Importation, Exportation, and Transportation of Wildlife, Shellfish, and Fishery Products; Importation and Exportation of Green Sea Urchins, 29807-29808 [2019-13492]

Download as PDF Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Rules and Regulations The amendments to §§ 74.1203(a)(3) and 74.1204(f), which contain new or modified information collection requirements that require approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA), will become effective after the Commission publishes a document in the Federal Register announcing such approval and the relevant effective date. The Federal Communications Commission will publish a separate document in the Federal Register announcing the effective date of these amendments. Correction In the Federal Register of June 14, 2019, in FR Doc. 2019–12127, on page 27734, in the first and second columns, the DATES caption was incorrect. The DATES caption in this document is the correct effective date for the June 14, 2019, rule. Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer. [FR Doc. 2019–13271 Filed 6–24–19; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 14 [Docket No. FWS–HQ–LE–2019–0041; FF09L00200–FX–LE18110900000] RIN 1018–BE35 Importation, Exportation, and Transportation of Wildlife, Shellfish, and Fishery Products; Importation and Exportation of Green Sea Urchins Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: The U.S. Fish and Wildlife Service (Service) is amending our regulations regarding the importation and exportation of green sea urchins. We are issuing this final rule pursuant to the Agriculture Improvement Act of 2018, which includes a provision that directs the Director of the Service to revise our regulations pertaining to import/export licenses to exempt the exportation of green sea urchins under certain circumstances. DATES: This action is effective June 25, 2019. ADDRESSES: This final rule is available on the internet at http:// www.regulations.gov in Docket No. FWS–HQ–LE–2019–0041. khammond on DSKBBV9HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 20:28 Jun 24, 2019 Jkt 247001 Dan Coil, Special Agent in Charge, Branch of Investigations, U.S. Fish and Wildlife Service, Office of Law Enforcement, (703) 358–1949. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background On December 20, 2018, Congress passed the Agriculture Improvement Act of 2018, P.L. 115–334, 132 Stat. 4490. Section 12617 of the Act, ‘‘Exemption of exportation of certain echinoderms from permission and licensing requirements,’’ requires the Service to amend its regulations in title 50 of the Code of Federal Regulations at 50 CFR 14.92 to add an exemption for green sea urchins. In particular, Congress directed the Service to add an exemption for ‘‘members of the species Strongylocentrotus droebachiensis (commonly known as the ‘‘green sea urchin’’)’’ and any products of that species that are harvested in U.S. waters or imported for processing pursuant to an import license, and then exported for human or animal consumption, and that otherwise do not require a permit. See section 12617(c) of the Agriculture Improvement Act of 2018, Public Law 115–334, 132 Stat. 4490 (2018). Section 12617 of the Agriculture Improvement Act of 2018 also prohibits application of the regulatory exemptions to persons who have been convicted of certain Federal wildlife laws within the last 5 years. (Sec. 12617(b)(2)). In addition, the regulatory exemptions will not apply in States if the State agencies that regulate or oversee the fisheries where green sea urchins are harvested have not submitted certain conservation and management data to the Interstate Fisheries Management Program Policy Board of the applicable Marine Fisheries Commission. A State may also be excluded if the applicable Marine Fisheries Commission determines that the information provided fails to prove that the State is engaged in ‘‘conservation and management’’ of the green sea urchin. (Sec. 12617(d)). This Rule The current regulations in 50 CFR part 14 provide requirements for importation, exportation, and transportation of wildlife. The regulations at 50 CFR 14.92 list four exemptions to the import/export license requirement, including an exemption for certain shellfish and nonliving fishery products that are imported or exported for purposes of human or animal consumption or taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 29807 Per direction of the Agriculture Improvement Act of 2018, we now amend the regulations at 50 CFR 14.92. The rule language at the end of this document precisely tracks the language of the Agriculture Improvement Act of 2018, with only minor formatting modifications appropriate for inclusion as regulatory language. Accordingly, this final rule adds a fifth exemption to 50 CFR 14.92 for certain green sea urchins (Strongylocentrotus droebachiensis), including any products of that species, that are taken in waters under the jurisdiction of the United States, or are imported into the United States for processing and are exported for purposes of human or animal consumption. This final rule also incorporates the two statutory exceptions to the new exemption from the import/export license requirement. First, § 14.92(a)(5)(ii) provides that the exemption does not apply to any person who has been convicted of one or more violations of a Federal law relating to the importation, transportation, or exportation of wildlife during the previous 5 years. Second, § 14.92(a)(5)(iii) provides that the exemption does not apply in a State that fails to transmit data as required by section 12617(d) of the Agriculture Improvement Act of 2018, or if the applicable Marine Fisheries Commission determines that the data transmitted fails to prove that the State is engaged in conservation and management of the green sea urchin. Effective Date This final rule is effective upon publication in the Federal Register. Section 12617 of subtitle F, General Provisions, of Public Law 115–334, directs the Director of the U.S. Fish and Wildlife Service to issue, within 90 days of enactment of the law, this final rule. Required Determinations This rulemaking implements section 12617 of subtitle F of Public Law 115– 334. Issuance of this rule is a nondiscretionary act for the U.S. Fish and Wildlife Service. Therefore, the promulgation of this rule is not subject to any other provision of statute or regulation that applies to the issuance of Federal rules. Accordingly, in issuing this rule, the Service has not made and is not required to make determinations otherwise required by statute, regulation, or Executive Order for the promulgation of Federal rules. List of Subjects in 50 CFR Part 14 Animal welfare, Exports, Fish, Imports, Labeling, Reporting and E:\FR\FM\25JNR1.SGM 25JNR1 29808 Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Rules and Regulations Dated: June 18, 2019. Ryan Hambleton, Deputy Assistant Secretary for Fish and Wildlife and Parks. recordkeeping requirements, Transportation, Wildlife. Regulation Promulgation For the reasons described above, we hereby amend part 14, subchapter B of chapter I, title 50 of the Code of Federal Regulations as set forth below. National Oceanic and Atmospheric Administration 1. The authority citation for part 14 is revised to read as follows: ■ Authority: 16 U.S.C. 668, 704, 712, 1382, 1538(d)–(f), 1540(f), 3371–3378, 4223–4244, and 4901–4916; 18 U.S.C. 42; 31 U.S.C. 9701; Pub. L. 115–334, 132 Stat. 4490. 