International Affairs; Antarctic Marine Living Resources Convention Act, 20133-20138 [2024-05936]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 56 (Thursday, March 21, 2024)]
[Rules and Regulations]
[Pages 20133-20138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05936]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 240311-0077]
RIN 0648-BJ85


International Affairs; Antarctic Marine Living Resources 
Convention Act

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

ACTION: Final rule.

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SUMMARY: This final rule sets forth changes to the Antarctic Marine 
Living Resources Convention Act of 1984 (AMLRCA) regulations, including 
those that implement the trade-monitoring program for frozen and fresh 
Dissostichus species, commonly marketed or referred to as Chilean 
seabass or Patagonian toothfish. Specifically, this action: revises 
regulations that specify the circumstances under which NMFS would deny 
issuance of a preapproval certificate that is required to legally 
import frozen Dissostichus species; adds regulations that specify the 
circumstances under which NMFS would deny issuance of a re-export or 
export document that is required to legally re-export or export both 
frozen and fresh Dissostichus species; clarifies that the applicable 
authorization must be received prior to re-export or export; and 
removes the prohibition on the importation of Dissostichus species 
harvested from the Food and Agriculture Organization of the United 
Nations (FAO) Statistical Areas 51 and 57. NMFS also makes other non-
substantive technical and procedural updates.

DATES: This rule is effective April 22, 2024.

FOR FURTHER INFORMATION CONTACT: Mi Ae Kim, Office of International 
Affairs, Trade, and Commerce (IATC), NMFS (phone 301-427-8365, or email 
[email protected]).

SUPPLEMENTARY INFORMATION:

Background

    The United States is a contracting party to the Convention on the

[[Page 20134]]

Conservation of Antarctic Marine Living Resources (Convention) and a 
member of the governing body established under the Convention--the 
Commission for the Conservation of Antarctic Marine Living Resources 
(CCAMLR or Commission). During its annual meetings, the Commission 
formulates and adopts conservation measures (CM) that apply to fishing 
for Antarctic marine living resources in the Convention Area, which 
generally consists of the Southern Ocean. AMLRCA, codified at 16 U.S.C. 
2431, et seq., provides the statutory authority for the United States 
to carry out its obligations under the Convention. Under section 
307(b)(1) of AMLRCA, 16 U.S.C. 2436(b), the Secretary of Commerce has 
authority to promulgate regulations as necessary and appropriate to 
implement AMLRCA. Acting under a delegation of that authority, the 
Assistant Administrator for Fisheries has implemented Commission-
adopted conservation measures that are binding on the United States 
through regulations at 50 CFR part 300, subpart G. NMFS proposed 
changes to its AMLRCA regulations on May 5, 2023 (88 FR 29043), and the 
public comment period on that proposed rule ended on June 5, 2023, but 
was reopened until June 30, 2023 (88 FR 39216, June 15, 2023). Further 
background is provided in the proposed rule (88 FR 29043, May 5, 2023), 
and, therefore, is not repeated here.
    To inhibit trade of illegal catches, CCAMLR adopted CM 10-05, which 
established an electronic Catch Documentation Scheme (CDS) for tracking 
of Dissostichus species from harvest through the trade cycle, including 
transshipment, landing, import, export, and re-export, regardless of 
where the fish were harvested. Under the regulations at 50 CFR part 
300, subpart G, the Assistant Administrator implemented the CCAMLR CDS, 
among other U.S. requirements, as a part of U.S. monitoring of trade in 
Antarctic marine living resources. Those regulations require a 
preapproval certificate for importation of frozen Dissostichus species, 
50 CFR 300.105(a). For re-export or export of frozen or fresh product, 
those regulations require an electronically-generated Dissostichus re-
export document (DRED), Sec.  300.106(f)(1)(ii) or export document 
(DED), Sec.  300.106(g)(1)(ii), respectively. As explained in more 
detail below, this final rule revises regulations at section 300.105 
that apply to issuance of preapproval certificates required for 
importation of frozen Dissostichus species, adds new regulations to 
section 300.106 that apply to issuance of DREDs and DEDs, and makes 
corresponding changes to the prohibitions under Sec.  300.114.
    In addition, NMFS is clarifying that a person must receive the 
electronically-generated DRED or DED required for re-export or export 
of Dissostichus species before re-exporting or exporting any shipments.
    Lastly, NMFS is updating references to the Antarctic Conservation 
Act (ACA) (16 U.S.C. 2401, et seq., as amended) and associated regional 
agreements, and contact information at NMFS and the Department of State 
for reporting violations of conservation measures adopted by CCAMLR.
    These regulatory revisions are further explained below.

