Implementation of Fish and Fish Product Import Provisions of the Marine Mammal Protection Act-Notification of Revocation of Comparability Findings and Implementation of Import Restrictions; Certification of Admissibility for Certain Fish Products From Mexico, 13626-13631 [2020-04692]
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Notices
351.218(a), Commerce intends to initiate
the next sunset review of the order not
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anniversary of the effective date of
continuation.
Notification to Interested Parties
This five-year sunset review and this
notice are in accordance with section
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: March 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–04745 Filed 3–6–20; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Science Advisory Board (SAB);
Solicitation for Members of the NOAA
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Office of Oceanic and
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AGENCY:
NOAA is soliciting
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Science Advisory Board, NOAA, Rm.
11230, 1315 East-West Highway, Silver
Spring, Maryland 20910. (Phone: 301–
734–1156, Fax: 301–713–1459, Email:
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SUMMARY:
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Cynthia.Decker@noaa.gov); or visit the
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SUPPLEMENTARY INFORMATION:
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Dated: February 26, 2020.
David Holst,
Director Chief Financial Officer/CAO, Office
of Oceanic and Atmospheric Research,
National Oceanic and Atmospheric
Administration.
[FR Doc. 2020–04750 Filed 3–6–20; 8:45 am]
BILLING CODE 3510–KD–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XG619]
Implementation of Fish and Fish
Product Import Provisions of the
Marine Mammal Protection Act—
Notification of Revocation of
Comparability Findings and
Implementation of Import Restrictions;
Certification of Admissibility for
Certain Fish Products From Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; revocation of
comparability findings and
implementation of import restrictions
for certain fish and fish products from
Mexico.
AGENCY:
Under the authority of the
Marine Mammal Protection Act
(MMPA), the NMFS Assistant
Administrator for Fisheries (Assistant
Administrator) is revoking the
comparability findings for the following
fisheries authorized by the Government
of Mexico: Upper Gulf of California
shrimp trawl fishery for both small and
large vessels; Upper Gulf of California
shrimp suripera fishery; Upper Gulf of
California sierra purse seine fishery;
Upper Gulf of California sierra hook and
line fishery; Upper Gulf of California
chano trawl fishery, for small vessels;
Upper Gulf of California curvina purse
seine fishery; and Upper Gulf of
California sardine/curvina purse seine
fishery for both small and large vessels.
The Assistant Administrator continues
the determination to deny a
comparability finding for the El Golfo de
Santa Clara curvina rodeo-style gillnet
fishery.
DATES: Compliance with the import
restrictions and Certification of
Admissibility described in this
document is required beginning April 3,
2020, and will remain in effect until
notice is published in the Federal
Register indicating otherwise.
FOR FURTHER INFORMATION CONTACT:
Nina Young, at email: Nina.Young@
noaa.gov or phone: 301–427–8383.
SUMMARY:
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Notices
The
MMPA, 16 U.S.C. 1371 et seq., states
that the Secretary of the Treasury shall
ban the importation of commercial fish
or products from fish which have been
caught with commercial fishing
technology which results in the
incidental kill or incidental serious
injury of ocean mammals in excess of
United States standards. For purposes of
applying this import restriction, the
Secretary of Commerce shall insist on
reasonable proof from the government of
any nation from which fish or fish
products will be exported to the United
States of the effects on ocean mammals
of the commercial fishing technology in
use for such fish or fish products
exported from such nation to the United
States.
NMFS bases its determination to
revoke comparability findings for the
specified Mexican fisheries on the lack
of a regulatory program comparable in
effectiveness to the U.S. regulatory
program for mitigating fishery bycatch
of marine mammals. Therefore, under
the authority of the MMPA, the
Secretary of Commerce, in cooperation
with the Secretaries of Treasury and
Homeland Security, is giving notice of
import restrictions on fish and fish
products from Mexican fisheries
operating in the upper Gulf of
California. The restrictions apply to fish
either caught with gillnets deployed in
the range of the vaquita, an endangered
porpoise, or harvested in the fisheries
listed above. Harmonized Tariff
Schedule (HTS) codes associated with
the prohibited fish and fish products are
identified below. NMFS is also
requiring that all other fish and fish
products not within the scope of the
import restrictions but imported under
the same published HTS codes be
accompanied by a Certification of
Admissibility.
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SUPPLEMENTARY INFORMATION:
Background
On August 15, 2016, NMFS published
a final rule (81 FR 54389) amending the
fish and fish product import provisions
to implement Section 101(a)(2) of the
MMPA (see implementing regulations at
50 CFR 216.24(h)). This final rule
established conditions for evaluating a
harvesting nation’s regulatory programs
to address incidental and intentional
mortality and serious injury of marine
mammals in its commercial fisheries
producing fish and fish products
exported to the United States.
Under the final rule, fish or fish
products cannot be imported into the
United States from commercial fishing
operations that result in the incidental
mortality or serious injury of marine
mammals in excess of U.S. standards
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(16 U.S.C. 1371(a)(2)). NMFS published
a List of Foreign Fisheries (LOFF) on
March 16, 2018 (83 FR 11703) to classify
fisheries subject to the import
requirements. Effective January 1, 2022,
fish and fish products from fisheries
identified by the Assistant
Administrator in the LOFF can only be
imported into the United States if the
harvesting nation has applied for and
received a comparability finding from
NMFS for those fisheries. The rule
established the procedures that a
harvesting nation must follow, and the
conditions it must meet, to receive a
comparability finding for a fishery on
the LOFF. The final rule established a
five-year exemption period, ending
January 1, 2022, before imports would
be subject to any trade restrictions (see
50 CFR 216.24(h)(2)(ii)).
Vaquita are listed as an endangered
species under the U.S. Endangered
Species Act, 16 U.S.C. 1531 et seq., and
are endemic to northern Gulf of
California waters in Mexico. In 2018,
the International Committee for the
Recovery of the Vaquita (CIRVA)—a
group of international scientists
supported by Mexico and led by
Mexican scientists—estimated that
fewer than 22 individuals remain.
Gillnets used to illegally fish for totoaba
(an endangered fish also endemic to the
Gulf of California) are the direct primary
source of current vaquita mortality and
continue to be deployed to supply
China’s black-market demand for
totoaba swim bladders.
On May 18, 2017, Natural Resources
Defense Council (NRDC), Center for
Biological Diversity (CBD), and the
Animal Welfare Institute (AWI)
petitioned the Secretaries of Homeland
Security, the Treasury, and Commerce
to ‘‘ban the importation of commercial
fish or products from fish’’ sourced
using fishing activities that ‘‘result in
the incidental mortality or incidental
serious injury’’ of vaquita ‘‘in excess of
United States standards.’’ The
petitioners requested that the
Secretaries immediately ban imports of
all fish and fish products from Mexico
that do not satisfy the MMPA import
provision requirements, claiming that
emergency action banning such imports
is necessary to avoid immediate,
ongoing, and ‘‘unacceptable risks’’ to
vaquita. NMFS published a notice of the
petition’s receipt on August 22, 2017 (82
FR 39732), in the Federal Register for a
60-day comment period.
On December 21, 2017, the petitioners
filed suit in the United States District
Court for the District of Columbia,
which among other things challenged
the failure of NMFS, the U.S.
Department of Commerce, the U.S.
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13627
Department of the Treasury, and the
U.S. Department of Homeland Security
(‘‘Defendants’’) to respond to the
petition pursuant to the Administrative
Procedure Act (‘‘APA’’) (5 U.S.C. 551–
559; 701–706). On March 21, 2018, the
petitioners filed suit before the Court of
International Trade seeking an
injunction requiring the U.S.
Government to ban the import of fish or
fish products from any Mexican
commercial fishery that uses gillnets
within the vaquita’s range. On April 16,
2018, Petitioners filed a motion for a
preliminary injunction on which oral
argument was held on July 10, 2018.
The Court of International Trade granted
the motion for preliminary injunction
and denied the U.S. Government’s
motion to dismiss the lawsuit. On July
26, 2018, and August 14, 2018, the
Court of International Trade (CIT) (SlipOp 18–92) required the U.S.
