
validated Dissostichus re-export
document with the re-export shipment.
(iv) Any dealer who re-exports
Dissostichus species must retain a copy
of the re-export document at his/her
place of business for a period of 2 years
from the date on the DCD.
(7) Export. (i) In order to export U.S.harvested Dissostichus species, any
dealer must:
(A) Submit to NMFS a completed
paper-based NMFS application for a
Dissostichus export document that
includes the following information:
(1) The species, product type, and
amount from the original DCD(s) that is
requested for export in the particular
export shipment;
(2) The number of the original DCD(s);
(3) One of the following:
(i) The Container Number for the
shipment if shipment is to be exported
by vessel;
(ii) The Flight Number and Airway
Bill/Bill of Lading if shipment is to be
exported by air;
(iii) The Truck Registration Number
and Nationality if shipment is to be
exported by ground transportation; or
(iv) The Railway Transport Number if
shipment is to be exported by rail.
(4) The dealer/exporter’s name,
address, and AMLR permit number;
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(5) For frozen Dissostichus species,
verification of the use of real-time CVMS port-to-port except for
Dissostichus species harvested during
fishing trips that began prior to
September 24, 2007; and
(6) The dealer’s signature.
(B) Obtain validation by a responsible
official(s) designated by NMFS and
receive an electronically-generated
Dissostichus export document.
(ii) Dealers must include the original
validated Dissostichus export document
with the export shipment.
(iii) Any dealer who exports
Dissostichus species must retain a copy
of the export document at his/her place
of business for a period of 2 years from
the date on the DCD.
■ 4. Section 300.111 is removed and
reserved.
§ 300.111
[Amended]
5. In § 300.112 paragraph (c) is revised
to read as follows:
■
§ 300.112
Harvesting permits.
*
*
*
*
*
(c) Application. Application forms for
harvesting permits are available at
www.nmfs.noaa.gov.gpealforms.htm.
(1)A separate fully completed and
accurate application must be completed
and received by NMFS for each vessel
for which a harvesting permit is
requested.
(2) Applications for permits to harvest
species other than krill must be received
by NMFS at least 90 days before the date
anticipated for the beginning of
harvesting.
(3)Applications for a permit to harvest
krill must be received by NMFS no later
than June 1 immediately prior to the
season in which the harvesting would
occur. The applications must, to the
extent possible, identify the products to
be derived from the anticipated krill
catch.
*
*
*
*
*
■ 6. In § 300.114 paragraph (d) is
revised to read as follows:
§ 300.114
Dealer permits and preapproval.
*
*
*
*
*
(d) Issuance. NMFS may issue a
dealer permit or preapproval if it
determines that the activity proposed by
the dealer meets the requirements of the
Act and that the resources were not or
will not be harvested in violation of any
CCAMLR conservation measure or in
violation of any regulation in this
subpart. No preapproval will be issued
for Dissostichus species without
verifiable documentation, to include
VMS reports with vessel location and
messages, of the use of real-time C-VMS
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port-to-port by the vessel that harvested
such Dissostichus species, except for
Dissostichus species harvested during
fishing trips that began prior to
September 24, 2007.
*
*
*
*
*
■ 7. In § 300.116 the heading is revised
to read as follows:
§ 300.116 Requirements for a vessel
monitoring system for U.S. vessels.
*
*
*
*
*
8. In § 300.117 paragraph (bb)(9) is
revised and paragraphs (gg) and (hh) are
added to read as follows:
■
§ 300.117
Prohibitions.
*
*
*
*
*
(bb)* * *
(9) Fail to use real-time C-VMS portto-port on board U.S. vessels harvesting
AMLR in the Convention Area.
*
*
*
*
*
(gg) Harvest any AMLR in Convention
waters without a harvesting permit
required by this subpart.