Required Import and Trade Authorizations for Dissostichus Species and 
Prohibitions

    1. Revisions to prevent issuance of documents authorizing import, 
re-export, or export of illegally-harvested Dissostichus species.
    U.S. regulations provide that: ``No shipment of Dissostichus 
species shall be released for entry into the United States unless 
accompanied by an accurate, complete, valid and validated CCAMLR CDS 
document.'' 50 CFR 300.106(a)(2). This applies to all shipments, 
whether or not the subject Dissostichus species were harvested within 
or outside of the Convention Area and regardless of whether the 
respective harvesting vessel is flagged to a CCAMLR contracting party 
or a non-contracting party cooperating with CCAMLR by participating in 
the CDS. See 50 CFR 300.106(a)(1). Regulations that apply to issuance 
of preapproval certificates for importation of frozen Dissostichus 
species at Sec.  300.105(h) provide the circumstances when NMFS will 
not issue a preapproval certificate. This final rule revises 50 CFR 
300.105(h) by adding that NMFS will not issue a preapproval certificate 
for any shipment of frozen Dissostichus species determined to have been 
taken, possessed, transported, or sold in violation of:
     Any foreign law or regulation; or
     Any treaty within the meaning of section 2 of article II 
of the U.S. Constitution.
    In addition, under this final rule, NMFS will not issue a 
preapproval certificate for any shipment of frozen Dissostichus species 
determined to have been taken, possessed, transported, or sold in 
contravention of any binding conservation measure adopted by an 
international agreement or organization to which the United States is a 
party. This implements the prohibition on such imports under other 
existing federal law, e.g., section 307(1)(Q) of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 
U.S.C. 1857(1)(Q), and the Lacey Act, 16 U.S.C. 3372(a)). By 
implementing this prohibition, NMFS aligns the bases for denying 
preapprovals with prohibitions under other laws and avoids a possible 
scenario where a preapproval certificate is issued for product 
determined to be subject to enforcement action.
    Because this prohibition applies without geographic condition, NMFS 
will deny a preapproval certificate for Dissostichus species illegally 
harvested or transshipped outside the Convention Area, including within 
foreign exclusive economic zones or high seas areas under the 
competence of a regional fisheries management organization or other 
international agreement or organization.
    This final rule also revises regulations to implement the 
prohibition on the export and re-export of Dissostichus species 
determined to have been harvested in a manner inconsistent with CCAMLR 
conservation measures provided in the conservation measure that 
established the CCAMLR CDS. Specifically, this final rule revises 
regulations at Sec.  300.106(f)(1)(ii) and (g)(1)(ii) to provide that 
NMFS will not issue a DRED or DED when Dissostichus species are 
harvested or transshipped in contravention of a CCAMLR conservation 
measure in force, AMLRCA, or the regulations of this subpart. In 
addition, NMFS revises these paragraphs to include, as relevant, the 
bases for denial that are added to Sec.  300.105(h) (preapproval 
certificates) as discussed above. As with preapproval certificates, 
these bases for denial of a DRED or a DED will prevent a situation 
where NMFS issues a re-export or export document for Dissostichus 
species that is prohibited from trade and that may be subject to an 
enforcement action under other existing Federal law (e.g., Section 
307(1)(Q) of the Magnuson-Stevens Act and the Lacey Act, 16 U.S.C. 
3372(a)).
    The final rule makes corresponding revisions to the prohibitions 
under Sec.  300.114(o).
    2. Removal of the prohibition on imports of Dissostichus species 
from FAO Statistical Areas 51 and 57.
    This final rule removes the prohibition on the importation of 
Dissostichus species harvested from FAO Statistical Areas 51 and 57 in 
what was Sec.  300.105(h)(1) and 300.114(o). The removal of this 
prohibition is appropriate because the management, monitoring, and 
control of fishing for

[[Page 20135]]

Dissostichus species in the Southern and Indian Oceans have much 
improved since 2003, when this prohibition was implemented. For 
example, CCAMLR has enabled verification of Dissostichus species 
harvest locations reported in CDS documents, through vessel monitoring 
system (VMS) reporting requirements for vessels participating in 
Dissostichus species fisheries and processes for comparing CDS data 
with relevant catch data. In addition, NMFS, as a condition for 
issuance of a preapproval certificate for importation of frozen 
Dissostichus species, requires verifiable documentation that a 
harvesting vessel reported positions to CCAMLR's centralized VMS from 
port-to-port in real-time regardless of harvest location (50 CFR 
300.105(d)).
    With these improvements, along with the Southern Indian Ocean 
Fisheries Agreement (SIOFA) management of bottom-fishing activities in 
the Indian Ocean including the high seas portions of Statistical Areas 
51 and 57, the prohibition on imports from these areas is no longer 
warranted.