2. Amend § 14.92 by adding paragraph (a)(5) to read as follows: ■ khammond on DSKBBV9HB2PROD with RULES § 14.92 What are the exemptions to the import/export license requirement? (a) * * * (5)(i) Except as provided in paragraphs (a)(5)(ii) and (iii) of this section, green sea urchins, Strongylocentrotus droebachiensis, including any products of that species, that: (A) Do not require a permit under part 16, 17, or 23 of this subchapter; (B) Are taken in waters under the jurisdiction of the United States or are imported into the United States for processing pursuant to the licensing requirements of § 14.91; and (C) Are exported for purposes of human or animal consumption. (ii) The exemption in paragraph (a)(5)(i) of this section does not apply to any person who has been convicted of one or more violations of a Federal law relating to the importation, transportation, or exportation of wildlife during the previous 5 years. (iii) The exemption in paragraph (a)(5)(i) of this section does not apply in any State that does not annually provide ‘‘conservation and management’’ data, as defined in section 3 of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1802), to the applicable Marine Fisheries Commission, or, if the State does provide the ‘‘conservation and management’’ data, and the applicable Marine Fisheries Commission determines, in consultation with the primary research agency of such Commission, after notice and an opportunity to comment, that the data fails to prove that the State agency or official is engaged in conservation and management of the green sea urchin. * * * * * 20:28 Jun 24, 2019 Jkt 247001 BILLING CODE 4333–15–P DEPARTMENT OF COMMERCE PART 14—IMPORTATION, EXPORTATION AND TRANSPORTATION OF WILDLIFE VerDate Sep<11>2014 [FR Doc. 2019–13492 Filed 6–24–19; 8:45 am] 50 CFR Part 635 [Docket No. 150413357–5999–02] RIN 0648–XT003 Atlantic Highly Migratory Species; Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Group Retention Limit Adjustment National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason retention limit adjustment. AGENCY: NMFS is adjusting the commercial aggregated large coastal shark (LCS) and hammerhead shark management group retention limit for directed shark limited access permit holders in the Atlantic region from 3 LCS other than sandbar sharks per vessel per trip to 36 LCS other than sandbar sharks per vessel per trip. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments. The retention limit will remain at 36 LCS other than sandbar sharks per vessel per trip in the Atlantic region through the rest of the 2019 fishing season or until NMFS announces via a notice in the Federal Register another adjustment to the retention limit or a fishery closure. This retention limit adjustment affects anyone with a directed shark limited access permit fishing for LCS in the Atlantic region. DATES: This retention limit adjustment is effective on June 25, 2019, through December 31, 2019, or until NMFS announces via a notice in the Federal Register another adjustment to the retention limit or a fishery closure, if warranted. SUMMARY: FOR FURTHER INFORMATION CONTACT: Lauren Latchford, Guy´ DuBeck, or Karyl Brewster-Geisz 301–427–8503; fax 301– 713–1917. SUPPLEMENTARY INFORMATION: Atlantic shark fisheries are managed under the 2006 Consolidated Highly Migratory PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Species (HMS) Fishery Management Plan (FMP), its amendments, and implementing regulations (50 CFR part 635) issued under authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). Atlantic shark fisheries have separate regional (Gulf of Mexico and Atlantic) quotas for all management groups except those for blue shark, porbeagle shark, pelagic sharks (other than porbeagle or blue sharks), and the shark research fishery for LCS and sandbar sharks. The boundary between the Gulf of Mexico region and the Atlantic region is defined at § 635.27(b)(1) as a line beginning on the East Coast of Florida at the mainland at 25°20.4′ N. lat. proceeding due east. Any water and land to the north and east of that boundary is considered, for the purposes of setting and monitoring quotas, to be within the Atlantic region. This inseason action only affects the aggregated LCS and hammerhead shark management groups in the Atlantic region. Under § 635.24(a)(8), NMFS may adjust the commercial retention limits in the shark fisheries during the fishing season. Before making any adjustment, NMFS must consider specified regulatory criteria (see § 635.24(a)(8)(i) through (vi)). After considering these criteria as discussed below, NMFS has concluded that increasing the retention limit of the Atlantic aggregated LCS and hammerhead management groups for directed shark limited access permit holders in the Atlantic region will allow use of available aggregated LCS and hammerhead shark management group quotas and will provide fishermen throughout the region equitable fishing opportunities for the rest of the year. Therefore, NMFS is increasing the commercial Atlantic aggregated LCS and hammerhead shark retention limit in the Atlantic region from 3 to 36 LCS other than sandbar shark per vessel per trip. NMFS considered the inseason retention limit adjustment criteria listed at § 635.24(a)(8)(i) through (vi), which includes: • The amount of remaining shark quota in the relevant area, region, or sub-region to date, based on dealer reports. Based on dealer reports through June 14, 2019, approximately 12 percent, or 19.7 metric tons (mt) dressed weight (dw) (43,409 lb dw) of the 168.9 mt dw shark quota for aggregated LCS and approximately 31 percent, or 8.4 mt dw (18,465 lb dw) of the 27.1 mt dw shark quota for the hammerhead management groups have been harvested in the Atlantic region. This means that E:\FR\FM\25JNR1.SGM 25JNR1