(hh) Ship, transport, offer for sale,
sell, purchase, import, export, re-export
or have custody, control, or possession
of, any frozen Dissostichus species
without verifiable documentation of the
use of real-time C-VMS port-to-port by
the vessel that harvested such
Dissostichus species unless the
Dissostichus species was harvested
during a fishing trip that began prior to
September 24, 2007.
[FR Doc. 2010–8134 Filed 4–8–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0912081429–0114–02]
RIN 0648–XS55
srobinson on DSKHWCL6B1PROD with RULES
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; 2010 Sector Operations Plans
and Contracts, and Allocation of
Northeast Multispecies Annual Catch
Entitlements
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: This final rule implements 17
sector operations plans and contracts for
fishing year (FY) 2010. In order to be
considered for approval on a parallel
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17:01 Apr 08, 2010
Jkt 220001
track with Amendment 16 to the
Northeast (NE) Multispecies Fishery
Management Plan (FMP),
representatives from 17 sectors
submitted operations plans and sector
contracts, and requested an allocation of
stocks regulated under the FMP for FY
2010. NMFS received sector operations
plans and contracts from the Northeast
Fishery Sectors (NFS) II through XIII,
the Sustainable Harvest Sector (SHS),
the Tri-State Sector (TSS), the Northeast
Coastal Communities Sector (NCCS), the
Georges Bank Cod Fixed Gear Sector
(FGS), and the Port Clyde Community
Groundfish Sector (PCCGS).
Following approval of the
Amendment 16 sector measures and
provisions, the Administrator, NE
Region, NMFS (Regional Administrator)
has partially approved the operations
plans and contracts, and allocated an
annual catch entitlement (ACE) of
certain NE multispecies stocks to the
NFS II–XIII, the FGS, the SHS, the TSS,
the PCCGS, and the NCCS.
DATES: Effective May 1, 2010 through
April 30, 2011.
ADDRESSES: Copies of each sector’s final
operations plan, contract, and
environmental assessment (EA), and the
Final Regulatory Flexibility Analysis
(FRFA) are available from the NMFS
Northeast Regional Office: Patricia A.
Kurkul, Regional Administrator,
National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA
01930. These documents are also
accessible via the Federal eRulemaking
Portal: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
William Whitmore, Sector Policy
Analyst, phone (978) 281–9182, fax
(978) 281–9135.
SUPPLEMENTARY INFORMATION: A
proposed rule soliciting public
comment on 17 sector operations plans
and contracts was published in the
Federal Register on December 22, 2009
(74 FR 68015), with public comments
accepted through January 21, 2010.
After review of the public comments,
NMFS has partially approved the 17
sector operations plans and contracts,
determining the operations plans to be
consistent with the goals of the FMP, as
described in Amendment 16 and other
applicable laws, and in compliance with
the proposed measures that govern the
development and operation of a sector
as specified in Section 4.2.3 of
Amendment 16.
Background
While the Amendment 13 final rule
(69 FR 22906, April 27, 2004)
implemented the Georges Bank (GB)
Cod Hook Sector in 2004, and the
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18113
Framework Adjustment (FW) 42 final
rule (71 FR 62156, October 23, 2006)
implemented the FGS in 2006,
Amendment 16 revises and expands the
rules for these two existing sectors and
authorizes an additional 17 new sectors,
including the NFS I through XIII, the
SHS, the TSS, the NCCS, and the
PCCGS. Managers of two (2) of the 19
sectors authorized under Amendment
16 did not submit an operations plan for
FY 2010.
Three separate actions associated with
Amendment 16 are applicable to NE
multispecies permit holders for FY
2010: A proposed rule that contains
implementing regulations for the
partially approved Amendment 16 (74
FR 69382, December 31, 2009) includes
rebuilding programs for NE multispecies
stocks newly classified as being
overfished and subject to overfishing;
revisions to existing management
measures necessary to end overfishing,
rebuild overfished stocks, and mitigate
adverse economic impacts of increased
effort controls; and significant revisions
to existing sector management
measures. In accordance with
Amendment 16, a proposed rule specific
to sectors published on December 22,
2009, (74 FR 68015) and discussed
authorization of 17 sector operations
plans and contracts for FY 2010. This
final rule implements the approved
operations plans. Also in accordance
with Amendment 16, a third proposed
rule for FW 44 published on February
1, 2010 (75 FR 5016), which proposed
specifications of catch levels for FY
2010–2012, in accordance with the
process specified in Amendment 16,
and detailed additional management
measures to augment Amendment 16.