Government to ban all fish and fish
products from Mexican commercial
fisheries that use gillnets within the
vaquita’s range, pending final
adjudication of the merits. This ban
includes the importation from Mexico of
all shrimp, curvina, sierra, and chano
fish and their products caught with
gillnets inside the vaquita’s range. To
effect this court order, NMFS published
a Federal Register notice on August 28,
2018 (83 FR 43792), giving notice of
import restrictions on fish and fish
products from Mexico caught with
gillnets deployed in the range of the
vaquita. In that notice, NMFS also
stipulated requirements that all other
fish and fish products not within the
scope of the import restrictions but
imported under the Harmonized Tariff
Schedule (HTS) codes associated with
the prohibited fish and fish products be
accompanied by a Certification of
Admissibility in accordance with the
provisions of 50 CFR 216.24(h)(9).
On November 9, 2018, the
Government of Mexico requested that
the Assistant Administrator make
comparability findings based upon
documentary evidence provided by the
Government of Mexico for the Upper
Gulf of California shrimp trawl fishery
for both small and large vessels; Upper
Gulf of California shrimp suripera 1
fishery; Upper Gulf of California sierra
purse seine fishery; Upper Gulf of
California sierra hook and line fishery;
Upper Gulf of California chano trawl
fishery, for small vessels; Upper Gulf of
California curvina purse seine fishery;
Upper Gulf of California sardine/
curvina purse seine fishery for both
1 Suripera nets rely on utilizing the movement of
the wind and water currents to draw shrimp into
a small-mesh modified cast net.
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Notices
small and large vessels; and El Golfo de
Santa Clara curvina rodeo-style gillnet
fishery. As stated in the final rule (81 FR
54397, August 15, 2016), nothing within
the procedures set forth in 50 CFR
216.24(h) prevents a nation from
implementing a bycatch reduction
regulatory program and seeking a
comparability finding during the fiveyear exemption period (see 50 CFR
216.24(h)(2)(ii)).
On December 6, 2018, NMFS, under
the authority of the MMPA, issued
comparability findings for the following
Government of Mexico’s authorized
fisheries in the Upper Gulf of California:
Shrimp trawl fishery for both small and
large vessels; shrimp suripera fishery;
sierra purse seine fishery; sierra hook
and line fishery; chano trawl fishery, for
small vessels; curvina purse seine
fishery; and sardine/curvina purse seine
fishery for both small and large vessels.
On that same date, NMFS denied a
comparability finding for the El Golfo de
Santa Clara curvina rodeo-style gillnet
fishery in accordance with 50 CFR
216.24(h)(9).
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Revocation of the Comparability
Finding
On April 8, 2019, NMFS notified the
Government of Mexico that it had failed
to put in place and implement a
regulatory program to effectuate the
regulatory improvements identified in
the Plan for Improvement to the
Program on the Comprehensive Care of
the Upper Gulf and the Comprehensive
Program for the Protection and Recovery
of the Vaquita. NMFS stated that absent
such a regulatory program there can be
no comparability finding for the
fisheries for which a comparability
finding was granted. Therefore, under
section 50 CFR 216.24 (h)(8)(vii), NMFS
notified the Government of Mexico that
it was reconsidering the comparability
finding issued to the fisheries operating
in the Upper Gulf of California on the
basis that the Government of Mexico has
failed to put in place a regulatory
program comparable in effectiveness to
the U.S. regulatory program for those
fisheries.
The Government of Mexico has failed
to implement the regulatory plan that
formed the basis for the comparability
findings. Furthermore, the Government
of Mexico has failed to authorize (e.g.,
provide fishing permits) shrimp trawls
for small vessels (e.g., pangas), the only
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legally mandated gear type for
harvesting shrimp and for which a
comparability finding has been made.
Without this authorization, this fishery
cannot legally operate, forcing
fishermen to resort to illegal fishing
either with gillnets (which have been
banned in the shrimp fishery) or
unauthorized trawl gear. Furthermore,
the Government of Mexico has failed to
fully implement and enforce its existing
laws and regulatory regime including
the existing gillnet ban, the provisions
which prohibit fishing in the vaquita
refuge, and inspection of fishing vessels
leaving and arriving to port. In
accordance with the MMPA import
provisions, on September 9, 2019,
NMFS notified the Government of
Mexico, in writing, that it has made a
preliminary finding to revoke the
Government of Mexico’s comparability
finding for the fisheries operating in the
Upper Gulf of California. The
Government of Mexico again failed to
take corrective action to come into
compliance by implementing the
regulatory programs that had formed the
basis for the original comparability
findings.
In accordance with 50 CFR
216.24(h)(8)(vii), a comparability
finding will be terminated or revoked if
the Assistant Administrator determines
that the requirements of 50 CFR
216.24(h)(6) are no longer being met.
Pursuant to 50 CFR 216.24(h)(8)(vii) the
Assistant Administrator has determined
that Mexico’s fisheries operating in the
Upper Gulf of California which
currently possess a comparability
finding are no longer meeting the
requirements of 50 CFR 216.24(h)(6).
Therefore, the Assistant Administrator
is revoking these comparability
findings. In accordance with 50 CFR
216.24(h)(9)(ii), the Government of
Mexico can reapply for a comparability
finding for the affected fisheries at any
time. All other exempt and export
fisheries operating under the control of
the Government of Mexico are still
subject to the five-year exemption
period under 50 CFR 216.24(h)(2)(ii). By
March 1, 2021, per the requirements of
50 CFR 216.24(h)(6), the Government of
Mexico, like all harvesting nations, must
apply a comparability finding for all
fisheries on the List of Foreign
Fisheries, including those in this
Federal Register Notice. By January 1,
2022 all fisheries must have a
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comparability finding in order to export
fish and fish products from those
fisheries to the United States. Also, the
Government of Mexico is still required
to provide a progress report in
accordance with 50 CFR 216.24(h)(10)
for these fisheries and all other fisheries
on its List of Foreign Fisheries.
Pursuant to 50 CFR 216.24(h)(9) the
U.S. government will immediately ban
the importation from Mexico of all
shrimp, curvina, sierra, chano, anchovy,
herrings, sardines, mackerels croaker,
and pilchard fish and fish products,
imported under the HTS codes in Table
1, caught with gillnets inside the
vaquita’s range under section 101(a)(2)
of the MMPA(16 U.S.C. 1371(a)(2)) or
associated with the fisheries for which
a comparability finding has been
revoked.
Curvina, sierra, chano, and pilchard
are not imported into the United States
under HTS codes that are specific to the
type of fish. Instead, these fish are
imported under non-specific fish and
marine fish codes. Consequently, the list
in Table 1 includes those non-specific
HTS codes necessary to encompass the
range of probable codes used for
products subject to the trade restriction.
To allow imports of seafood outside the
scope of these import restrictions, and
to minimize disruptions to trade, fish
and fish products of the same or similar
fish or fish products imported to the
United States under the HTS codes
listed in Table 1 from Mexico that are
not subject to these import prohibitions
must be accompanied by a Certification
of Admissibility. The Certification of
Admissibility and accompanying
instructions are available at https://
www.fisheries.noaa.gov/topic/
international-affairs.
As of the compliance date, imports of
the fish and fish products from Mexico
filed under the HTS codes listed in
Table 1 are required to be accompanied
by a Certification of Admissibility in
order to obtain release of the inbound
shipment. See DATES section for the
compliance date of the requirement for
Certification of Admissibility. The
Certification of Admissibility is an
information collection subject to the
requirements of the Paperwork
Reduction Act and has been approved
by the Office of Management and
Budget under control number 0648–
0651.
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Notices
13629
TABLE 1—HTS CODES REQUIRING A CERTIFICATION OF ADMISSIBILITY
Harmonized Tariff Schedule
2020 Codes
Product description
0302.44.0000 ..................................
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Mackerel (Scomber
scombrus, Scomber australasicus, Scomber japonicus) Fresh chilled whole Atlantic and Blue/Japanese
Mackerel.