Agencies

[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Rules and Regulations]
[Pages 29807-29808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13492]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 14

[Docket No. FWS-HQ-LE-2019-0041; FF09L00200-FX-LE18110900000]
RIN 1018-BE35


Importation, Exportation, and Transportation of Wildlife, 
Shellfish, and Fishery Products; Importation and Exportation of Green 
Sea Urchins

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) is amending our 
regulations regarding the importation and exportation of green sea 
urchins. We are issuing this final rule pursuant to the Agriculture 
Improvement Act of 2018, which includes a provision that directs the 
Director of the Service to revise our regulations pertaining to import/
export licenses to exempt the exportation of green sea urchins under 
certain circumstances.

DATES: This action is effective June 25, 2019.

ADDRESSES: This final rule is available on the internet at http://www.regulations.gov in Docket No. FWS-HQ-LE-2019-0041.

FOR FURTHER INFORMATION CONTACT: Dan Coil, Special Agent in Charge, 
Branch of Investigations, U.S. Fish and Wildlife Service, Office of Law 
Enforcement, (703) 358-1949.

SUPPLEMENTARY INFORMATION: 

Background

    On December 20, 2018, Congress passed the Agriculture Improvement 
Act of 2018, P.L. 115-334, 132 Stat. 4490. Section 12617 of the Act, 
``Exemption of exportation of certain echinoderms from permission and 
licensing requirements,'' requires the Service to amend its regulations 
in title 50 of the Code of Federal Regulations at 50 CFR 14.92 to add 
an exemption for green sea urchins. In particular, Congress directed 
the Service to add an exemption for ``members of the species 
Strongylocentrotus droebachiensis (commonly known as the ``green sea 
urchin'')'' and any products of that species that are harvested in U.S. 
waters or imported for processing pursuant to an import license, and 
then exported for human or animal consumption, and that otherwise do 
not require a permit. See section 12617(c) of the Agriculture 
Improvement Act of 2018, Public Law 115-334, 132 Stat. 4490 (2018).
    Section 12617 of the Agriculture Improvement Act of 2018 also 
prohibits application of the regulatory exemptions to persons who have 
been convicted of certain Federal wildlife laws within the last 5 
years. (Sec. 12617(b)(2)). In addition, the regulatory exemptions will 
not apply in States if the State agencies that regulate or oversee the 
fisheries where green sea urchins are harvested have not submitted 
certain conservation and management data to the Interstate Fisheries 
Management Program Policy Board of the applicable Marine Fisheries 
Commission. A State may also be excluded if the applicable Marine 
Fisheries Commission determines that the information provided fails to 
prove that the State is engaged in ``conservation and management'' of 
the green sea urchin. (Sec. 12617(d)).