Thus, the final rules for Amendment
16, sector operations, and FW 44 are
closely related, and each rule relies on
the other two. It is necessary to employ
all three rules to implement
Amendment 16 as intended by the New
England Fishery Management Council
(Council). While Amendment 16
implements management measures and
processes for the FMP, FW 44 specifies
catch levels according to the policies
and procedures in Amendment 16, and
this sector operations rule authorizes
the operation of sectors. For example,
Amendment 16 must be implemented
for the 17 new sectors to be authorized.
FW 44 specifies overfishing levels,
acceptable biological catches, annual
catch limits (ACLs) and allocates catch
among components of the fishery,
including the division of the catch
between sector and common pool
vessels according to the Amendment 16
ACL specification process. Final rules
for the three actions, if all are approved,
E:\FR\FM\09APR1.SGM
09APR1
]]>Agencies
[Federal Register Volume 75, Number 68 (Friday, April 9, 2010)]
[Rules and Regulations]
[Pages 18110-18113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8134]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 0907141130-0112-02]
RIN 0648-AX80
Antarctic Marine Living Resources; Use of Centralized-Vessel
Monitoring System and Importation of Toothfish; Re-export and Export of
Toothfish; Applications for Krill Fishing; Regulatory Framework for
Annual Conservation Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS (on behalf of the Secretary of Commerce) issues this
final rule to facilitate conservation and management of Antarctic
Marine Living Resources (AMLR). The regulations: further detail current
U.S. requirements to only allow importation and/or re-exportation of
frozen toothfish or toothfish product with verifiable documentation
that the harvesting vessel participated in the Centralized-Vessel
Monitoring System (C-VMS) regardless of where the fish was harvested;
revise the NMFS catch-documentation requirements for re-exporting
toothfish and add requirements for exporting U.S.-caught toothfish;
require applicants for an AMLR harvesting permit for krill to apply to
NMFS no later than June 1 preceding the harvesting season for krill;
and rescind the existing regulatory framework for annual management
measures. The intent of the rule is to further detail requirements for
importing and re-exporting toothfish, to facilitate enforcement, to
fulfill U.S. obligations in the Commission on the Conservation of
Antarctic Marine Living Resources (CCAMLR), and to simplify the process
for informing the public of annual conservation measures.
DATES: This final rule is effective May 10, 2010.
ADDRESSES: Alan Risenhoover, Director, NMFS Office of Sustainable
Fisheries, Attn: CCAMLR Rulemaking, 1315 East-West Highway, SSMC3,
Silver Spring, MD 20910.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to Alan Risenhoover at the address
specified above and also to the Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Washington, DC 20503
(Attention: NOAA Desk Officer) or e-mail to David_Rostker@ob.eop.gov,
or fax to (202) 395-7825.
This Federal Register document is also accessible via the Internet
at: https://www.access.gpo.gov/su-docs/aces/aces140.html.
FOR FURTHER INFORMATION CONTACT: Robert Gorrell at 301-713-2341 or via
e-mail at robert.gorrell@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS published the proposed rule for this
action in the Federal Register on November 27, 2009 (74 FR 62278), with
a public comment period through December 28, 2009. NMFS received only
one comment and it was outside the scope of the rulemaking. Because no
substantive comments on the proposed rule were received and because no
new information dictates otherwise, no changes have been made to the
regulatory text published in the proposed rule.