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Jack and horse mackerel
(Trachurus spp): Scaled (whether or not heads, viscera and/or fins have been removed, but not otherwise processed), in immediate containers weighing with their contents 6.8 kg or less.
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Jack and horse mackerel
(Trachurus spp): Other.
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Herrings (Clupea
harengus, Clupea pallasii), anchovies (Engraulis spp.), sardines (Sardina pilchardus, Sardinops spp.),
sardinella (Sardinella spp.), brisling or sprats (Sprattus sprattus), mackerel (Scomber scombrus,
Scomber australasicus, Scomber japonicus), Indian mackerels (Rastrelliger spp.), seerfishes
(Scomberomorus spp.), jack and horse mackerel (Trachurus spp.), jacks, crevalles (Caranx spp.), cobia
(Rachycentron canadum), silver pomfrets (Pampus spp.), Pacific saury (Cololabis saira), scads
(Decapterus spp.), capelin (Mallotus villosus), swordfish (Xiphias gladius), Kawakawa (Euthynnus
affinis), bonitos (Sarda spp.), marlins, sailfishes, spearfish (Istiophoridae), excluding edible fish offal of
subheadings 0302.91 to 0302.99: Other Fish.
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Fish of the families
Bregmacerotidae, Euclichthyidae Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and
Muraenolepididae, excluding edible fish offal of subheadings 0302.91 to 0302.99: Other Fish: Scaled
(whether or not heads, viscera and/or fins have been removed, but not otherwise processed), in immediate containers weighing with their contents 6.8 kg or less.
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Fish of the families
Bregmacerotidae, Euclichthyidae Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and
Muraenolepididae, excluding edible fish offal of subheadings 0302.91 to 0302.99: Other Fish: Other:
Other fish.
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Other fish, excluding edible
fish offal of subheadings 0302.91 to 0302.99: Other: Scaled (whether or not heads, viscera and/or fins
have been processed), in immediate containers weighing with their contents 6.8 kg or less: Other Fish.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Mackerel (Scomber scombrus,
Scomber australasicus, Scomber japonicus).
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Jack and horse mackerel
(Trachurus spp.).
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other Fish.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Fish fillets and other fish meat
(whether or not minced), fresh, chilled or frozen: Fresh or chilled fillets of other fish: Other: Other Fish.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Fish fillets and other fish meat
(whether or not minced), fresh, chilled or frozen: Fresh or chilled fillets of other fish: Other Fish Chilled:
Other.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Frozen fillets of other fish: Other:
Skinned, whether or not divided into pieces, and frozen into blocks each weighing over 4.5 kg, imported
to be minced, ground or cut into pieces of uniform weights and dimensions: Other Fish.
Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen: Frozen fillets of other fish:
Other: Other Fish.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other, frozen: Other: In bulk or in
immediate containers weighing with their contents over 6.8 kg each: Minced: Surimi.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other, frozen: Other: In bulk or in
immediate containers weighing with their contents over 6.8 kg each: Minced: Other.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other, frozen: Other: In bulk or in
immediate containers weighing with their contents over 6.8 kg each: Other: Other Fish.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other, frozen: Other: Other: Ocean
Fish.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process;
flours, meals and pellets of fish, fit for human consumption: Flours, meals and pellets of fish, fit for
human consumption: In bulk or in immediate containers weighing with their contents over 6.8 kg each.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process;
flours, meals and pellets of fish, fit for human consumption: Flours, meals and pellets of fish, fit for
human consumption: Other.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process;
flours, meals and pellets of fish, fit for human consumption: Fish fillets, dried, salted or in brine, but not
smoked: Mackerel, in immediate containers weighing with their contents 6.8 kg or less each.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process;
flours, meals and pellets of fish, fit for human consumption: Fish fillets, dried, salted or in brine, but not
smoked: Other: Other Fish.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process;
flours, meals and pellets of fish, fit for human consumption: Smoked fish, including fillets, other than edible fish offal: Other: Mackerel.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process;
flours, meals and pellets of fish, fit for human consumption: Smoked fish, including fillets, other than edible fish offal: Other: Other Fish.
0302.45.1100 ..................................
0302.45.5000 ..................................
0302.49.0000 ..................................
0302.59.1100 ..................................
0302.59.5090 ..................................
0302. 89.1140 .................................
0303.54.0000 ..................................
0303.55.0000 ..................................
0303.59.0000 ..................................
0304.49.0190 ..................................
0304.59.0091 ..................................
0304.89.1090 ..................................
0304.89.5091 ..................................
0304.99.1104 ..................................
0304.99.1109 ..................................
0304.99.1194 ..................................
0304.99.9190 ..................................
0305.10.2000 ..................................
0305.10.4000 ..................................
0305.39.4000 ..................................
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0305.39.6180 ..................................
0305.49.2000 ..................................
0305.49.4045 ..................................
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Notices
TABLE 1—HTS CODES REQUIRING A CERTIFICATION OF ADMISSIBILITY—Continued
Harmonized Tariff Schedule
2020 Codes
Product description
0305.54.0000 ..................................
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process;
flours, meals and pellets of fish, fit for human consumption: Dried fish, other than edible fish offal, whether or not salted but not smoked: Herrings (Clupea harengus, Clupea pallasii), anchovies (Engraulis
spp.), sardines (Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling or sprats
(Sprattus sprattus), mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus), Indian
mackerels (Rastrelliger spp.), seerfishes (Scomberomorus spp.), jack and horse mackerel (Trachurus
spp.), jacks, crevalles (Caranx spp.), cobia (Rachycentron canadum), silver pomfrets (Pampus spp.), Pacific saury (Cololabis saira), scads (Decapterus spp.), capelin (Mallotus villosus), swordfish (Xiphias
gladius), Kawakawa (Euthynnus affinis), bonitos (Sarda spp.), marlins, sailfishes, spearfish
(Istiophoridae).
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process;
flours, meals and pellets of fish, fit for human consumption: Dried fish, other than edible fish offal, whether or not salted but not smoked: Other Fish.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process;
flours, meals and pellets of fish, fit for human consumption: Fish, salted but not dried or smoked and fish
in brine, other than edible fish offal: Mackerel: In immediate containers weighing with their contents 6.8
kg or less each.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process;
flours, meals and pellets of fish, fit for human consumption: Fish, salted but not dried or smoked and fish
in brine, other than edible fish offal: Mackerel: Other.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process;
flours, meals and pellets of fish, fit for human consumption: Fish, salted but not dried or smoked and fish
in brine, other than edible fish offal: Other Fish: In immediate containers weighing with their contents 6.8
kg or less each.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process;
flours, meals and pellets of fish, fit for human consumption: Fish, salted but not dried or smoked and fish
in brine, other than edible fish offal: Other Fish: Other.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process;
flours, meals and pellets of fish, fit for human consumption: Fish fins, heads, tails, maws and other edible fish offal: Other Fish.
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count
size (headless weight) less than 33 per kg (15s).
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count
size (headless weight) 33–45 per kg (15–20s).
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count
size (headless weight) 46–55 per kg (21–25s).
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count
size (headless weight) 56–66 per kg (26–30s).
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count
size (headless weight) 67–88 per kg (31–40s).
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count
size (headless weight) 89–110 per kg (41–50s).
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count
size (headless weight) 111–132 per kg (51–60s).
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count
size (headless weight) 133–154 per kg (61–70s).
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count
size (headless weight) more than 154 per kg (70s).
Other shrimps and prawns: Peeled, imported in accordance with statistical note 1 to this chapter.
Other shrimps and prawns: Shell-on.
Other shrimps and prawns: Peeled.
Other: Shrimps and prawns: Shell-on.
Other: Shrimps and prawns: Peeled.
Products chiefly used as food for animals or as ingredients in such food: Other.
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Fish, whole or in pieces,
but not minced: Mackerel.
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Fish, whole or in pieces,
but not minced: Other (including yellowtail): Other: Fish sticks and similar products of any size or shape,
fillets or other portions of fish, if breaded, coated with batter or similarly prepared: Neither cooked nor in
oil.
