Atlantic Highly Migratory Species; Implementation of the International Commission for the Conservation of Atlantic Tunas Electronic Bluefin Tuna Catch Documentation System, 18796-18801 [2016-07428]

Download as PDF 18796 Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Rules and Regulations Tribe Boundaries SUQUAMISH ...................................................... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 459 F. Supp. 1049, to be places at which the Suquamish Tribe may fish under rights secured by treaties with the United States. Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 459 F. Supp. 1049, to be places at which the Swinomish Tribe may fish under rights secured by treaties with the United States. Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 626 F. Supp. 1531–1532, to be places at which the Tulalip Tribe may fish under rights secured by treaties with the United States. SWINOMISH ....................................................... TULALIP ............................................................. [FR Doc. 2016–07438 Filed 3–31–16; 8:45 am] the eBCD system (see SUPPLEMENTARY BILLING CODE 3510–22–P INFORMATION). This rule is effective on May 1, 2016. Operator-assisted, public conference call and webinars will be held on April 21, April 22, and May 3, 2016, from 2:30 to 4:30, Eastern Time. ADDRESSES: For details on the call-in and Web site information for three public conference call and webinars, please see the table in the SUPPLEMENTARY INFORMATION section, under the ‘‘Public Conference Call and Webinars’’ heading. Copies of the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan (Consolidated HMS FMP) and other relevant documents are available from the Atlantic HMS Management Division Web site at www.nmfs.noaa.gov/sfa/ hms. DATES: DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 300 and 635 [Docket No. 150618531–6286–02] RIN 0648–BF17 Atlantic Highly Migratory Species; Implementation of the International Commission for the Conservation of Atlantic Tunas Electronic Bluefin Tuna Catch Documentation System National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; fishery notification. AGENCY: This final rule adopts regulations governing international trade documentation and tracking programs for Atlantic bluefin tuna to fulfill recommendations from recent meetings of the International Commission for the Conservation of Atlantic Tunas (ICCAT). The final rule transitions from the current ICCAT paper-based bluefin tuna catch documentation program (BCD program), used in the United States by highly migratory species (HMS) international trade permit (ITP) holders, to use of the ICCAT electronic bluefin tuna catch documentation system (eBCD system). The final rule also contains two unrelated regulatory text corrections related to bluefin tuna landings reports and cross-references related to prohibitions for fishing Atlantic tunas with speargun gear. Additionally, NMFS will hold three public conference call and webinars on April 21, April 22, and May 3, 2016, to provide further information on requirements of the final rule and use of Lhorne on DSK5TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 14:14 Mar 31, 2016 Jkt 238001 FOR FURTHER INFORMATION CONTACT: Carrie Soltanoff at (301) 427–8503. Atlantic bluefin tuna are managed under the dual authority of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), 16 U.S.C. 1801 et seq., and the Atlantic Tunas Convention Act (ATCA), 16 U.S.C. 971 et seq. ATCA requires the Secretary of Commerce to promulgate such regulations as may be necessary and appropriate to implement ICCAT recommendations. The implementing regulations for international trade documentation and tracking programs for HMS are at 50 CFR part 300. SUPPLEMENTARY INFORMATION: Background Background information about the need to implement ICCAT recommendations to transition from the current paper-based BCD program to an eBCD system was provided in the preamble to the proposed rule (80 FR 61146, October 9, 2015) and most of that information is not repeated here. In response to the need to detect fraud and deter illegal, unregulated, and unreported (IUU) shipments, as well as PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 to improve tracking of bluefin tuna catch and commerce, ICCAT adopted Recommendation 10–11 in 2010 to develop an eBCD system, which would ultimately replace the paper-based BCD program. Deadlines were set for system implementation in subsequent recommendations that ultimately proved too ambitious given system development and financing issues. Most recently, ICCAT adopted Recommendation 15–10 requiring all ICCAT parties to use the eBCD system as of May 1, 2016, unless, based on examination of the status of the system, a technical working group (TWG) advises the Commission that the system is not sufficiently ready for implementation. If the TWG so advises the Commission, all ICCAT parties must use the eBCD system to the fullest extent practicable, but paper BCDs shall continue to be accepted until the system is sufficiently ready to be implemented. The TWG will meet in late April 2016. After May 1, 2016, or the date that the TWG advises the Commission that the system is sufficiently ready to be implemented (whichever is later), paper BCDs will no longer be accepted except in limited circumstances consistent with the ICCAT recommendation. Such limited circumstances include the use of paper BCDs as a ‘‘back-up’’ in the event that technical difficulties with the system arise that precludes use of the eBCD system. In light of the above, the final rule includes a provision allowing NMFS to notify the public (via actual or Federal Register notice) when paper BCDs will be used in lieu of the eBCD system. The eBCD system is designed to collect largely the same information that is currently collected under the paperbased BCD program. Therefore, this final rule makes minor adjustments to the existing regulations implementing the paper-based BCD program to implement the electronic system and require its use for bluefin tuna catch documentation. E:\FR\FM\01APR1.SGM 01APR1 Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Rules and Regulations NMFS also notes, for informational purposes only, that on December 29, 2015, NMFS published a proposed rule in the Federal Register (80 FR 81251) to integrate the collection of trade documentation within the governmentwide International Trade Data System (ITDS) and require electronic information collection through the automated portal maintained by the Department of Homeland Security, Customs and Border Protection (CBP). That proposed rule contemplates that NMFS would annually require renewable International Fisheries Trade Permits (IFTPs) for the import, export, and re-export of certain regulated seafood commodities that are subject to trade monitoring programs of RFMOs and/or subject to trade documentation requirements under domestic law, consolidating existing international trade permits for regulated seafood products under programs including the HMS ITP program. The ITDS rule, if finalized as proposed, would also specify data and trade documentation for regulated seafood commodities in specified programs that must be provided electronically to CBP. Specifically, the ITDS rule as proposed would further amend the HMS ITP regulations so that BCDs, or specific information from BCDs such as a BCD number, would be submitted through the Automated Commercial Environment (ACE) and the CBP Document Imaging System (DIS). Response to Comments The comment period for the proposed rule closed on November 9, 2015. NMFS received one comment from an environmental non-governmental organization, delivered both in writing and verbally during a public conference call/webinar on October 13, 2015. A summary of that comment is provided below along with NMFS’s response. Comment 1: We fully support the transition to an electronic system by May 2016. Full implementation of the eBCD system will benefit the U.S. fishing community by reducing opportunities for criminal activity, rewarding compliant fishermen, and supporting this valuable fishery’s longterm sustainable management. Response: NMFS agrees that the measures implemented by this rule would improve tracking of bluefin tuna catch and trade, enhancing ICCAT’s ability to monitor trade and identify any discrepancies between the amount of product in international trade and authorized quotas, and reduce the possibility of IUU bluefin tuna entering U.S. commerce. NMFS also agrees that use of the eBCD system should be implemented by the May 1, 2016 deadline adopted by ICCAT in Recommendation 15–10 and consistent with the provisions in that Recommendation. Changes From the Proposed Rule In this final rule NMFS has added a provision that certain trade tracking requirements must be satisfied by use of the ICCAT eBCD system for Atlantic bluefin tuna ‘‘unless NMFS provides otherwise through actual notice or Federal Register notice.’’ See § 300.185(a)(2)(ii)(A)(1), (a)(2)(vi)(A), (a)(3)(i); (b)(2)(i), (b)(3)(i); (c)(2)(i)(A); (c)(3)(i). ICCAT Recommendation 15–10 provides limited circumstances under which paper BCDs may be accepted. Specifically, paper BCDs may be used if the system is not ready for implementation and as a ‘‘back-up’’ in the event that technical difficulties with the system arise that preclude use of the eBCD system. In such an event, the final rule allows NMFS to notify the public through actual or Federal Register notice that paper BCDs will temporarily be used, as specified in the notice. NMFS also included one change from the proposed new regulatory text at § 300.185(a)(2)(iii)(b) to read ‘‘must’’ instead of ‘‘should’’ to more precisely match the relevant ICCAT Recommendation text. To enhance the clarity of the regulations, the final rule breaks out the Atlantic bluefin tuna eBCD requirements into separate subparagraphs (see § 300.185(a)(2)(ii)(A)(1), (a)(2)(vi)(A), (a)(3)(i); (b)(2)(i), (b)(3)(i); (c)(2)(i)(A); (c)(3)(i)), and adds text in other subparagraphs to reiterate that paper documentation continues to be used for non-Atlantic bluefin tuna (see § 300.185(a)(2)(ii)(A)(2), (a)(2)(vi)(B), (a)(3)(ii); (b)(2)(ii), (b)(3)(ii); (c)(2)(i)(B); (c)(3)(ii)). For example, section 300.185(a)(2)(ii)(A)(2) states that: ‘‘For non-Atlantic bluefin tuna, this requirement must be satisfied with the original paper re-export certificate.’’ These edits were made for clarity and do not change the substantive effect of the rule. In addition to these changes, two unrelated corrections to the HMS regulations are included in this final rule for purposes of administrative efficiency (i.e., they are included in this action rather than in separate rulemakings). The first change reinserts language inadvertently omitted in the final rule to implement Amendment 7 to the 2006 Consolidated HMS FMP, which was published in the Federal Register on December 2, 2014 (79 FR 71510). The Amendment 7 final rule inadvertently omitted text at 50 CFR 635.5(b)(2)(i)(A) that provided an option for Atlantic tunas dealers to submit bluefin tuna landings reports via the Internet. A correction to re-insert that language is included in this final rule. The second change corrects an incorrect cross-reference. The regulations at § 635.71(b)(30), (31), (33), (34), and (35), which are prohibitions for fishing Atlantic tunas with speargun gear, contain an incorrect crossreference, which is listed as § 635.21(f) but should refer to § 635.21(i). The cross-reference is corrected in this final rule. Public Conference Call and Webinars NMFS will hold three public conference call and webinars to provide further information about the requirements of the final rule and use of the eBCD system. To participate in those calls, use the following information: TABLE 1—DATE AND TIME OF PUBLIC CONFERENCE CALL AND WEBINARS Date and time Access information Lhorne on DSK5TPTVN1PROD with RULES April 21, 2016, 2:30–4:30 p.m. Eastern Time. April 22, 2016, 2:30–4:30 p.m. Eastern Time. VerDate Sep<11>2014 14:14 Mar 31, 2016 Jkt 238001 To participate in conference call, call: (888) 989–4714 Passcode: 2848482 To participate in webinar, go to: https://noaaevents3.webex.com/noaaevents3/onstage/ g.php?MTID=ef13acb1e3c8d48e686c79f590cd8299f Meeting Number: 994 455 972 Meeting Password: tijeshGb To participate in conference call, call: (800) 779–5244 Passcode: 9942853 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 18797 E:\FR\FM\01APR1.SGM 01APR1 18798 Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Rules and Regulations TABLE 1—DATE AND TIME OF PUBLIC CONFERENCE CALL AND WEBINARS—Continued Date and time Access information May 3, 2016, 2:30–4:30 p.m. Eastern Time. To participate in webinar, go to: https://noaaevents3.webex.com/noaaevents3/onstage/ g.php?MTID=e82dcb0c46b71284d1e238f1463a91d52 Meeting Number: 996 520 461 Meeting Password: HVGU39hq To participate in conference call, call: (888) 323–9870 Passcode: 8184849 To participate in webinar, go to: https://noaaevents3.webex.com/noaaevents3/onstage/ g.php?MTID=edc2f51bca10de37d00803f879302dfcf Meeting Number: 998 820 477 Meeting Password: JwdMqJyU Lhorne on DSK5TPTVN1PROD with RULES To participate in the webinars online, enter your name and email address, and click the ‘‘JOIN’’ button. Participants that have not used WebEx before will be prompted to download and run a plugin program that will enable them to view the webinar. Presentation materials and other supporting information will be posted on the HMS Web site at www.nmfs.noaa.gov/sfa/ hms. Classification The NMFS Assistant Administrator has determined that this final rule is consistent with the Magnuson-Stevens Act, the 2006 Consolidated Atlantic HMS FMP and its amendments, ATCA, and other applicable law. This final rule has been determined to be not significant for purposes of Executive Order 12866. In addition, NMFS has determined that this final rule would not affect the coastal zone of any state, and a negative determination pursuant to 15 CFR 930.35 is not required. Therefore, pursuant to 15 CFR 930.33(a)(2), coordination with appropriate state agencies under Section 307 of the Coastal Zone Management Act is not required. This final action is categorically excluded from the requirement to prepare an environmental assessment in accordance with NAO 216–6. A categorical exclusion applies because the rule would implement minor adjustments to regulations and would not have a significant effect, individually or cumulatively, on the human environment. This action also does not directly affect fishing effort, quotas, fishing gear, authorized species, interactions with threatened or endangered species, or other relevant parameters. This final rule contains a collectionof-information requirement subject to review and approval by OMB under the Paperwork Reduction Act. ICCAT Recommendation 15–10 requires VerDate Sep<11>2014 14:14 Mar 31, 2016 Jkt 238001 transition from the paper-based BCD program to an eBCD system with certain limited exceptions. To comply with this Recommendation, NMFS will require Atlantic bluefin tuna dealers with HMS ITPs to use the eBCD system effective May 1, 2016. An amendment to OMB Control Number 0648–0040 (Dealer Reporting Family of Forms) has been approved by the Office of Management and Budget. The Chief Council for Regulation of the Department of Commerce certified to the Chief Council for Advocacy of the Small Business Administration 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 the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification or on the impacts of the rule more generally. As a result, a regulatory flexibility analysis is not required and none has been prepared. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on the following three changes made in this final rule, as notice and comment would be impracticable, unnecessary, and contrary to the public interest. As explained above, this final rule makes three changes to the final rule: (1) A notice provision that allows for paper BCDs instead of eBCDs if NFMS provides actual notice or a Federal Register notice; (2) reinsertion of inadvertently-deleted text that allows Internet submission of bluefin dealer reports; and (3) correction of speargun cross-references. With regard to the first change, prior notice and comment would be impracticable, contrary to the public interest, and unnecessary. ICCAT Recommendation 15–10, adopted after the proposed rule was published, included a provision on certain circumstances under which paper BCDs could continue to be accepted in lieu of PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 eBCDs. These circumstances include using paper BCDs or printed eBCDs as a back-up in the limited event that technical difficulties with the system arise that preclude use of the eBCD system. The Recommendation also specified a process through which a TWG would make a determination regarding whether the system was sufficiently ready for implementation and specified that paper BCDs would be accepted until that determination was made. NMFS recently learned that the relevant TWG meeting will not take place until late April 2016. Thus, in the unlikely event that the system is not ready to be implemented, NMFS must have an option to allow the use of paper BCDs to ensure that bluefin tuna trade is not disrupted. On the other hand, if the system is ready for implementation, the final rule must be in place to ensure compliance with ICCAT recommendations and to switch over to the eBCD system. Given the unexpectedly late timing of TWG review, the simultaneous potential requirement to implement the system by May 1, and the need to have a back-up system as a contingency, the time required for public notice and comment would be impracticable. Moreover, not allowing this change is contrary to the public interest. In the absence of a paper-based option, if the eBCD system experiences technical problems, bluefin dealers with HMS ITPs would not be able to proceed with imports and exports of bluefin. Currently, dealers use paper BCDs, thus it is unnecessary to provide for