Background
U.S. participation in Antarctic fisheries, and in the trade of
species managed by the Commission for the Conservation of Antarctic
Marine Living Resources (CCAMLR), is managed under the authority of the
Antarctic Marine Living Resources Convention Act of 1984 (Act) codified
at 16 U.S.C. 2431 et seq. NMFS implements conservation measures
developed by CCAMLR and adopted by the United States, through
regulations at 50 CFR part 300, subpart G. Changes to the existing
regulations are necessary to facilitate compliance, to incorporate new
conservation measures, to facilitate enforcement of new and existing
conservation measures, and to simplify the process for informing the
public of annual conservation measures.
This final rule further details current U.S. requirements to only
allow importation and/or re-exportation of frozen toothfish or
toothfish product with verifiable documentation that the harvesting
vessel participated in the Centralized-Vessel Monitoring System (C-VMS)
regardless of where the fish was harvested. This final rule also
revises the NMFS catch-documentation requirements for re-exporting
toothfish and adds requirements for exporting U.S.-caught toothfish. In
addition, this final rule requires applicants for an AMLR harvesting
permit for krill to apply to NMFS no later than June 1 preceding the
harvesting season for krill. Lastly, this final rule rescinds the
existing regulatory framework for annual management measures. Some
discussion of these measures appears below, but for a more detailed
discussion of these measures, please see the preamble to the proposed
rule published on November 27, 2009 (74 FR 62278).
Importing and/or Re-exporting Toothfish
This final rule does not change current requirements for U.S.
vessels harvesting AMLR to use real-time centralized VMS (or C-VMS) and
for dealers seeking preapproval to import toothfish into the United
States to submit to NMFS verifiable documentation of C-VMS use. NMFS
will use the information submitted by dealers seeking to import frozen
Dissostichus spp. into the U.S. market to verify that the harvesting
vessel was reporting its positions, via real-time centralized VMS (or
C-VMS), from the time the vessel left port to the time that the vessel
returned to port and at all points in between (i.e., port-to-port).
This final rule adds definitions for ``Centralized Vessel
Monitoring System (C-VMS)'', ``port-to-port'', and ``real-time'' and
further details the U.S. requirement that importation, re-exportation,
and/or exportation of frozen toothfish is allowed only with verifiable
documentation that the harvesting vessel participated in real-time C-
VMS port-to-port. Shipments of frozen Dissostichus spp. are required to
have such verifiable documentation except where the Dissostichus spp.
being shipped was harvested during a fishing trip that began prior to
September 24, 2007.
Also, the existing definition of ``Vessel Monitoring System (VMS)''
is revised to clarify that the VMS system that uses a mobile
transceiver unit on board foreign-flagged vessels does not need to be
approved by NMFS. Similarly, the heading for existing Sec. 300.116
``Requirements for a vessel monitoring system'' is revised to read
``Requirements for a vessel monitoring system for U.S. vessels''.
This final rule revises the catch-documentation requirements for
re-
[[Page 18111]]
exporting toothfish by clarifying that the application for a
Dissostichus species re-export document must identify: (1) the
container number for the shipment if the shipment is to be re-exported
by vessel; (2) the flight number and airway bill/bill of lading if the
shipment is to be re-exported by air; (3) the truck registration number
and nationality if the shipment is to be re-exported by ground
transportation; or (4) the railway transport number if the shipment is
to be re-exported by rail. This final rule makes clear that the
exporter would receive an electronically-generated Dissostichus species
re-export document.
This final rule also adds a new paragraph Sec. 300.107(c)(7)
identifying reporting and recordkeeping requirements for exports of
Dissostichus species. These requirements are nearly identical to
requirements for re-exports and pertain to U.S.-caught toothfish that
dealers want to export.
Krill Fishing
This final rule requires applicants for an AMLR harvesting permit
for krill to submit an application to the Assistant Administrator for
Fisheries, NMFS, no later than June 1 prior to the krill season opening
on December 1 of the same year (see Harvesting Permits, Sec. 300.112).