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Fish, whole or in pieces,
but not minced: Other (including yellowtail): Other: Fish sticks and similar products of any size or shape,
fillets or other portions of fish, if breaded, coated with batter or similarly prepared: Other.
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Fish, whole or in pieces,
but not minced: Other (including yellowtail): Other: In oil and in bulk or in immediate containers weighing
with their contents over 7 kg each.
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Fish, whole or in pieces,
but not minced: Other (including yellowtail): Other: Other.
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Other prepared or preserved fish: Products containing meat of crustaceans, molluscs or other aquatic invertebrates; prepared
meals: Prepared meals.
0305.59.0001 ..................................
0305.69.2000 ..................................
0305.69.3000 ..................................
0305.69.5001 ..................................
0305.69.6001 ..................................
0305.79.0000 ..................................
0306.17.0003 ..................................
0306.17.0006 ..................................
0306.17.0009 ..................................
0306.17.0012 ..................................
0306.17.0015 ..................................
0306.17.0018 ..................................
0306.17.0021 ..................................
0306.17.0024 ..................................
0306.17.0027 ..................................
0306.17.0040
0306.36.0020
0306.36.0040
0306.95.0020
0306.95.0040
0511.99.3060
1604.15.0000
..................................
..................................
..................................
..................................
..................................
..................................
..................................
1604.19.4100 ..................................
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1604.19.6100 ..................................
1604.19.8200 ..................................
1604.20.0510 ..................................
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13631
TABLE 1—HTS CODES REQUIRING A CERTIFICATION OF ADMISSIBILITY—Continued
Harmonized Tariff Schedule
2020 Codes
Product description
1604.20.0590 ..................................
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Other prepared or preserved fish: Products containing meat of crustaceans, molluscs or other aquatic invertebrates; prepared
meals: Other.
Prepared or preserved fish; Other prepared or preserved fish: Other: Pastes.
Prepared or preserved fish; Other prepared or preserved fish: Other: Balls, cakes and puddings: In oil.
Prepared or preserved fish; Other prepared or preserved fish: Other: Balls, cakes and puddings: Not in oil:
In immediate containers weighing with their contents not over 6.8 kg each: In airtight containers.
Prepared or preserved fish; Other prepared or preserved fish: Other: Balls, cakes and puddings: Not in oil:
In immediate containers weighing with their contents not over 6.8 kg each: Other.
Prepared or preserved fish; Other prepared or preserved fish: Other: Balls, cakes and puddings: Not in oil:
Other.
Prepared or preserved fish; Other prepared or preserved fish: Fish sticks and similar products of any size
or shape, if breaded, coated with batter or similarly prepared: Neither cooked nor in oil.
Prepared or preserved fish; Other prepared or preserved fish: Fish sticks and similar products of any size
or shape, if breaded, coated with batter or similarly prepared: Other.
Prepared or preserved fish; Other prepared or preserved fish: Fish sticks and similar products of any size
or shape, if breaded, coated with batter or similarly prepared: Other: Pre-cooked and frozen.
Prepared or preserved fish; Other prepared or preserved fish: Fish sticks and similar products of any size
or shape, if breaded, coated with batter or similarly prepared: Other: Other.
Prepared or preserved fish; Other prepared or preserved fish: Pre-cooked and frozen.
Prepared or preserved fish; Other prepared or preserved fish: Other.
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Not
in airtight containers: Products containing fish meat; prepared meals.
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Not
in airtight containers: Other: Frozen, imported in accordance with Statistical Note 1 to this chapter:
Breaded.
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Not
in airtight containers: Other: Frozen, imported in accordance with Statistical Note 1 to this chapter:
Other.
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Not
in airtight containers: Other: Other, imported in accordance with Statistical Note 1 to this chapter.
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns:
Other: Products containing fish meat; prepared meals.
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns:
Other: Frozen, imported in accordance with Statistical Note 1 to this chapter.
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns:
Other: Other: Other, imported in accordance with Statistical Note 1 to this chapter.
Preparations of a kind used in animal feeding: Dog or cat food, put up for retail sale: In airtight containers.
Preparations of a kind used in animal feeding: Dog or cat food, put up for retail sale: Other.
Preparations of a kind used in animal feeding: Other: Mixed feeds or mixed feed ingredients: Other pet
food, put up for retail sale.
Preparations of a kind used in animal feeding: Other: Mixed feeds or mixed feed ingredients: Other.
1604.20.1000 ..................................
1604.20.1500 ..................................
1604.20.2000 ..................................
1604.20.2500 ..................................
1604.20.3000 ..................................
1604.20.4000 ..................................
1604.20.5000 ..................................
1604.20.5010 ..................................
1604.20.5090 ..................................
1604.20.6010 ..................................
1604.20.6090 ..................................
1605.21.0500 ..................................
1605.21.1020 ..................................
1605.21.1030 ..................................
1605.21.1050 ..................................
1605.29.0500 ..................................
1605.29.1010 ..................................
1605.29.1040 ..................................
2309.10.0010 ..................................
2309.10.0090 ..................................
2309.90.1015 ..................................
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2309.90.1050 ..................................
The HTS codes applicable to the
products subject to the requirements of
this import restriction may be revised
from time to time due to updates to the
HTS by the International Trade
Commission. Any such changes will be
notified to the trade community in
accordance with CBP’s notification
procedures. In addition, NMFS and CBP
will actively monitor the border
operations of the trade restriction and
the certification requirement in the
initial weeks of implementation to
determine if the list of affected HTS
codes can be adjusted to further
minimize disruption to trade while
maintaining compliance with the court
order and this action.
Importers are advised to determine if
other NMFS program requirements (e.g.,
Tuna Tracking and Verification
Program, Seafood Import Monitoring
Program) or other agency requirements
VerDate Sep<11>2014
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(e.g., Fish and Wildlife Service, State
Department, Food and Drug
Administration) have Automated
Commercial Environment (ACE) data
reporting requirements applicable to the
HTS codes identified in Table 1 as
subject to certification under the MMPA
import provisions. In such cases, the
other reporting requirements still
pertain in addition to the Certification
of Admissibility requirements imposed
to effectuate the court order and this
action.
Until such time as the import
restrictions imposed by this action are
lifted or revised, trade restrictions on
these products harvested by gillnets in
the UGC of Mexico within the vaquita’s
range or associated with the fisheries for
which a comparability finding has been
revoked will continue and Certification
of Admissibility will be required for the
HTS codes listed in this notice.
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Authority: 16 U.S.C. 1361 et seq.
Dated: March 3, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020–04692 Filed 3–4–20; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA069]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
E:\FR\FM\09MRN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Notices]
[Pages 13626-13631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04692]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XG619]
Implementation of Fish and Fish Product Import Provisions of the
Marine Mammal Protection Act--Notification of Revocation of
Comparability Findings and Implementation of Import Restrictions;
Certification of Admissibility for Certain Fish Products From Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; revocation of comparability findings and implementation
of import restrictions for certain fish and fish products from Mexico.
-----------------------------------------------------------------------
SUMMARY: Under the authority of the Marine Mammal Protection Act
(MMPA), the NMFS Assistant Administrator for Fisheries (Assistant
Administrator) is revoking the comparability findings for the following
fisheries authorized by the Government of Mexico: Upper Gulf of
California shrimp trawl fishery for both small and large vessels; Upper
Gulf of California shrimp suripera fishery; Upper Gulf of California
sierra purse seine fishery; Upper Gulf of California sierra hook and
line fishery; Upper Gulf of California chano trawl fishery, for small
vessels; Upper Gulf of California curvina purse seine fishery; and
Upper Gulf of California sardine/curvina purse seine fishery for both
small and large vessels. The Assistant Administrator continues the
determination to deny a comparability finding for the El Golfo de Santa
Clara curvina rodeo-style gillnet fishery.
DATES: Compliance with the import restrictions and Certification of
Admissibility described in this document is required beginning April 3,
2020, and will remain in effect until notice is published in the
Federal Register indicating otherwise.
FOR FURTHER INFORMATION CONTACT: Nina Young, at email:
[email protected] or phone: 301-427-8383.