This Rule

    The current regulations in 50 CFR part 14 provide requirements for 
importation, exportation, and transportation of wildlife. The 
regulations at 50 CFR 14.92 list four exemptions to the import/export 
license requirement, including an exemption for certain shellfish and 
nonliving fishery products that are imported or exported for purposes 
of human or animal consumption or taken in waters under the 
jurisdiction of the United States or on the high seas for recreational 
purposes.
    Per direction of the Agriculture Improvement Act of 2018, we now 
amend the regulations at 50 CFR 14.92. The rule language at the end of 
this document precisely tracks the language of the Agriculture 
Improvement Act of 2018, with only minor formatting modifications 
appropriate for inclusion as regulatory language.
    Accordingly, this final rule adds a fifth exemption to 50 CFR 14.92 
for certain green sea urchins (Strongylocentrotus droebachiensis), 
including any products of that species, that are taken in waters under 
the jurisdiction of the United States, or are imported into the United 
States for processing and are exported for purposes of human or animal 
consumption. This final rule also incorporates the two statutory 
exceptions to the new exemption from the import/export license 
requirement. First, Sec.  14.92(a)(5)(ii) provides that the exemption 
does not apply to any person who has been convicted of one or more 
violations of a Federal law relating to the importation, 
transportation, or exportation of wildlife during the previous 5 years. 
Second, Sec.  14.92(a)(5)(iii) provides that the exemption does not 
apply in a State that fails to transmit data as required by section 
12617(d) of the Agriculture Improvement Act of 2018, or if the 
applicable Marine Fisheries Commission determines that the data 
transmitted fails to prove that the State is engaged in conservation 
and management of the green sea urchin.

Effective Date

    This final rule is effective upon publication in the Federal 
Register. Section 12617 of subtitle F, General Provisions, of Public 
Law 115-334, directs the Director of the U.S. Fish and Wildlife Service 
to issue, within 90 days of enactment of the law, this final rule.

Required Determinations

    This rulemaking implements section 12617 of subtitle F of Public 
Law 115-334. Issuance of this rule is a nondiscretionary act for the 
U.S. Fish and Wildlife Service. Therefore, the promulgation of this 
rule is not subject to any other provision of statute or regulation 
that applies to the issuance of Federal rules. Accordingly, in issuing 
this rule, the Service has not made and is not required to make 
determinations otherwise required by statute, regulation, or Executive 
Order for the promulgation of Federal rules.

List of Subjects in 50 CFR Part 14

    Animal welfare, Exports, Fish, Imports, Labeling, Reporting and

[[Page 29808]]

recordkeeping requirements, Transportation, Wildlife.

Regulation Promulgation

    For the reasons described above, we hereby amend part 14, 
subchapter B of chapter I, title 50 of the Code of Federal Regulations 
as set forth below.

PART 14--IMPORTATION, EXPORTATION AND TRANSPORTATION OF WILDLIFE

0
1. The authority citation for part 14 is revised to read as follows:

    Authority:  16 U.S.C. 668, 704, 712, 1382, 1538(d)-(f), 1540(f), 
3371-3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 9701; 
Pub. L. 115-334, 132 Stat. 4490.

0
2. Amend Sec.  14.92 by adding paragraph (a)(5) to read as follows:


Sec.  14.92   What are the exemptions to the import/export license 
requirement?

    (a) * * *
    (5)(i) Except as provided in paragraphs (a)(5)(ii) and (iii) of 
this section, green sea urchins, Strongylocentrotus droebachiensis, 
including any products of that species, that:
    (A) Do not require a permit under part 16, 17, or 23 of this 
subchapter;
    (B) Are taken in waters under the jurisdiction of the United States 
or are imported into the United States for processing pursuant to the 
licensing requirements of Sec.  14.91; and
    (C) Are exported for purposes of human or animal consumption.
    (ii) The exemption in paragraph (a)(5)(i) of this section does not 
apply to any person who has been convicted of one or more violations of 
a Federal law relating to the importation, transportation, or 
exportation of wildlife during the previous 5 years.
    (iii) The exemption in paragraph (a)(5)(i) of this section does not 
apply in any State that does not annually provide ``conservation and 
management'' data, as defined in section 3 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1802), to the 
applicable Marine Fisheries Commission, or, if the State does provide 
the ``conservation and management'' data, and the applicable Marine 
Fisheries Commission determines, in consultation with the primary 
research agency of such Commission, after notice and an opportunity to 
comment, that the data fails to prove that the State agency or official 
is engaged in conservation and management of the green sea urchin.
* * * * *

    Dated: June 18, 2019.
Ryan Hambleton,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2019-13492 Filed 6-24-19; 8:45 am]
BILLING CODE 4333-15-P