notice and comment on continued—albeit, more limited—use of these documents. With regard to the second change, prior notice and comment are contrary to the public interest and unnecessary. The final rule for Amendment 7 inadvertently deleted text from a prior rulemaking, the 2006 Consolidated HMS FMP (71 FR 58058; October 2, 2006), that allowed bluefin tuna dealers to E:\FR\FM\01APR1.SGM 01APR1 Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Rules and Regulations submit reports via the internet. The regulations thus require reporting only via fax, which is more burdensome than using the internet. NMFS only recently learned about the error, and needs to make a correction immediately because current regulations without the reinserted text are confusing, inconsistent with established reporting practice, and burdensome. Furthermore, NMFS previously allowed notice and comment on the 2006 Consolidated HMS FMP, Amendment 7 never intended to change this reporting provision, and the record clearly reflects the intent to have an internet option. There is also good cause to waive prior notice and comment for the third change. As currently written, the speargun prohibitions incorrectly crossreference rod-and-reel provisions. Prior notice and comment on corrections to these cross-references is impracticable because NMFS just learned about the error and failure to make this minor change in a timely fashion may result in ongoing and unnecessary confusion among regulated parties. This confusion regarding the regulations could create enforcement issues with no corresponding benefit to the public. Thus, delaying the change to allow for notice and comment would be contrary to the public interest. List of Subjects 50 CFR Part 300 Administrative practice and procedure, Exports, Fish, Fisheries, Fishing, Imports, Reporting and recordkeeping requirements, Treaties. 50 CFR Part 635 Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, Penalties, Reporting and recordkeeping requirements, Treaties. For reasons set out in the preamble, 50 CFR part 300, subpart M, and 50 CFR part 635 are proposed to be amended as follows: PART 300—INTERNATIONAL FISHERIES REGULATIONS 1. The authority citation for part 300, subpart M, continues to read as follows: Lhorne on DSK5TPTVN1PROD with RULES ■ Authority: 16 U.S.C. 951–961 and 971 et seq.; 16 U.S.C. 1801 et seq. 2. In § 300.181: a. Revise the definitions for ‘‘BCD tag’’ and ‘‘Consignment document’’; and VerDate Sep<11>2014 14:14 Mar 31, 2016 Jkt 238001 § 300.181 Definitions. * * * * * BCD tag means a numbered tag affixed to a bluefin tuna issued by any country in conjunction with a catch statistics information program and recorded on a BCD or eBCD. * * * * * Consignment document means either an ICCAT eBCD or paper BCD issued by a nation to comply with the ICCAT bluefin tuna catch documentation program consistent with ICCAT recommendations; or an ICCAT, IATTC, IOTC, or CCSBT statistical document or a statistical document issued by a nation to comply with such statistical document programs. * * * * * eBCD means an electronic bluefin tuna catch document (eBCD) generated by the ICCAT eBCD system to track bluefin tuna catch and trade as specified in ICCAT recommendations. eBCD system is the ICCAT electronic system for creating, editing, and transmitting ICCAT catch and trade documentation for bluefin tuna as specified in ICCAT recommendations and required in these regulations. * * * * * ■ 3. In § 300.185: ■ a. Revise paragraphs (a)(2)(ii) through (vii); ■ b. Remove paragraphs (a)(2)(viii) and (ix); and ■ c. Revise paragraphs (a)(3), (b)(2) and (3), (c)(2)(i) and (iii), and (c)(3). The revisions read as follows: § 300.185 Documentation, reporting and recordkeeping requirements for consignment documents and re-export certificates. Dated: March 29, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. ■ ■ b. Add definitions for ‘‘eBCD’’ and ‘‘eBCD system’’ in alphabetical order. The revisions and additions read as follows: ■ (a) * * * (2) * * * (ii) Bluefin tuna: (A) Imports which were re-exported from another nation must also be accompanied by an original, completed, approved, validated, species-specific reexport certificate. (1) For Atlantic bluefin tuna, this requirement must be satisfied by electronic receipt and completion of a re-export certificate in the ICCAT eBCD system, unless NMFS provides otherwise through actual notice or Federal Register notice. (2) For non-Atlantic bluefin tuna, this requirement must be satisfied with the original paper re-export certificate. (B) Bluefin tuna, imported into the Customs territory of the United States or PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 18799 entered for consumption into the separate customs territory of a U.S. insular possession, from a country requiring a BCD tag on all such bluefin tuna available for sale, must be accompanied by the appropriate BCD tag issued by that country, and said BCD tag must remain on any bluefin tuna until it reaches its final import destination. If the final import destination is the United States, which includes U.S. insular possessions, the BCD tag must remain on the bluefin tuna until it is cut into portions. If the bluefin tuna portions are subsequently packaged for domestic commercial use or re-export, the BCD tag number and the issuing country must be written legibly and indelibly on the outside of the package. (iii) Fish or fish products regulated under this subpart other than bluefin tuna and shark fins: (A) Imports that were previously reexported and were subdivided or consolidated with another consignment before re-export, must also be accompanied by an original, completed, approved, validated, species-specific reexport certificate. (B) Imports that have been previously re-exported from another nation must have the intermediate importer’s certification of the original statistical document completed. (iv) Consignment documents must be validated as specified in § 300.187 by an authorized government official of the flag country whose vessel caught the fish (regardless of where the fish are first landed). Re-export certificates must be validated by an authorized government official of the re-exporting country. For electronically generated Atlantic bluefin tuna catch documents, validation must be electronic using the ICCAT eBCD system. (v) A permit holder may not accept an import without the completed consignment document or re-export certificate as described in paragraphs (a)(2)(i) through (iv) of this section. (vi) For fish or fish products, except shark fins, regulated under this subpart that are entered for consumption, the permit holder must provide correct and complete information, as requested by NMFS, on the original consignment document that accompanied the consignment. (A) For Atlantic bluefin tuna, this information must be provided electronically in the ICCAT eBCD system, unless NMFS provides otherwise through actual notice or Federal Register notice. (B) For non-Atlantic bluefin tuna, this information must be provided on the E:\FR\FM\01APR1.SGM 01APR1 Lhorne on DSK5TPTVN1PROD with RULES 18800 Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Rules and Regulations original paper consignment document that accompanied the consignment. (vii) Customs forms can be obtained by contacting the local CBP port office; contact information is available at www.cbp.gov. For a U.S. insular possession, contact the local customs office for any forms required for entry. (3) Reporting requirements. For fish or fish products regulated under this subpart, except shark fins, that are entered for consumption and whose final destination is within the United States, which includes U.S. insular possessions, a permit holder must submit to NMFS the original consignment document that accompanied the fish product as completed under paragraph (a)(2) of this section, to be received by NMFS along with the biweekly report as required under § 300.183(a). A copy of the original completed consignment document must be submitted by the permit holder, to be received by NMFS, at an address designated by NMFS, within 24 hours of the time the fish product was entered for consumption into the Customs territory of the United States, or the separate customs territory of a U.S. insular possession. (i) For Atlantic bluefin tuna, this requirement must be satisfied electronically by entering the specified information into the ICCAT eBCD system as directed in paragraph (a)(2)(vi)(A) of this section, unless NMFS provides otherwise through actual notice or Federal Register notice. (ii) For non-Atlantic bluefin tuna, this requirement must be satisfied by submitting the original paper consignment document. (b) * * * (2) Documentation requirements. A permit holder must complete an original, approved, numbered, speciesspecific consignment document issued to that permit holder by NMFS for each export referenced under paragraph (b)(1) of this section. Such an individually numbered document is not transferable and may be used only once by the permit holder to which it was issued to report on a specific export consignment. A permit holder must provide on the consignment document the correct information and exporter certification. The consignment document must be validated, as specified in § 300.187, by NMFS, or another official authorized by NMFS. A list of such officials may be obtained by contacting NMFS. A permit holder requesting U.S. 