[[Page 13627]]
SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1371 et seq., states
that the Secretary of the Treasury shall ban the importation of
commercial fish or products from fish which have been caught with
commercial fishing technology which results in the incidental kill or
incidental serious injury of ocean mammals in excess of United States
standards. For purposes of applying this import restriction, the
Secretary of Commerce shall insist on reasonable proof from the
government of any nation from which fish or fish products will be
exported to the United States of the effects on ocean mammals of the
commercial fishing technology in use for such fish or fish products
exported from such nation to the United States.
NMFS bases its determination to revoke comparability findings for
the specified Mexican fisheries on the lack of a regulatory program
comparable in effectiveness to the U.S. regulatory program for
mitigating fishery bycatch of marine mammals. Therefore, under the
authority of the MMPA, the Secretary of Commerce, in cooperation with
the Secretaries of Treasury and Homeland Security, is giving notice of
import restrictions on fish and fish products from Mexican fisheries
operating in the upper Gulf of California. The restrictions apply to
fish either caught with gillnets deployed in the range of the vaquita,
an endangered porpoise, or harvested in the fisheries listed above.
Harmonized Tariff Schedule (HTS) codes associated with the prohibited
fish and fish products are identified below. NMFS is also requiring
that all other fish and fish products not within the scope of the
import restrictions but imported under the same published HTS codes be
accompanied by a Certification of Admissibility.
Background
On August 15, 2016, NMFS published a final rule (81 FR 54389)
amending the fish and fish product import provisions to implement
Section 101(a)(2) of the MMPA (see implementing regulations at 50 CFR
216.24(h)). This final rule established conditions for evaluating a
harvesting nation's regulatory programs to address incidental and
intentional mortality and serious injury of marine mammals in its
commercial fisheries producing fish and fish products exported to the
United States.
Under the final rule, fish or fish products cannot be imported into
the United States from commercial fishing operations that result in the
incidental mortality or serious injury of marine mammals in excess of
U.S. standards (16 U.S.C. 1371(a)(2)). NMFS published a List of Foreign
Fisheries (LOFF) on March 16, 2018 (83 FR 11703) to classify fisheries
subject to the import requirements. Effective January 1, 2022, fish and
fish products from fisheries identified by the Assistant Administrator
in the LOFF can only be imported into the United States if the
harvesting nation has applied for and received a comparability finding
from NMFS for those fisheries. The rule established the procedures that
a harvesting nation must follow, and the conditions it must meet, to
receive a comparability finding for a fishery on the LOFF. The final
rule established a five-year exemption period, ending January 1, 2022,
before imports would be subject to any trade restrictions (see 50 CFR
216.24(h)(2)(ii)).
Vaquita are listed as an endangered species under the U.S.
Endangered Species Act, 16 U.S.C. 1531 et seq., and are endemic to
northern Gulf of California waters in Mexico. In 2018, the
International Committee for the Recovery of the Vaquita (CIRVA)--a
group of international scientists supported by Mexico and led by
Mexican scientists--estimated that fewer than 22 individuals remain.
Gillnets used to illegally fish for totoaba (an endangered fish also
endemic to the Gulf of California) are the direct primary source of
current vaquita mortality and continue to be deployed to supply China's
black-market demand for totoaba swim bladders.
On May 18, 2017, Natural Resources Defense Council (NRDC), Center
for Biological Diversity (CBD), and the Animal Welfare Institute (AWI)
petitioned the Secretaries of Homeland Security, the Treasury, and
Commerce to ``ban the importation of commercial fish or products from
fish'' sourced using fishing activities that ``result in the incidental
mortality or incidental serious injury'' of vaquita ``in excess of
United States standards.'' The petitioners requested that the
Secretaries immediately ban imports of all fish and fish products from
Mexico that do not satisfy the MMPA import provision requirements,
claiming that emergency action banning such imports is necessary to
avoid immediate, ongoing, and ``unacceptable risks'' to vaquita. NMFS
published a notice of the petition's receipt on August 22, 2017 (82 FR
39732), in the Federal Register for a 60-day comment period.
On December 21, 2017, the petitioners filed suit in the United
States District Court for the District of Columbia, which among other
things challenged the failure of NMFS, the U.S. Department of Commerce,
the U.S. Department of the Treasury, and the U.S. Department of
Homeland Security (``Defendants'') to respond to the petition pursuant
to the Administrative Procedure Act (``APA'') (5 U.S.C. 551-559; 701-
706). On March 21, 2018, the petitioners filed suit before the Court of
International Trade seeking an injunction requiring the U.S. Government
to ban the import of fish or fish products from any Mexican commercial
fishery that uses gillnets within the vaquita's range. On April 16,
2018, Petitioners filed a motion for a preliminary injunction on which
oral argument was held on July 10, 2018. The Court of International
Trade granted the motion for preliminary injunction and denied the U.S.
Government's motion to dismiss the lawsuit. On July 26, 2018, and
August 14, 2018, the Court of International Trade (CIT) (Slip-Op 18-92)
required the U.S. Government to ban all fish and fish products from
Mexican commercial fisheries that use gillnets within the vaquita's
range, pending final adjudication of the merits. This ban includes the
importation from Mexico of all shrimp, curvina, sierra, and chano fish
and their products caught with gillnets inside the vaquita's range. To
effect this court order, NMFS published a Federal Register notice on
August 28, 2018 (83 FR 43792), giving notice of import restrictions on
fish and fish products from Mexico caught with gillnets deployed in the
range of the vaquita. In that notice, NMFS also stipulated requirements
that all other fish and fish products not within the scope of the
import restrictions but imported under the Harmonized Tariff Schedule
(HTS) codes associated with the prohibited fish and fish products be
accompanied by a Certification of Admissibility in accordance with the
provisions of 50 CFR 216.24(h)(9).
On November 9, 2018, the Government of Mexico requested that the
Assistant Administrator make comparability findings based upon
documentary evidence provided by the Government of Mexico for the Upper
Gulf of California shrimp trawl fishery for both small and large
vessels; Upper Gulf of California shrimp suripera \1\ fishery; Upper
Gulf of California sierra purse seine fishery; Upper Gulf of California
sierra hook and line fishery; Upper Gulf of California chano trawl
fishery, for small vessels; Upper Gulf of California curvina purse
seine fishery; Upper Gulf of California sardine/curvina purse seine
fishery for both
[[Page 13628]]
small and large vessels; and El Golfo de Santa Clara curvina rodeo-
style gillnet fishery. As stated in the final rule (81 FR 54397, August
15, 2016), nothing within the procedures set forth in 50 CFR 216.24(h)
prevents a nation from implementing a bycatch reduction regulatory
program and seeking a comparability finding during the five-year
exemption period (see 50 CFR 216.24(h)(2)(ii)).
---------------------------------------------------------------------------
\1\ Suripera nets rely on utilizing the movement of the wind and
water currents to draw shrimp into a small-mesh modified cast net.
---------------------------------------------------------------------------
On December 6, 2018, NMFS, under the authority of the MMPA, issued
comparability findings for the following Government of Mexico's
authorized fisheries in the Upper Gulf of California: Shrimp trawl
fishery for both small and large vessels; shrimp suripera fishery;
sierra purse seine fishery; sierra hook and line fishery; chano trawl
fishery, for small vessels; curvina purse seine fishery; and sardine/
curvina purse seine fishery for both small and large vessels. On that
same date, NMFS denied a comparability finding for the El Golfo de
Santa Clara curvina rodeo-style gillnet fishery in accordance with 50
CFR 216.24(h)(9).
Revocation of the Comparability Finding
On April 8, 2019, NMFS notified the Government of Mexico that it
had failed to put in place and implement a regulatory program to
effectuate the regulatory improvements identified in the Plan for
Improvement to the Program on the Comprehensive Care of the Upper Gulf
and the Comprehensive Program for the Protection and Recovery of the
Vaquita. NMFS stated that absent such a regulatory program there can be
no comparability finding for the fisheries for which a comparability
finding was granted. Therefore, under section 50 CFR 216.24
(h)(8)(vii), NMFS notified the Government of Mexico that it was
reconsidering the comparability finding issued to the fisheries
operating in the Upper Gulf of California on the basis that the
Government of Mexico has failed to put in place a regulatory program
comparable in effectiveness to the U.S. regulatory program for those
fisheries.