In addition to the information already required of an applicant for an
AMLR harvesting permit, the applicant for a permit to harvest krill is
required by this final rule to identify, to the extent possible, the
products to be derived from the anticipated catch of krill.
Framework for Annual Measures
This final rule rescinds the existing regulatory framework for
annual management measures to ease the administrative burden and cost
of publishing conservation measures that are readily available on the
CCAMLR website at https://www.ccamlr.org. If the United States should
formally object to any conservation measure adopted by CCAMLR, notice
of that objection will be published in the Federal Register. NMFS will
publish in the Federal Register any regulatory measure that it believes
is necessary to implement its responsibilities under the Antarctic
Marine Living Resources Convention Act of 1984 and may implement
conservation measures adopted by CCAMLR either through the imposition
of permit conditions or through rulemaking, as appropriate.
Changes From the Proposed Rule
There are no changes from the proposed rule.
Classification
The Antarctic Marine Living Resources Convention Act of 1984
The Assistant Administrator for Fisheries, NMFS, determined that
this final rule is consistent with the Antarctic Marine Living
Resources Convention Act of 1984, codified at 16 U.S.C. 2431 et seq.
Executive Order 12866
The final rule has been determined to be not significant for
purposes of Executive Order 12866.
Regulatory Flexibility Act (RFA)
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) during the proposed rule stage that this action
would not have a significant economic impact on a substantial number of
small entities. The factual basis for this determination is as follows:
This final rule further details current U.S. requirements to
only allow importation and/or re-exportation of frozen toothfish or
toothfish product with verifiable documentation that the harvesting
vessel participated in the C-VMS regardless of where the fish was
harvested; revise the NMFS catch-documentation requirements for re-
exporting toothfish and add requirements for exporting U.S.-caught
toothfish; require applicants for an AMLR harvesting permit for
krill to apply to NMFS no later than June 1 preceding the harvesting
season for krill; and rescind the existing regulatory framework for
annual management measures.
During the past several years, there have been 5 vessels (2 for
toothfish, 2 for krill, and 1 for crab) and 80 dealers who could
fall within the scope of NMFS regulations to implement CCAMLR
conservation measures. All U.S. vessels and U.S. dealers are
considered small entities under the ``Small Business Size
Regulations'' established by the SBA under 13 CFR 121.201. However,
the only costs associated with this rulemaking are for: (1) dealers
providing mode-of-shipment information on applications for toothfish
re-export and export documents; and (2) for applicants for krill
harvesting permits to provide information on the products to be
derived from krill catch. The costs and time associated with these
requirements is de minimis. The C-VMS aspects of the rule would not
change current practices and rescinding the framework for annual
measures would not impose any economic impact on small business
entities.
No comments were received regarding this certification. As a
result, a regulatory flexibility analysis was not required and none has
been prepared.
Paperwork Reduction Act (PRA)
This final rule contains two new collection-of-information
requirements subject to review and approval by the Office of Management
and Budget (OMB) under the PRA: providing mode-of-shipment information
on applications for toothfish re-export documents; and providing
information, to the extent possible, on the products to be derived from
krill catch on applications for krill harvesting permits. These
collection-of-information requirements have been approved by OMB under
OMB Control Number 0648-0194 and these new requirements are not
expected to change the currently approved burden under OMB Control
Number 0648-0194 of 294 hours.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall any person be subject to a penalty for failure
to comply with, a collection of information subject to the PRA
requirements unless that information collection displays a currently
valid OMB control number.
List of Subjects in 50 CFR Part 300
Fisheries, Fishing, Fishing vessels, Foreign relations, Reporting
and recordkeeping requirements, Statistics, Treaties.
Dated: April 6, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
0
For the reasons set out in the preamble, 50 CFR part 300, subpart G is
amended as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart G--Antarctic Marine Living Resources
0
1. The authority citation for 50 CFR part 300, subpart G, continues to
read as follows:
Authority: 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.