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 consignment. VerDate Sep<11>2014 14:14 Mar 31, 2016 Jkt 238001 (i) For Atlantic bluefin tuna, this requirement must be satisfied by electronic completion of a consignment document in the ICCAT eBCD system, unless NMFS provides otherwise through actual notice or Federal Register notice. (ii) For non-Atlantic bluefin tuna, this requirement must be satisfied by completion of a paper consignment document. (3) Reporting requirements. A permit holder must ensure that the original, approved, consignment document as completed under paragraph (b)(2) of this section accompanies the export of such products to their export destination. A copy of the consignment document must be received by NMFS, at an address designated by NMFS, within 24 hours of the time the fish product was exported from the United States or a U.S. insular possession. (i) For Atlantic bluefin tuna, this requirement must be satisfied electronically by entering the specified information into the ICCAT eBCD system as directed in paragraph (b)(2)(i) of this section, unless NMFS provides otherwise through actual notice or Federal Register notice. (ii) For non-Atlantic bluefin tuna, this requirement must be satisfied by submitting the original paper consignment document. (c) * * * (2) * * * (i) If a permit holder re-exports a consignment of bluefin tuna, or subdivides or consolidates a consignment of fish or fish products regulated under this subpart, other than shark fins, that was previously entered for consumption as described in paragraph (c)(1) of this section, the permit holder must complete an original, approved, individually numbered, species-specific re-export certificate issued to that permit holder by NMFS for each such re-export consignment. Such an individually numbered document is not transferable and may be used only once by the permit holder to which it was issued to report on a specific re-export consignment. A permit holder must provide on the re-export certificate the correct information and re-exporter certification. The permit holder must also attach the original consignment document that accompanied the import consignment or a copy of that document, and must note on the top of both the consignment documents and the re-export certificates the entry number assigned by CBP authorities at the time of filing the entry summary. (A) For Atlantic bluefin tuna, these requirements must be satisfied by PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 electronic completion of a re-export certificate in the ICCAT eBCD system, unless NMFS provides otherwise through actual notice or Federal Register notice. (B) For non-Atlantic bluefin tuna, these requirements must be satisfied by completion of a paper re-export certificate. * * * * * (iii) Re-export certificates must be validated, as specified in § 300.187, by NMFS or another official authorized by NMFS. A list of such officials may be obtained by contacting NMFS. A permit holder requesting validation for reexports should notify NMFS as soon as possible to avoid delays in inspection and validation of the re-export shipment. Electronic re-export certificates created for Atlantic bluefin tuna using the ICCAT eBCD system will be validated electronically. (3) Reporting requirements. For each re-export, a permit holder must submit the original of the completed re-export certificate (if applicable) and the original or a copy of the original consignment document completed as specified under paragraph (c)(2) of this section, to accompany the consignment of such products to their re-export destination. A copy of the completed consignment document and re-export certificate (if applicable) must be submitted to NMFS, at an address designated by NMFS, and received by NMFS within 24 hours of the time the consignment was re-exported from the United States. (i) For Atlantic bluefin tuna, this requirement must be satisfied electronically by entering the specified information into the ICCAT eBCD system as directed in paragraph (c)(2)(i)(A) of this section, unless NMFS provides otherwise through actual notice or Federal Register notice. (ii) For non-Atlantic bluefin tuna, this requirement must be satisfied by submitting the original paper re-export certificate. * * * * * ■ 4. In § 300.186, revise paragraph (a) to read as follows: § 300.186 Completed and approved documents. (a) NMFS-approved forms. A NMFSapproved consignment document or reexport certificate may be obtained from NMFS to accompany exports of fish or fish products regulated under this subpart from the Customs territory of the United States or the separate customs territory of a U.S. insular possession. * * * * * E:\FR\FM\01APR1.SGM 01APR1 Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Rules and Regulations 5. In § 300.187, revise paragraphs (f) introductory text and (f)(2) to read as follows: ■ § 300.187 Validation requirements. * * * * * (f) BCD tags. The requirements of this paragraph apply to Pacific bluefin tuna. Requirements for tagging Atlantic bluefin tuna are specified in § 635.5. * * * * * (2) Transfer. BCD tags for use on Pacific bluefin tuna issued under this section are not transferable and are usable only by the permit holder to whom they are issued. * * * * * PART 635—ATLANTIC HIGHLY MIGRATORY SPECIES 6. The authority citation for part 635 continues to read as follows: ■ Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq. 7. In § 635.5, revise paragraph (b)(2)(i)(A) to read as follows: ■ § 635.5 Lhorne on DSK5TPTVN1PROD with RULES * * * * (b) * * * (2) * * * (i) * * * (A) Landing reports. Each dealer with a valid Atlantic Tunas dealer permit issued under § 635.4 must submit the landing reports to NMFS for each bluefin received from a U.S. fishing vessel. Such reports must be submitted electronically by sending a facsimile or, once available, via the Internet, to a number or a web address designated by NMFS not later than 24 hours after receipt of the bluefin. Landing reports must include the name and permit number of the vessel that landed the VerDate Sep<11>2014 14:14 Mar 31, 2016 Jkt 238001 8. In § 635.71, revise paragraphs (b)(30), (31), (33), (34), and (35) to read as follows: ■ Recordkeeping and reporting. * bluefin and other information regarding the catch as instructed by NMFS. Landing reports submitted via facsimile must be signed by the permitted vessel owner or operator immediately upon transfer of the bluefin. When purchasing bluefin tuna from eligible IBQ Program participants or Atlantic Tunas Purse Seine category participants, permitted Atlantic Tunas dealers must also enter landing reports into the electronic IBQ System established under 635.15, not later than 24 hours after receipt of the bluefin. The vessel owner or operator must confirm that the IBQ System landing report information is accurate by entering a unique PIN when the dealer report is submitted. The dealer must inspect the vessel’s permit to verify that it is a commercial category, the required vessel name and permit number as listed on the permit are correctly recorded on the landing report, and that the vessel permit has not expired. * * * * * § 635.71 Prohibitions. * * * * * (b) * * * (30) Fish for any HMS, other than Atlantic BAYS tunas, with speargun fishing gear, as specified at § 635.21(i). (31) Harvest or fish for BAYS tunas using speargun gear with powerheads, or any other explosive devices, as specified in § 635.21(i). * * * * * (33) Fire or discharge speargun gear without being physically in the water, as specified at § 635.21(i). PO 00000 Frm 00061 Fmt 4700 Sfmt 9990 18801 (34) Use speargun gear to harvest a BAYS tuna restricted by fishing lines or other means, as specified at § 635.21(i). (35) Use speargun gear to fish for BAYS tunas from a vessel that does not possess either a valid HMS Angling or HMS Charter/Headboat permit, as specified at § 635.21(i). * * * * * [FR Doc. 2016–07428 Filed 3–31–16; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 160202070–6070–01] RIN 0648–XE427 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Adjustment of Georges Bank and Southern New England/MidAtlantic Yellowtail Flounder Annual Catch Limits Correction In rule document 2016–06306, appearing on pages 14986 through 14988 in the issue of Monday, March 21, 2016, make the following corrections: 1. On page 14986, in the third column, in the DATES section, on the first line, ‘‘April 18, 2016’’ should read ‘‘March 18, 2016’’. 2. On page 14987, in the second column, on the seventeenth and eighteenth lines, ‘‘April 18, 2016’’ should read ‘‘March 18, 2016’’. [FR Doc. C1–2016–06306 Filed 3–31–16; 8:45 am] BILLING CODE 1505–01–D E:\FR\FM\01APR1.SGM 01APR1