The Government of Mexico has failed to implement the regulatory
plan that formed the basis for the comparability findings. Furthermore,
the Government of Mexico has failed to authorize (e.g., provide fishing
permits) shrimp trawls for small vessels (e.g., pangas), the only
legally mandated gear type for harvesting shrimp and for which a
comparability finding has been made. Without this authorization, this
fishery cannot legally operate, forcing fishermen to resort to illegal
fishing either with gillnets (which have been banned in the shrimp
fishery) or unauthorized trawl gear. Furthermore, the Government of
Mexico has failed to fully implement and enforce its existing laws and
regulatory regime including the existing gillnet ban, the provisions
which prohibit fishing in the vaquita refuge, and inspection of fishing
vessels leaving and arriving to port. In accordance with the MMPA
import provisions, on September 9, 2019, NMFS notified the Government
of Mexico, in writing, that it has made a preliminary finding to revoke
the Government of Mexico's comparability finding for the fisheries
operating in the Upper Gulf of California. The Government of Mexico
again failed to take corrective action to come into compliance by
implementing the regulatory programs that had formed the basis for the
original comparability findings.
In accordance with 50 CFR 216.24(h)(8)(vii), a comparability
finding will be terminated or revoked if the Assistant Administrator
determines that the requirements of 50 CFR 216.24(h)(6) are no longer
being met. Pursuant to 50 CFR 216.24(h)(8)(vii) the Assistant
Administrator has determined that Mexico's fisheries operating in the
Upper Gulf of California which currently possess a comparability
finding are no longer meeting the requirements of 50 CFR 216.24(h)(6).
Therefore, the Assistant Administrator is revoking these comparability
findings. In accordance with 50 CFR 216.24(h)(9)(ii), the Government of
Mexico can reapply for a comparability finding for the affected
fisheries at any time. All other exempt and export fisheries operating
under the control of the Government of Mexico are still subject to the
five-year exemption period under 50 CFR 216.24(h)(2)(ii). By March 1,
2021, per the requirements of 50 CFR 216.24(h)(6), the Government of
Mexico, like all harvesting nations, must apply a comparability finding
for all fisheries on the List of Foreign Fisheries, including those in
this Federal Register Notice. By January 1, 2022 all fisheries must
have a comparability finding in order to export fish and fish products
from those fisheries to the United States. Also, the Government of
Mexico is still required to provide a progress report in accordance
with 50 CFR 216.24(h)(10) for these fisheries and all other fisheries
on its List of Foreign Fisheries.
Pursuant to 50 CFR 216.24(h)(9) the U.S. government will
immediately ban the importation from Mexico of all shrimp, curvina,
sierra, chano, anchovy, herrings, sardines, mackerels croaker, and
pilchard fish and fish products, imported under the HTS codes in Table
1, caught with gillnets inside the vaquita's range under section
101(a)(2) of the MMPA(16 U.S.C. 1371(a)(2)) or associated with the
fisheries for which a comparability finding has been revoked.
Curvina, sierra, chano, and pilchard are not imported into the
United States under HTS codes that are specific to the type of fish.
Instead, these fish are imported under non-specific fish and marine
fish codes. Consequently, the list in Table 1 includes those non-
specific HTS codes necessary to encompass the range of probable codes
used for products subject to the trade restriction. To allow imports of
seafood outside the scope of these import restrictions, and to minimize
disruptions to trade, fish and fish products of the same or similar
fish or fish products imported to the United States under the HTS codes
listed in Table 1 from Mexico that are not subject to these import
prohibitions must be accompanied by a Certification of Admissibility.
The Certification of Admissibility and accompanying instructions are
available at https://www.fisheries.noaa.gov/topic/international-affairs.
As of the compliance date, imports of the fish and fish products
from Mexico filed under the HTS codes listed in Table 1 are required to
be accompanied by a Certification of Admissibility in order to obtain
release of the inbound shipment. See DATES section for the compliance
date of the requirement for Certification of Admissibility. The
Certification of Admissibility is an information collection subject to
the requirements of the Paperwork Reduction Act and has been approved
by the Office of Management and Budget under control number 0648-0651.
[[Page 13629]]
Table 1--HTS Codes Requiring a Certification of Admissibility
------------------------------------------------------------------------
Harmonized Tariff Schedule 2020
Codes Product description
------------------------------------------------------------------------
0302.44.0000...................... Fish, fresh or chilled, excluding
fish fillets and other fish meat of
heading 0304: Mackerel (Scomber
scombrus, Scomber australasicus,
Scomber japonicus) Fresh chilled
whole Atlantic and Blue/Japanese
Mackerel.
0302.45.1100...................... Fish, fresh or chilled, excluding
fish fillets and other fish meat of
heading 0304: Jack and horse
mackerel (Trachurus spp): Scaled
(whether or not heads, viscera and/
or fins have been removed, but not
otherwise processed), in immediate
containers weighing with their
contents 6.8 kg or less.
0302.45.5000...................... Fish, fresh or chilled, excluding
fish fillets and other fish meat of
heading 0304: Jack and horse
mackerel (Trachurus spp): Other.
0302.49.0000...................... Fish, fresh or chilled, excluding
fish fillets and other fish meat of
heading 0304: Herrings (Clupea
harengus, Clupea pallasii),
anchovies (Engraulis spp.),
sardines (Sardina pilchardus,
Sardinops spp.), sardinella
(Sardinella spp.), brisling or
sprats (Sprattus sprattus),
mackerel (Scomber scombrus, Scomber
australasicus, Scomber japonicus),
Indian mackerels (Rastrelliger
spp.), seerfishes (Scomberomorus
spp.), jack and horse mackerel
(Trachurus spp.), jacks, crevalles
(Caranx spp.), cobia (Rachycentron
canadum), silver pomfrets (Pampus
spp.), Pacific saury (Cololabis
saira), scads (Decapterus spp.),
capelin (Mallotus villosus),
swordfish (Xiphias gladius),
Kawakawa (Euthynnus affinis),
bonitos (Sarda spp.), marlins,
sailfishes, spearfish
(Istiophoridae), excluding edible
fish offal of subheadings 0302.91
to 0302.99: Other Fish.
0302.59.1100...................... Fish, fresh or chilled, excluding
fish fillets and other fish meat of
heading 0304: Fish of the families
Bregmacerotidae, Euclichthyidae
Gadidae, Macrouridae, Melanonidae,
Merlucciidae, Moridae and
Muraenolepididae, excluding edible
fish offal of subheadings 0302.91
to 0302.99: Other Fish: Scaled
(whether or not heads, viscera and/
or fins have been removed, but not
otherwise processed), in immediate
containers weighing with their
contents 6.8 kg or less.
0302.59.5090...................... Fish, fresh or chilled, excluding
fish fillets and other fish meat of
heading 0304: Fish of the families
Bregmacerotidae, Euclichthyidae
Gadidae, Macrouridae, Melanonidae,
Merlucciidae, Moridae and
Muraenolepididae, excluding edible
fish offal of subheadings 0302.91
to 0302.99: Other Fish: Other:
Other fish.
0302. 89.1140..................... Fish, fresh or chilled, excluding
fish fillets and other fish meat of
heading 0304: Other fish, excluding
edible fish offal of subheadings
0302.91 to 0302.99: Other: Scaled
(whether or not heads, viscera and/
or fins have been processed), in
immediate containers weighing with
their contents 6.8 kg or less:
Other Fish.
0303.54.0000...................... Fish, frozen, excluding fish fillets
and other fish meat of heading
0304: Mackerel (Scomber scombrus,
Scomber australasicus, Scomber
japonicus).
0303.55.0000...................... Fish, frozen, excluding fish fillets
and other fish meat of heading
0304: Jack and horse mackerel
(Trachurus spp.).