0
2. In Sec. 300.101, the definitions of ``Centralized Vessel Monitoring
System (C-VMS)'', ``Port-to-port'', and ``Real-time'' are added in
alphabetical order, and the definition of ``Vessel Monitoring System
(VMS)'' is revised, to read as follows:
Sec. 300.101 Definitions.
* * * * *
Centralized Vessel Monitoring System (C-VMS) means a system that
uses satellite-linked vessel monitoring devices to allow for the
reporting of vessel positional data, either directly to the CCAMLR
Secretariat or to the CCAMLR Secretariat through the relevant Flag
State.
* * * * *
Port-to-port means from the time the vessel leaves port to the time
that the
[[Page 18112]]
vessel returns to port and at all points in between.
Real-time means as soon as possible, but at least every 4 hours
with no more than a 4-hour delay.
* * * * *
Vessel Monitoring System (VMS) means a system that uses a mobile
transceiver unit on vessels that take AMLR, and that allows a Flag
State, through the installation of satellite-tracking devices on board
its fishing vessels, to receive automatic transmission of positional
and other information, consistent with relevant CCAMLR conservation
measures.
0
3. In Sec. 300.107, paragraphs (a)(4), (c)(5)(i) introductory text,
(c)(5)(i)(A), (c)(5)(iii), and (c)(6) are revised, and new paragraph
(c)(7) is added, to read as follows:
Sec. 300.107 Reporting and recordkeeping requirements.
* * * * *
(a) * * *
(4) Install a NMFS approved VMS unit on board U.S. vessels
harvesting AMLR for use in real-time C-VMS port-to-port reporting to a
NMFS-designated land-based fisheries monitoring center or centers. The
requirements for the installation and operation of the VMS are set
forth in Sec. 300.116.
* * * * *
(c)* * *
(5)* * *
(i)In order to import frozen Dissostichus species into the United
States, any dealer must:
(A) Submit a preapproval application including the document number
and export reference number on the DCD corresponding to the intended
import shipment and, if necessary, additional information for NMFS to
verify the use of real-time C-VMS port-to-port regardless of where the
fish were harvested; and receive preapproval from NMFS.
* * * * *
(iii) Any dealer who imports fresh Dissostichus species must
complete a report of each shipment and submit the report to NMFS within
24 hours following importation. Verification of the use of real-time C-
VMS port-to-port is not required for imports of fresh Dissostichus
species.
* * * * *
(6) Re-export. (i) In order to re-export Dissostichus species, any
dealer must:
(A) Submit to NMFS a completed paper-based NMFS application for a
Dissostichus re-export document that includes the following
information:
(1) The species, product type, and amount from the original DCD(s)
that is requested for export in the particular export shipment;
(2) The number of the original DCD(s);
(3) The name and address of the importer and point of import for
the original import into the United States, or by submitting a copy of
the preapproval issued for the original import;
(4) One of the following:
(i) The Container Number for the shipment if shipment is to be re-
exported by vessel;
(ii) The Flight Number and Airway Bill/Bill of Lading if shipment
is to be re-exported by air;
(iii) The Truck Registration Number and Nationality if shipment is
to be re-exported by ground transportation; or
(iv) The Railway Transport Number if shipment is to be re-exported
by rail.
(5) The dealer/exporter's name, address, and AMLR permit number;
and
(6) The dealer's signature.
(B) Obtain validation by a responsible official(s) designated by
NMFS and receive an electronically-generated Dissostichus re-export
document.
(ii) For frozen Dissostichus species, re-export documents will be
generated upon verification of the use of real-time C-VMS port-to-port
except for Dissostichus species harvested during fishing trips that
began prior to September 24, 2007.
(iii) Dealers must include the original validated Dissostichus re-
export document with the re-export shipment.
(iv) Any dealer who re-exports Dissostichus species must retain a
copy of the re-export document at his/her place of business for a
period of 2 years from the date on the DCD.