Agencies

[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)]
[Rules and Regulations]
[Pages 18796-18801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07428]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 300 and 635

[Docket No. 150618531-6286-02]
RIN 0648-BF17


Atlantic Highly Migratory Species; Implementation of the 
International Commission for the Conservation of Atlantic Tunas 
Electronic Bluefin Tuna Catch Documentation System

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

ACTION: Final rule; fishery notification.

-----------------------------------------------------------------------

SUMMARY: This final rule adopts regulations governing international 
trade documentation and tracking programs for Atlantic bluefin tuna to 
fulfill recommendations from recent meetings of the International 
Commission for the Conservation of Atlantic Tunas (ICCAT). The final 
rule transitions from the current ICCAT paper-based bluefin tuna catch 
documentation program (BCD program), used in the United States by 
highly migratory species (HMS) international trade permit (ITP) 
holders, to use of the ICCAT electronic bluefin tuna catch 
documentation system (eBCD system). The final rule also contains two 
unrelated regulatory text corrections related to bluefin tuna landings 
reports and cross-references related to prohibitions for fishing 
Atlantic tunas with speargun gear.
    Additionally, NMFS will hold three public conference call and 
webinars on April 21, April 22, and May 3, 2016, to provide further 
information on requirements of the final rule and use of the eBCD 
system (see SUPPLEMENTARY INFORMATION).

DATES: This rule is effective on May 1, 2016. Operator-assisted, public 
conference call and webinars will be held on April 21, April 22, and 
May 3, 2016, from 2:30 to 4:30, Eastern Time.

ADDRESSES: For details on the call-in and Web site information for 
three public conference call and webinars, please see the table in the 
SUPPLEMENTARY INFORMATION section, under the ``Public Conference Call 
and Webinars'' heading.
    Copies of the 2006 Consolidated Atlantic Highly Migratory Species 
Fishery Management Plan (Consolidated HMS FMP) and other relevant 
documents are available from the Atlantic HMS Management Division Web 
site at www.nmfs.noaa.gov/sfa/hms.

FOR FURTHER INFORMATION CONTACT: Carrie Soltanoff at (301) 427-8503.

SUPPLEMENTARY INFORMATION: Atlantic bluefin tuna are managed under the 
dual authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (MSA), 16 U.S.C. 1801 et seq., and the Atlantic Tunas 
Convention Act (ATCA), 16 U.S.C. 971 et seq. ATCA requires the 
Secretary of Commerce to promulgate such regulations as may be 
necessary and appropriate to implement ICCAT recommendations. The 
implementing regulations for international trade documentation and 
tracking programs for HMS are at 50 CFR part 300.

Background

    Background information about the need to implement ICCAT 
recommendations to transition from the current paper-based BCD program 
to an eBCD system was provided in the preamble to the proposed rule (80 
FR 61146, October 9, 2015) and most of that information is not repeated 
here.
    In response to the need to detect fraud and deter illegal, 
unregulated, and unreported (IUU) shipments, as well as to improve 
tracking of bluefin tuna catch and commerce, ICCAT adopted 
Recommendation 10-11 in 2010 to develop an eBCD system, which would 
ultimately replace the paper-based BCD program. Deadlines were set for 
system implementation in subsequent recommendations that ultimately 
proved too ambitious given system development and financing issues.
    Most recently, ICCAT adopted Recommendation 15-10 requiring all 
ICCAT parties to use the eBCD system as of May 1, 2016, unless, based 
on examination of the status of the system, a technical working group 
(TWG) advises the Commission that the system is not sufficiently ready 
for implementation. If the TWG so advises the Commission, all ICCAT 
parties must use the eBCD system to the fullest extent practicable, but 
paper BCDs shall continue to be accepted until the system is 
sufficiently ready to be implemented. The TWG will meet in late April 
2016. After May 1, 2016, or the date that the TWG advises the 
Commission that the system is sufficiently ready to be implemented 
(whichever is later), paper BCDs will no longer be accepted except in 
limited circumstances consistent with the ICCAT recommendation. Such 
limited circumstances include the use of paper BCDs as a ``back-up'' in 
the event that technical difficulties with the system arise that 
precludes use of the eBCD system. In light of the above, the final rule 
includes a provision allowing NMFS to notify the public (via actual or 
Federal Register notice) when paper BCDs will be used in lieu of the 
eBCD system.
    The eBCD system is designed to collect largely the same information 
that is currently collected under the paper-based BCD program. 
Therefore, this final rule makes minor adjustments to the existing 
regulations implementing the paper-based BCD program to implement the 
electronic system and require its use for bluefin tuna catch 
documentation.

[[Page 18797]]

    NMFS also notes, for informational purposes only, that on December 
29, 2015, NMFS published a proposed rule in the Federal Register (80 FR 
81251) to integrate the collection of trade documentation within the 
government-wide International Trade Data System (ITDS) and require 
electronic information collection through the automated portal 
maintained by the Department of Homeland Security, Customs and Border 
Protection (CBP). That proposed rule contemplates that NMFS would 
annually require renewable International Fisheries Trade Permits 
(IFTPs) for the import, export, and re-export of certain regulated 
seafood commodities that are subject to trade monitoring programs of 
RFMOs and/or subject to trade documentation requirements under domestic 
law, consolidating existing international trade permits for regulated 
seafood products under programs including the HMS ITP program. The ITDS 
rule, if finalized as proposed, would also specify data and trade 
documentation for regulated seafood commodities in specified programs 
that must be provided electronically to CBP. Specifically, the ITDS 
rule as proposed would further amend the HMS ITP regulations so that 
BCDs, or specific information from BCDs such as a BCD number, would be 
submitted through the Automated Commercial Environment (ACE) and the 
CBP Document Imaging System (DIS).

Response to Comments

    The comment period for the proposed rule closed on November 9, 
2015. NMFS received one comment from an environmental non-governmental 
organization, delivered both in writing and verbally during a public 
conference call/webinar on October 13, 2015. A summary of that comment 
is provided below along with NMFS's response.
    Comment 1: We fully support the transition to an electronic system 
by May 2016. Full implementation of the eBCD system will benefit the 
U.S. fishing community by reducing opportunities for criminal activity, 
rewarding compliant fishermen, and supporting this valuable fishery's 
long-term sustainable management.
    Response: NMFS agrees that the measures implemented by this rule 
would improve tracking of bluefin tuna catch and trade, enhancing 
ICCAT's ability to monitor trade and identify any discrepancies between 
the amount of product in international trade and authorized quotas, and 
reduce the possibility of IUU bluefin tuna entering U.S. commerce. NMFS 
also agrees that use of the eBCD system should be implemented by the 
May 1, 2016 deadline adopted by ICCAT in Recommendation 15-10 and 
consistent with the provisions in that Recommendation.