0303.59.0000...................... Fish, frozen, excluding fish fillets
and other fish meat of heading
0304: Other Fish.
0304.49.0190...................... Fish, frozen, excluding fish fillets
and other fish meat of heading
0304: Fish fillets and other fish
meat (whether or not minced),
fresh, chilled or frozen: Fresh or
chilled fillets of other fish:
Other: Other Fish.
0304.59.0091...................... Fish, frozen, excluding fish fillets
and other fish meat of heading
0304: Fish fillets and other fish
meat (whether or not minced),
fresh, chilled or frozen: Fresh or
chilled fillets of other fish:
Other Fish Chilled: Other.
0304.89.1090...................... Fish, frozen, excluding fish fillets
and other fish meat of heading
0304: Frozen fillets of other fish:
Other: Skinned, whether or not
divided into pieces, and frozen
into blocks each weighing over 4.5
kg, imported to be minced, ground
or cut into pieces of uniform
weights and dimensions: Other Fish.
0304.89.5091...................... Fish fillets and other fish meat
(whether or not minced), fresh,
chilled or frozen: Frozen fillets
of other fish: Other: Other Fish.
0304.99.1104...................... Fish, frozen, excluding fish fillets
and other fish meat of heading
0304: Other, frozen: Other: In bulk
or in immediate containers weighing
with their contents over 6.8 kg
each: Minced: Surimi.
0304.99.1109...................... Fish, frozen, excluding fish fillets
and other fish meat of heading
0304: Other, frozen: Other: In bulk
or in immediate containers weighing
with their contents over 6.8 kg
each: Minced: Other.
0304.99.1194...................... Fish, frozen, excluding fish fillets
and other fish meat of heading
0304: Other, frozen: Other: In bulk
or in immediate containers weighing
with their contents over 6.8 kg
each: Other: Other Fish.
0304.99.9190...................... Fish, frozen, excluding fish fillets
and other fish meat of heading
0304: Other, frozen: Other: Other:
Ocean Fish.
0305.10.2000...................... Fish, dried, salted or in brine;
smoked fish, whether or not cooked
before or during the smoking
process; flours, meals and pellets
of fish, fit for human consumption:
Flours, meals and pellets of fish,
fit for human consumption: In bulk
or in immediate containers weighing
with their contents over 6.8 kg
each.
0305.10.4000...................... Fish, dried, salted or in brine;
smoked fish, whether or not cooked
before or during the smoking
process; flours, meals and pellets
of fish, fit for human consumption:
Flours, meals and pellets of fish,
fit for human consumption: Other.
0305.39.4000...................... Fish, dried, salted or in brine;
smoked fish, whether or not cooked
before or during the smoking
process; flours, meals and pellets
of fish, fit for human consumption:
Fish fillets, dried, salted or in
brine, but not smoked: Mackerel, in
immediate containers weighing with
their contents 6.8 kg or less each.
0305.39.6180...................... Fish, dried, salted or in brine;
smoked fish, whether or not cooked
before or during the smoking
process; flours, meals and pellets
of fish, fit for human consumption:
Fish fillets, dried, salted or in
brine, but not smoked: Other: Other
Fish.
0305.49.2000...................... Fish, dried, salted or in brine;
smoked fish, whether or not cooked
before or during the smoking
process; flours, meals and pellets
of fish, fit for human consumption:
Smoked fish, including fillets,
other than edible fish offal:
Other: Mackerel.
0305.49.4045...................... Fish, dried, salted or in brine;
smoked fish, whether or not cooked
before or during the smoking
process; flours, meals and pellets
of fish, fit for human consumption:
Smoked fish, including fillets,
other than edible fish offal:
Other: Other Fish.
[[Page 13630]]
0305.54.0000...................... Fish, dried, salted or in brine;
smoked fish, whether or not cooked
before or during the smoking
process; flours, meals and pellets
of fish, fit for human consumption:
Dried fish, other than edible fish
offal, whether or not salted but
not smoked: Herrings (Clupea
harengus, Clupea pallasii),
anchovies (Engraulis spp.),
sardines (Sardina pilchardus,
Sardinops spp.), sardinella
(Sardinella spp.), brisling or
sprats (Sprattus sprattus),
mackerel (Scomber scombrus, Scomber
australasicus, Scomber japonicus),
Indian mackerels (Rastrelliger
spp.), seerfishes (Scomberomorus
spp.), jack and horse mackerel
(Trachurus spp.), jacks, crevalles
(Caranx spp.), cobia (Rachycentron
canadum), silver pomfrets (Pampus
spp.), Pacific saury (Cololabis
saira), scads (Decapterus spp.),
capelin (Mallotus villosus),
swordfish (Xiphias gladius),
Kawakawa (Euthynnus affinis),
bonitos (Sarda spp.), marlins,
sailfishes, spearfish
(Istiophoridae).
0305.59.0001...................... Fish, dried, salted or in brine;
smoked fish, whether or not cooked
before or during the smoking
process; flours, meals and pellets
of fish, fit for human consumption:
Dried fish, other than edible fish
offal, whether or not salted but
not smoked: Other Fish.
0305.69.2000...................... Fish, dried, salted or in brine;
smoked fish, whether or not cooked
before or during the smoking
process; flours, meals and pellets
of fish, fit for human consumption:
Fish, salted but not dried or
smoked and fish in brine, other
than edible fish offal: Mackerel:
In immediate containers weighing
with their contents 6.8 kg or less
each.
0305.69.3000...................... Fish, dried, salted or in brine;
smoked fish, whether or not cooked
before or during the smoking
process; flours, meals and pellets
of fish, fit for human consumption:
Fish, salted but not dried or
smoked and fish in brine, other
than edible fish offal: Mackerel:
Other.
0305.69.5001...................... Fish, dried, salted or in brine;
smoked fish, whether or not cooked
before or during the smoking
process; flours, meals and pellets
of fish, fit for human consumption:
Fish, salted but not dried or
smoked and fish in brine, other
than edible fish offal: Other Fish:
In immediate containers weighing
with their contents 6.8 kg or less
each.
0305.69.6001...................... Fish, dried, salted or in brine;
smoked fish, whether or not cooked
before or during the smoking
process; flours, meals and pellets
of fish, fit for human consumption:
Fish, salted but not dried or
smoked and fish in brine, other
than edible fish offal: Other Fish:
Other.
0305.79.0000...................... Fish, dried, salted or in brine;
smoked fish, whether or not cooked
before or during the smoking
process; flours, meals and pellets
of fish, fit for human consumption:
Fish fins, heads, tails, maws and
other edible fish offal: Other
Fish.
0306.17.0003...................... Other shrimps and prawns: Shell-on,
imported in accordance with
Statistical Note 1 to this chapter:
Count size (headless weight) less
than 33 per kg (15s).
0306.17.0006...................... Other shrimps and prawns: Shell-on,
imported in accordance with
Statistical Note 1 to this chapter:
Count size (headless weight) 33-45
per kg (15-20s).
0306.17.0009...................... Other shrimps and prawns: Shell-on,
imported in accordance with
Statistical Note 1 to this chapter:
Count size (headless weight) 46-55
per kg (21-25s).
0306.17.0012...................... Other shrimps and prawns: Shell-on,
imported in accordance with
Statistical Note 1 to this chapter:
Count size (headless weight) 56-66
per kg (26-30s).
0306.17.0015...................... Other shrimps and prawns: Shell-on,
imported in accordance with
Statistical Note 1 to this chapter:
Count size (headless weight) 67-88
per kg (31-40s).
0306.17.0018...................... Other shrimps and prawns: Shell-on,
imported in accordance with
Statistical Note 1 to this chapter:
Count size (headless weight) 89-110
per kg (41-50s).
0306.17.0021...................... Other shrimps and prawns: Shell-on,
imported in accordance with
Statistical Note 1 to this chapter:
Count size (headless weight) 111-
132 per kg (51-60s).
0306.17.0024...................... Other shrimps and prawns: Shell-on,
imported in accordance with
Statistical Note 1 to this chapter:
Count size (headless weight) 133-
154 per kg (61-70s).