(7) Export. (i) In order to export U.S.-harvested Dissostichus
species, any dealer must:
(A) Submit to NMFS a completed paper-based NMFS application for a
Dissostichus export document that includes the following information:
(1) The species, product type, and amount from the original DCD(s)
that is requested for export in the particular export shipment;
(2) The number of the original DCD(s);
(3) One of the following:
(i) The Container Number for the shipment if shipment is to be
exported by vessel;
(ii) The Flight Number and Airway Bill/Bill of Lading if shipment
is to be exported by air;
(iii) The Truck Registration Number and Nationality if shipment is
to be exported by ground transportation; or
(iv) The Railway Transport Number if shipment is to be exported by
rail.
(4) The dealer/exporter's name, address, and AMLR permit number;
(5) For frozen Dissostichus species, verification of the use of
real-time C-VMS port-to-port except for Dissostichus species harvested
during fishing trips that began prior to September 24, 2007; and
(6) The dealer's signature.
(B) Obtain validation by a responsible official(s) designated by
NMFS and receive an electronically-generated Dissostichus export
document.
(ii) Dealers must include the original validated Dissostichus
export document with the export shipment.
(iii) Any dealer who exports Dissostichus species must retain a
copy of the export document at his/her place of business for a period
of 2 years from the date on the DCD.
0
4. Section 300.111 is removed and reserved.
Sec. 300.111 [Amended]
0
5. In Sec. 300.112 paragraph (c) is revised to read as follows:
Sec. 300.112 Harvesting permits.
* * * * *
(c) Application. Application forms for harvesting permits are
available at www.nmfs.noaa.gov.gpea_forms.htm.
(1)A separate fully completed and accurate application must be
completed and received by NMFS for each vessel for which a harvesting
permit is requested.
(2) Applications for permits to harvest species other than krill
must be received by NMFS at least 90 days before the date anticipated
for the beginning of harvesting.
(3)Applications for a permit to harvest krill must be received by
NMFS no later than June 1 immediately prior to the season in which the
harvesting would occur. The applications must, to the extent possible,
identify the products to be derived from the anticipated krill catch.
* * * * *
0
6. In Sec. 300.114 paragraph (d) is revised to read as follows:
Sec. 300.114 Dealer permits and preapproval.
* * * * *
(d) Issuance. NMFS may issue a dealer permit or preapproval if it
determines that the activity proposed by the dealer meets the
requirements of the Act and that the resources were not or will not be
harvested in violation of any CCAMLR conservation measure or in
violation of any regulation in this subpart. No preapproval will be
issued for Dissostichus species without verifiable documentation, to
include VMS reports with vessel location and messages, of the use of
real-time C-VMS
[[Page 18113]]
port-to-port by the vessel that harvested such Dissostichus species,
except for Dissostichus species harvested during fishing trips that
began prior to September 24, 2007.
* * * * *
0
7. In Sec. 300.116 the heading is revised to read as follows:
Sec. 300.116 Requirements for a vessel monitoring system for U.S.
vessels.
* * * * *
0
8. In Sec. 300.117 paragraph (bb)(9) is revised and paragraphs (gg)
and (hh) are added to read as follows:
Sec. 300.117 Prohibitions.
* * * * *
(bb)* * *
(9) Fail to use real-time C-VMS port-to-port on board U.S. vessels
harvesting AMLR in the Convention Area.
* * * * *
(gg) Harvest any AMLR in Convention waters without a harvesting
permit required by this subpart.
(hh) Ship, transport, offer for sale, sell, purchase, import,
export, re-export or have custody, control, or possession of, any
frozen Dissostichus species without verifiable documentation of the use
of real-time C-VMS port-to-port by the vessel that harvested such
Dissostichus species unless the Dissostichus species was harvested
during a fishing trip that began prior to September 24, 2007.
[FR Doc. 2010-8134 Filed 4-8-10; 8:45 am]
BILLING CODE 3510-22-S