Changes From the Proposed Rule

    In this final rule NMFS has added a provision that certain trade 
tracking requirements must be satisfied by use of the ICCAT eBCD system 
for Atlantic bluefin tuna ``unless NMFS provides otherwise through 
actual notice or Federal Register notice.'' See Sec.  
300.185(a)(2)(ii)(A)(1), (a)(2)(vi)(A), (a)(3)(i); (b)(2)(i), 
(b)(3)(i); (c)(2)(i)(A); (c)(3)(i). ICCAT Recommendation 15-10 provides 
limited circumstances under which paper BCDs may be accepted. 
Specifically, paper BCDs may be used if the system is not ready for 
implementation and as a ``back-up'' in the event that technical 
difficulties with the system arise that preclude use of the eBCD 
system. In such an event, the final rule allows NMFS to notify the 
public through actual or Federal Register notice that paper BCDs will 
temporarily be used, as specified in the notice. NMFS also included one 
change from the proposed new regulatory text at Sec.  
300.185(a)(2)(iii)(b) to read ``must'' instead of ``should'' to more 
precisely match the relevant ICCAT Recommendation text.
    To enhance the clarity of the regulations, the final rule breaks 
out the Atlantic bluefin tuna eBCD requirements into separate 
subparagraphs (see Sec.  300.185(a)(2)(ii)(A)(1), (a)(2)(vi)(A), 
(a)(3)(i); (b)(2)(i), (b)(3)(i); (c)(2)(i)(A); (c)(3)(i)), and adds 
text in other subparagraphs to reiterate that paper documentation 
continues to be used for non-Atlantic bluefin tuna (see Sec.  
300.185(a)(2)(ii)(A)(2), (a)(2)(vi)(B), (a)(3)(ii); (b)(2)(ii), 
(b)(3)(ii); (c)(2)(i)(B); (c)(3)(ii)). For example, section 
300.185(a)(2)(ii)(A)(2) states that: ``For non-Atlantic bluefin tuna, 
this requirement must be satisfied with the original paper re-export 
certificate.'' These edits were made for clarity and do not change the 
substantive effect of the rule.
    In addition to these changes, two unrelated corrections to the HMS 
regulations are included in this final rule for purposes of 
administrative efficiency (i.e., they are included in this action 
rather than in separate rulemakings). The first change reinserts 
language inadvertently omitted in the final rule to implement Amendment 
7 to the 2006 Consolidated HMS FMP, which was published in the Federal 
Register on December 2, 2014 (79 FR 71510). The Amendment 7 final rule 
inadvertently omitted text at 50 CFR 635.5(b)(2)(i)(A) that provided an 
option for Atlantic tunas dealers to submit bluefin tuna landings 
reports via the Internet. A correction to re-insert that language is 
included in this final rule.
    The second change corrects an incorrect cross-reference. The 
regulations at Sec.  635.71(b)(30), (31), (33), (34), and (35), which 
are prohibitions for fishing Atlantic tunas with speargun gear, contain 
an incorrect cross-reference, which is listed as Sec.  635.21(f) but 
should refer to Sec.  635.21(i). The cross-reference is corrected in 
this final rule.

Public Conference Call and Webinars

    NMFS will hold three public conference call and webinars to provide 
further information about the requirements of the final rule and use of 
the eBCD system. To participate in those calls, use the following 
information:

                          Table 1--Date and Time of Public Conference Call and Webinars
----------------------------------------------------------------------------------------------------------------
                        Date and time                                         Access information
----------------------------------------------------------------------------------------------------------------
April 21, 2016, 2:30-4:30 p.m. Eastern Time.................  To participate in conference call, call: (888) 989-
                                                               4714
                                                              Passcode: 2848482
                                                              To participate in webinar, go to:
                                                              https://noaaevents3.webex.com/noaaevents3/onstage/g.php?MTID=ef13acb1e3c8d48e686c79f590cd8299f
                                                              Meeting Number: 994 455 972
                                                              Meeting Password: tijeshGb
April 22, 2016, 2:30-4:30 p.m. Eastern Time.................  To participate in conference call, call: (800) 779-
                                                               5244
                                                              Passcode: 9942853

[[Page 18798]]

 
                                                              To participate in webinar, go to:
                                                              https://noaaevents3.webex.com/noaaevents3/onstage/g.php?MTID=e82dcb0c46b71284d1e238f1463a91d52
                                                              Meeting Number: 996 520 461
                                                              Meeting Password: HVGU39hq
May 3, 2016, 2:30-4:30 p.m. Eastern Time....................  To participate in conference call, call: (888) 323-
                                                               9870
                                                              Passcode: 8184849
                                                              To participate in webinar, go to:
                                                              https://noaaevents3.webex.com/noaaevents3/onstage/g.php?MTID=edc2f51bca10de37d00803f879302dfcf
                                                              Meeting Number: 998 820 477
                                                              Meeting Password: JwdMqJyU
----------------------------------------------------------------------------------------------------------------

    To participate in the webinars online, enter your name and email 
address, and click the ``JOIN'' button. Participants that have not used 
WebEx before will be prompted to download and run a plug-in program 
that will enable them to view the webinar. Presentation materials and 
other supporting information will be posted on the HMS Web site at 
www.nmfs.noaa.gov/sfa/hms.

Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with the Magnuson-Stevens Act, the 2006 Consolidated 
Atlantic HMS FMP and its amendments, ATCA, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    In addition, NMFS has determined that this final rule would not 
affect the coastal zone of any state, and a negative determination 
pursuant to 15 CFR 930.35 is not required. Therefore, pursuant to 15 
CFR 930.33(a)(2), coordination with appropriate state agencies under 
Section 307 of the Coastal Zone Management Act is not required.
    This final action is categorically excluded from the requirement to 
prepare an environmental assessment in accordance with NAO 216-6. A 
categorical exclusion applies because the rule would implement minor 
adjustments to regulations and would not have a significant effect, 
individually or cumulatively, on the human environment. This action 
also does not directly affect fishing effort, quotas, fishing gear, 
authorized species, interactions with threatened or endangered species, 
or other relevant parameters.
    This final rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction 
Act. ICCAT Recommendation 15-10 requires transition from the paper-
based BCD program to an eBCD system with certain limited exceptions. To 
comply with this Recommendation, NMFS will require Atlantic bluefin 
tuna dealers with HMS ITPs to use the eBCD system effective May 1, 
2016. An amendment to OMB Control Number 0648-0040 (Dealer Reporting 
Family of Forms) has been approved by the Office of Management and 
Budget.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration 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 the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification or on the impacts of the rule more 
generally. As a result, a regulatory flexibility analysis is not 
required and none has been prepared.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on the following three 
changes made in this final rule, as notice and comment would be 
impracticable, unnecessary, and contrary to the public interest. As 
explained above, this final rule makes three changes to the final rule: 
(1) A notice provision that allows for paper BCDs instead of eBCDs if 
NFMS provides actual notice or a Federal Register notice; (2) 
reinsertion of inadvertently-deleted text that allows Internet 
submission of bluefin dealer reports; and (3) correction of speargun 
cross-references.
    With regard to the first change, prior notice and comment would be 
impracticable, contrary to the public interest, and unnecessary. ICCAT 
Recommendation 15-10, adopted after the proposed rule was published, 
included a provision on certain circumstances under which paper BCDs 
could continue to be accepted in lieu of eBCDs. These circumstances 
include using paper BCDs or printed eBCDs as a back-up in the limited 
event that technical difficulties with the system arise that preclude 
use of the eBCD system. The Recommendation also specified a process 
through which a TWG would make a determination regarding whether the 
system was sufficiently ready for implementation and specified that 
paper BCDs would be accepted until that determination was made. NMFS 
recently learned that the relevant TWG meeting will not take place 
until late April 2016. Thus, in the unlikely event that the system is 
not ready to be implemented, NMFS must have an option to allow the use 
of paper BCDs to ensure that bluefin tuna trade is not disrupted. On 
the other hand, if the system is ready for implementation, the final 
rule must be in place to ensure compliance with ICCAT recommendations 
and to switch over to the eBCD system. Given the unexpectedly late 
timing of TWG review, the simultaneous potential requirement to 
implement the system by May 1, and the need to have a back-up system as 
a contingency, the time required for public notice and comment would be 
impracticable. Moreover, not allowing this change is contrary to the 
public interest. In the absence of a paper-based option, if the eBCD 
system experiences technical problems, bluefin dealers with HMS ITPs 
would not be able to proceed with imports and exports of bluefin. 
Currently, dealers use paper BCDs, thus it is unnecessary to provide 
for notice and comment on continued--albeit, more limited--use of these 
documents.
    With regard to the second change, prior notice and comment are 
contrary to the public interest and unnecessary. The final rule for 
Amendment 7 inadvertently deleted text from a prior rulemaking, the 
2006 Consolidated HMS FMP (71 FR 58058; October 2, 2006), that allowed 
bluefin tuna dealers to