0306.17.0027...................... Other shrimps and prawns: Shell-on,
imported in accordance with
Statistical Note 1 to this chapter:
Count size (headless weight) more
than 154 per kg (70s).
0306.17.0040...................... Other shrimps and prawns: Peeled,
imported in accordance with
statistical note 1 to this chapter.
0306.36.0020...................... Other shrimps and prawns: Shell-on.
0306.36.0040...................... Other shrimps and prawns: Peeled.
0306.95.0020...................... Other: Shrimps and prawns: Shell-on.
0306.95.0040...................... Other: Shrimps and prawns: Peeled.
0511.99.3060...................... Products chiefly used as food for
animals or as ingredients in such
food: Other.
1604.15.0000...................... Prepared or preserved fish; caviar
and caviar substitutes prepared
from fish eggs: Fish, whole or in
pieces, but not minced: Mackerel.
1604.19.4100...................... Prepared or preserved fish; caviar
and caviar substitutes prepared
from fish eggs: Fish, whole or in
pieces, but not minced: Other
(including yellowtail): Other: Fish
sticks and similar products of any
size or shape, fillets or other
portions of fish, if breaded,
coated with batter or similarly
prepared: Neither cooked nor in
oil.
1604.19.5100...................... Prepared or preserved fish; caviar
and caviar substitutes prepared
from fish eggs: Fish, whole or in
pieces, but not minced: Other
(including yellowtail): Other: Fish
sticks and similar products of any
size or shape, fillets or other
portions of fish, if breaded,
coated with batter or similarly
prepared: Other.
1604.19.6100...................... Prepared or preserved fish; caviar
and caviar substitutes prepared
from fish eggs: Fish, whole or in
pieces, but not minced: Other
(including yellowtail): Other: In
oil and in bulk or in immediate
containers weighing with their
contents over 7 kg each.
1604.19.8200...................... Prepared or preserved fish; caviar
and caviar substitutes prepared
from fish eggs: Fish, whole or in
pieces, but not minced: Other
(including yellowtail): Other:
Other.
1604.20.0510...................... Prepared or preserved fish; caviar
and caviar substitutes prepared
from fish eggs: Other prepared or
preserved fish: Products containing
meat of crustaceans, molluscs or
other aquatic invertebrates;
prepared meals: Prepared meals.
[[Page 13631]]
1604.20.0590...................... Prepared or preserved fish; caviar
and caviar substitutes prepared
from fish eggs: Other prepared or
preserved fish: Products containing
meat of crustaceans, molluscs or
other aquatic invertebrates;
prepared meals: Other.
1604.20.1000...................... Prepared or preserved fish; Other
prepared or preserved fish: Other:
Pastes.
1604.20.1500...................... Prepared or preserved fish; Other
prepared or preserved fish: Other:
Balls, cakes and puddings: In oil.
1604.20.2000...................... Prepared or preserved fish; Other
prepared or preserved fish: Other:
Balls, cakes and puddings: Not in
oil: In immediate containers
weighing with their contents not
over 6.8 kg each: In airtight
containers.
1604.20.2500...................... Prepared or preserved fish; Other
prepared or preserved fish: Other:
Balls, cakes and puddings: Not in
oil: In immediate containers
weighing with their contents not
over 6.8 kg each: Other.
1604.20.3000...................... Prepared or preserved fish; Other
prepared or preserved fish: Other:
Balls, cakes and puddings: Not in
oil: Other.
1604.20.4000...................... Prepared or preserved fish; Other
prepared or preserved fish: Fish
sticks and similar products of any
size or shape, if breaded, coated
with batter or similarly prepared:
Neither cooked nor in oil.
1604.20.5000...................... Prepared or preserved fish; Other
prepared or preserved fish: Fish
sticks and similar products of any
size or shape, if breaded, coated
with batter or similarly prepared:
Other.
1604.20.5010...................... Prepared or preserved fish; Other
prepared or preserved fish: Fish
sticks and similar products of any
size or shape, if breaded, coated
with batter or similarly prepared:
Other: Pre-cooked and frozen.
1604.20.5090...................... Prepared or preserved fish; Other
prepared or preserved fish: Fish
sticks and similar products of any
size or shape, if breaded, coated
with batter or similarly prepared:
Other: Other.
1604.20.6010...................... Prepared or preserved fish; Other
prepared or preserved fish: Pre-
cooked and frozen.
1604.20.6090...................... Prepared or preserved fish; Other
prepared or preserved fish: Other.
1605.21.0500...................... Crustaceans, molluscs and other
aquatic invertebrates, prepared or
preserved: Shrimps and prawns: Not
in airtight containers: Products
containing fish meat; prepared
meals.
1605.21.1020...................... Crustaceans, molluscs and other
aquatic invertebrates, prepared or
preserved: Shrimps and prawns: Not
in airtight containers: Other:
Frozen, imported in accordance with
Statistical Note 1 to this chapter:
Breaded.
1605.21.1030...................... Crustaceans, molluscs and other
aquatic invertebrates, prepared or
preserved: Shrimps and prawns: Not
in airtight containers: Other:
Frozen, imported in accordance with
Statistical Note 1 to this chapter:
Other.
1605.21.1050...................... Crustaceans, molluscs and other
aquatic invertebrates, prepared or
preserved: Shrimps and prawns: Not
in airtight containers: Other:
Other, imported in accordance with
Statistical Note 1 to this chapter.
1605.29.0500...................... Crustaceans, molluscs and other
aquatic invertebrates, prepared or
preserved: Shrimps and prawns:
Other: Products containing fish
meat; prepared meals.
1605.29.1010...................... Crustaceans, molluscs and other
aquatic invertebrates, prepared or
preserved: Shrimps and prawns:
Other: Frozen, imported in
accordance with Statistical Note 1
to this chapter.
1605.29.1040...................... Crustaceans, molluscs and other
aquatic invertebrates, prepared or
preserved: Shrimps and prawns:
Other: Other: Other, imported in
accordance with Statistical Note 1
to this chapter.
2309.10.0010...................... Preparations of a kind used in
animal feeding: Dog or cat food,
put up for retail sale: In airtight
containers.
2309.10.0090...................... Preparations of a kind used in
animal feeding: Dog or cat food,
put up for retail sale: Other.
2309.90.1015...................... Preparations of a kind used in
animal feeding: Other: Mixed feeds
or mixed feed ingredients: Other
pet food, put up for retail sale.
2309.90.1050...................... Preparations of a kind used in
animal feeding: Other: Mixed feeds
or mixed feed ingredients: Other.
------------------------------------------------------------------------
The HTS codes applicable to the products subject to the
requirements of this import restriction may be revised from time to
time due to updates to the HTS by the International Trade Commission.
Any such changes will be notified to the trade community in accordance
with CBP's notification procedures. In addition, NMFS and CBP will
actively monitor the border operations of the trade restriction and the
certification requirement in the initial weeks of implementation to
determine if the list of affected HTS codes can be adjusted to further
minimize disruption to trade while maintaining compliance with the
court order and this action.
Importers are advised to determine if other NMFS program
requirements (e.g., Tuna Tracking and Verification Program, Seafood
Import Monitoring Program) or other agency requirements (e.g., Fish and
Wildlife Service, State Department, Food and Drug Administration) have
Automated Commercial Environment (ACE) data reporting requirements
applicable to the HTS codes identified in Table 1 as subject to
certification under the MMPA import provisions. In such cases, the
other reporting requirements still pertain in addition to the
Certification of Admissibility requirements imposed to effectuate the
court order and this action.
Until such time as the import restrictions imposed by this action
are lifted or revised, trade restrictions on these products harvested
by gillnets in the UGC of Mexico within the vaquita's range or
associated with the fisheries for which a comparability finding has
been revoked will continue and Certification of Admissibility will be
required for the HTS codes listed in this notice.
Authority: 16 U.S.C. 1361 et seq.
Dated: March 3, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-04692 Filed 3-4-20; 4:15 pm]
BILLING CODE 3510-22-P