[[Page 18799]]

submit reports via the internet. The regulations thus require reporting 
only via fax, which is more burdensome than using the internet. NMFS 
only recently learned about the error, and needs to make a correction 
immediately because current regulations without the reinserted text are 
confusing, inconsistent with established reporting practice, and 
burdensome. Furthermore, NMFS previously allowed notice and comment on 
the 2006 Consolidated HMS FMP, Amendment 7 never intended to change 
this reporting provision, and the record clearly reflects the intent to 
have an internet option.
    There is also good cause to waive prior notice and comment for the 
third change. As currently written, the speargun prohibitions 
incorrectly cross-reference rod-and-reel provisions. Prior notice and 
comment on corrections to these cross-references is impracticable 
because NMFS just learned about the error and failure to make this 
minor change in a timely fashion may result in ongoing and unnecessary 
confusion among regulated parties. This confusion regarding the 
regulations could create enforcement issues with no corresponding 
benefit to the public. Thus, delaying the change to allow for notice 
and comment would be contrary to the public interest.

List of Subjects

50 CFR Part 300

    Administrative practice and procedure, Exports, Fish, Fisheries, 
Fishing, Imports, Reporting and recordkeeping requirements, Treaties.

50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Treaties.

    Dated: March 29, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For reasons set out in the preamble, 50 CFR part 300, subpart M, 
and 50 CFR part 635 are proposed to be amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

0
1. The authority citation for part 300, subpart M, continues to read as 
follows:

    Authority: 16 U.S.C. 951-961 and 971 et seq.; 16 U.S.C. 1801 et 
seq.


0
2. In Sec.  300.181:
0
a. Revise the definitions for ``BCD tag'' and ``Consignment document''; 
and
0
b. Add definitions for ``eBCD'' and ``eBCD system'' in alphabetical 
order.
    The revisions and additions read as follows:


Sec.  300.181  Definitions.

* * * * *
    BCD tag means a numbered tag affixed to a bluefin tuna issued by 
any country in conjunction with a catch statistics information program 
and recorded on a BCD or eBCD.
* * * * *
    Consignment document means either an ICCAT eBCD or paper BCD issued 
by a nation to comply with the ICCAT bluefin tuna catch documentation 
program consistent with ICCAT recommendations; or an ICCAT, IATTC, 
IOTC, or CCSBT statistical document or a statistical document issued by 
a nation to comply with such statistical document programs.
* * * * *
    eBCD means an electronic bluefin tuna catch document (eBCD) 
generated by the ICCAT eBCD system to track bluefin tuna catch and 
trade as specified in ICCAT recommendations.
    eBCD system is the ICCAT electronic system for creating, editing, 
and transmitting ICCAT catch and trade documentation for bluefin tuna 
as specified in ICCAT recommendations and required in these 
regulations.
* * * * *

0
3. In Sec.  300.185:
0
a. Revise paragraphs (a)(2)(ii) through (vii);
0
b. Remove paragraphs (a)(2)(viii) and (ix); and
0
c. Revise paragraphs (a)(3), (b)(2) and (3), (c)(2)(i) and (iii), and 
(c)(3).
    The revisions read as follows:


Sec.  300.185  Documentation, reporting and recordkeeping requirements 
for consignment documents and re-export certificates.

    (a) * * *
    (2) * * *
    (ii) Bluefin tuna:
    (A) Imports which were re-exported from another nation must also be 
accompanied by an original, completed, approved, validated, species-
specific re-export certificate.
    (1) For Atlantic bluefin tuna, this requirement must be satisfied 
by electronic receipt and completion of a re-export certificate in the 
ICCAT eBCD system, unless NMFS provides otherwise through actual notice 
or Federal Register notice.
    (2) For non-Atlantic bluefin tuna, this requirement must be 
satisfied with the original paper re-export certificate.
    (B) Bluefin tuna, imported into the Customs territory of the United 
States or entered for consumption into the separate customs territory 
of a U.S. insular possession, from a country requiring a BCD tag on all 
such bluefin tuna available for sale, must be accompanied by the 
appropriate BCD tag issued by that country, and said BCD tag must 
remain on any bluefin tuna until it reaches its final import 
destination. If the final import destination is the United States, 
which includes U.S. insular possessions, the BCD tag must remain on the 
bluefin tuna until it is cut into portions. If the bluefin tuna 
portions are subsequently packaged for domestic commercial use or re-
export, the BCD tag number and the issuing country must be written 
legibly and indelibly on the outside of the package.
    (iii) Fish or fish products regulated under this subpart other than 
bluefin tuna and shark fins:
    (A) Imports that were previously re-exported and were subdivided or 
consolidated with another consignment before re-export, must also be 
accompanied by an original, completed, approved, validated, species-
specific re-export certificate.
    (B) Imports that have been previously re-exported from another 
nation must have the intermediate importer's certification of the 
original statistical document completed.
    (iv) Consignment documents must be validated as specified in Sec.  
300.187 by an authorized government official of the flag country whose 
vessel caught the fish (regardless of where the fish are first landed). 
Re-export certificates must be validated by an authorized government 
official of the re-exporting country. For electronically generated 
Atlantic bluefin tuna catch documents, validation must be electronic 
using the ICCAT eBCD system.
    (v) A permit holder may not accept an import without the completed 
consignment document or re-export certificate as described in 
paragraphs (a)(2)(i) through (iv) of this section.
    (vi) For fish or fish products, except shark fins, regulated under 
this subpart that are entered for consumption, the permit holder must 
provide correct and complete information, as requested by NMFS, on the 
original consignment document that accompanied the consignment.
    (A) For Atlantic bluefin tuna, this information must be provided 
electronically in the ICCAT eBCD system, unless NMFS provides otherwise 
through actual notice or Federal Register notice.
    (B) For non-Atlantic bluefin tuna, this information must be 
provided on the

[[Page 18800]]

original paper consignment document that accompanied the consignment.
    (vii) Customs forms can be obtained by contacting the local CBP 
port office; contact information is available at www.cbp.gov. For a 
U.S. insular possession, contact the local customs office for any forms 
required for entry.
    (3) Reporting requirements. For fish or fish products regulated 
under this subpart, except shark fins, that are entered for consumption 
and whose final destination is within the United States, which includes 
U.S. insular possessions, a permit holder must submit to NMFS the 
original consignment document that accompanied the fish product as 
completed under paragraph (a)(2) of this section, to be received by 
NMFS along with the biweekly report as required under Sec.  300.183(a). 
A copy of the original completed consignment document must be submitted 
by the permit holder, to be received by NMFS, at an address designated 
by NMFS, within 24 hours of the time the fish product was entered for 
consumption into the Customs territory of the United States, or the 
separate customs territory of a U.S. insular possession.
    (i) For Atlantic bluefin tuna, this requirement must be satisfied 
electronically by entering the specified information into the ICCAT 
eBCD system as directed in paragraph (a)(2)(vi)(A) of this section, 
unless NMFS provides otherwise through actual notice or Federal 
Register notice.
    (ii) For non-Atlantic bluefin tuna, this requirement must be 
satisfied by submitting the original paper consignment document.
    (b) * * *
    (2) Documentation requirements. A permit holder must complete an 
original, approved, numbered, species-specific consignment document 
issued to that permit holder by NMFS for each export referenced under 
paragraph (b)(1) of this section. Such an individually numbered 
document is not transferable and may be used only once by the permit 
holder to which it was issued to report on a specific export 
consignment. A permit holder must provide on the consignment document 
the correct information and exporter certification. The consignment 
document must be validated, as specified in Sec.  300.187, by NMFS, or 
another official authorized by NMFS. A list of such officials may be 
obtained by contacting NMFS. A permit holder requesting U.S. 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 
consignment.
    (i) For Atlantic bluefin tuna, this requirement must be satisfied 
by electronic completion of a consignment document in the ICCAT eBCD 
system, unless NMFS provides otherwise through actual notice or Federal 
Register notice.
    (ii) For non-Atlantic bluefin tuna, this requirement must be 
satisfied by completion of a paper consignment document.
    (3) Reporting requirements. A permit holder must ensure that the 
original, approved, consignment document as completed under paragraph 
(b)(2) of this section accompanies the export of such products to their 
export destination. A copy of the consignment document must be received 
by NMFS, at an address designated by NMFS, within 24 hours of the time 
the fish product was exported from the United States or a U.S. insular 
possession.
    (i) For Atlantic bluefin tuna, this requirement must be satisfied 
electronically by entering the specified information into the ICCAT 
eBCD system as directed in paragraph (b)(2)(i) of this section, unless 
NMFS provides otherwise through actual notice or Federal Register 
notice.
    (ii) For non-Atlantic bluefin tuna, this requirement must be 
satisfied by submitting the original paper consignment document.
    (c) * * *
    (2) * * *
    (i) If a permit holder re-exports a consignment of bluefin tuna, or 
subdivides or consolidates a consignment of fish or fish products 
regulated under this subpart, other than shark fins, that was 
previously entered for consumption as described in paragraph (c)(1) of 
this section, the permit holder must complete an original, approved, 
individually numbered, species-specific re-export certificate issued to 
that permit holder by NMFS for each such re-export consignment. Such an 
individually numbered document is not transferable and may be used only 
once by the permit holder to which it was issued to report on a 
specific re-export consignment. A permit holder must provide on the re-
export certificate the correct information and re-exporter 
certification. The permit holder must also attach the original 
consignment document that accompanied the import consignment or a copy 
of that document, and must note on the top of both the consignment 
documents and the re-export certificates the entry number assigned by 
CBP authorities at the time of filing the entry summary.
    (A) For Atlantic bluefin tuna, these requirements must be satisfied 
by electronic completion of a re-export certificate in the ICCAT eBCD 
system, unless NMFS provides otherwise through actual notice or Federal 
Register notice.
    (B) For non-Atlantic bluefin tuna, these requirements must be 
satisfied by completion of a paper re-export certificate.
* * * * *
    (iii) Re-export certificates must be validated, as specified in 
Sec.  300.187, by NMFS or another official authorized by NMFS. A list 
of such officials may be obtained by contacting NMFS. A permit holder 
requesting validation for re-exports should notify NMFS as soon as 
possible to avoid delays in inspection and validation of the re-export 
shipment. Electronic re-export certificates created for Atlantic 
bluefin tuna using the ICCAT eBCD system will be validated 
electronically.
    (3) Reporting requirements. For each re-export, a permit holder 
must submit the original of the completed re-export certificate (if 
applicable) and the original or a copy of the original consignment 
document completed as specified under paragraph (c)(2) of this section, 
to accompany the consignment of such products to their re-export 
destination. A copy of the completed consignment document and re-export 
certificate (if applicable) must be submitted to NMFS, at an address 
designated by NMFS, and received by NMFS within 24 hours of the time 
the consignment was re-exported from the United States.
    (i) For Atlantic bluefin tuna, this requirement must be satisfied 
electronically by entering the specified information into the ICCAT 
eBCD system as directed in paragraph (c)(2)(i)(A) of this section, 
unless NMFS provides otherwise through actual notice or Federal 
Register notice.
    (ii) For non-Atlantic bluefin tuna, this requirement must be 
satisfied by submitting the original paper re-export certificate.
* * * * *

0
4. In Sec.  300.186, revise paragraph (a) to read as follows:


Sec.  300.186  Completed and approved documents.

    (a) NMFS-approved forms. A NMFS-approved consignment document or 
re-export certificate may be obtained from NMFS to accompany exports of 
fish or fish products regulated under this subpart from the Customs 
territory of the United States or the separate customs territory of a 
U.S. insular possession.
* * * * *

[[Page 18801]]


0
5. In Sec.  300.187, revise paragraphs (f) introductory text and (f)(2) 
to read as follows:


Sec.  300.187  Validation requirements.

* * * * *
    (f) BCD tags. The requirements of this paragraph apply to Pacific 
bluefin tuna. Requirements for tagging Atlantic bluefin tuna are 
specified in Sec.  635.5.
* * * * *
    (2) Transfer. BCD tags for use on Pacific bluefin tuna issued under 
this section are not transferable and are usable only by the permit 
holder to whom they are issued.
* * * * *

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
6. The authority citation for part 635 continues to read as follows:

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.


0
7. In Sec.  635.5, revise paragraph (b)(2)(i)(A) to read as follows:


Sec.  635.5  Recordkeeping and reporting.

* * * * *
    (b) * * *
    (2) * * *
    (i) * * *
    (A) Landing reports. Each dealer with a valid Atlantic Tunas dealer 
permit issued under Sec.  635.4 must submit the landing reports to NMFS 
for each bluefin received from a U.S. fishing vessel. Such reports must 
be submitted electronically by sending a facsimile or, once available, 
via the Internet, to a number or a web address designated by NMFS not 
later than 24 hours after receipt of the bluefin. Landing reports must 
include the name and permit number of the vessel that landed the 
bluefin and other information regarding the catch as instructed by 
NMFS. Landing reports submitted via facsimile must be signed by the 
permitted vessel owner or operator immediately upon transfer of the 
bluefin. When purchasing bluefin tuna from eligible IBQ Program 
participants or Atlantic Tunas Purse Seine category participants, 
permitted Atlantic Tunas dealers must also enter landing reports into 
the electronic IBQ System established under 635.15, not later than 24 
hours after receipt of the bluefin. The vessel owner or operator must 
confirm that the IBQ System landing report information is accurate by 
entering a unique PIN when the dealer report is submitted. The dealer 
must inspect the vessel's permit to verify that it is a commercial 
category, the required vessel name and permit number as listed on the 
permit are correctly recorded on the landing report, and that the 
vessel permit has not expired.
* * * * *

0
8. In Sec.  635.71, revise paragraphs (b)(30), (31), (33), (34), and 
(35) to read as follows:


Sec.  635.71  Prohibitions.

* * * * *
    (b) * * *
    (30) Fish for any HMS, other than Atlantic BAYS tunas, with 
speargun fishing gear, as specified at Sec.  635.21(i).
    (31) Harvest or fish for BAYS tunas using speargun gear with 
powerheads, or any other explosive devices, as specified in Sec.  
635.21(i).
* * * * *
    (33) Fire or discharge speargun gear without being physically in 
the water, as specified at Sec.  635.21(i).
    (34) Use speargun gear to harvest a BAYS tuna restricted by fishing 
lines or other means, as specified at Sec.  635.21(i).
    (35) Use speargun gear to fish for BAYS tunas from a vessel that 
does not possess either a valid HMS Angling or HMS Charter/Headboat 
permit, as specified at Sec.  635.21(i).
* * * * *
[FR Doc. 2016-07428 Filed 3-31-16; 8:45 am]
 BILLING CODE 3510-22-P