Other Technical and Administrative Changes

    1. Online application for a preapproval certificate.
    The Office of International Affairs, Trade, and Commerce has made 
the application process for preapproval certificates available online, 
including the ability to access forms, submit required information, and 
complete payment through a web portal. This process is in addition to 
options for applying by mail or email using the portable document 
format application form. The online application decreases the 
processing time for preapproval certificates and serves to facilitate 
entry processing for importers. This final rule revises Sec.  300.105 
by deleting the requirement to provide information ``in writing,'' and 
by noting that applications for a preapproval certificate are available 
from NMFS instead of NMFS Headquarters and the National Seafood 
Inspection Laboratory. This final rule removes the National Seafood 
Inspection Laboratory from the list of definitions in Sec.  300.101.
    2. Clarification on when a person must receive an electronically-
generated DRED or DED.
    Under Sec.  300.106(f)(1)(ii) and (g)(1)(ii), a person must receive 
an electronically-generated DRED or DED in order to re-export or export 
Dissostichus species from the United States. To ensure clarity on the 
timing of this requirement, this final rule revises Sec.  
300.106(f)(1)(ii) and (g)(1)(ii) to explicitly provide that a person 
must receive the electronically-generated DRED or DED before shipments 
of Dissostichus species are re-exported or exported, consistent with 
the obligations of CCAMLR CM 10-05.
    3. Updates to reflect the ACA, as amended.
    Congress amended the ACA to implement the Protocol on Environmental 
Protection to the Antarctic Treaty (Protocol) and as part of those 
amendments the statute was renamed the ``Antarctic Conservation Act.'' 
This final rule updates Sec.  300.101 to reflect that renaming. In 
addition, this final rule revises Sec.  300.102(b) to replace the 
reference to Agreed Measures for the Conservation of Antarctic Fauna 
and Flora, which is no longer in effect, with the Protocol. Similarly, 
this final rule removes a reference to the Agreed Measures in Sec.  
300.113(c)(1), removes a reference to the Protocol in Sec.  
300.113(a)(2) as there is no protected system under the Protocol that 
would apply to CCAMLR Ecosystem Monitoring Program (CEMP) sites, and 
updates a reference to specially protected areas regulated under the 
ACA.
    4. Update to contact information for reporting violations of CCAMLR 
conservation measures.
    This final rule updates the contact information under Sec.  300.115 
for reporting any violations of CCAMLR conservation measures observed 
in the Convention Area.

Changes From the Proposed Rule

    With the exception of a minor, non-substantive editorial correction 
in Sec.  300.107(a)(3) to correct a misspelling, this final rule 
includes no changes to the regulatory text that was published in the 
proposed rule.

Responses to Public Comments

    NMFS received several public comments on the proposed rule, 
addressed below.
    Comment 1. A commenter strongly supports the rule as it would 
contribute to fisheries monitoring and management.
    Response 1. We appreciate the support.
    Comment 2. For preapproval certificate applications, commenters 
noted that the proposed rule does not explain the process NMFS would 
use for determining violations of foreign laws and regulations pursuant 
to the new regulatory language. A commenter suggested adding a process 
for challenging or appealing a preapproval denial decision.
    Response 2. The intent of this action is to align the bases for 
denying preapprovals, or re-export or export documents, with 
prohibitions under other existing federal laws. When processing 
preapproval applications under the current regulations, NMFS routinely 
checks that regulatory requirements have been met before issuance of a 
preapproval certificate. Such checks include compliance with CCAMLR 
measures, whether the vessel harvesting the product reported to the 
CCAMLR central-vessel monitoring system during its fishing trip, and 
that the product is accompanied by the required, accurate, complete, 
valid, and validated CDS document(s). As with enforcement matters, NMFS 
would consider all relevant information when evaluating whether 
violations of laws or regulations have occurred, including the history, 
nature, circumstances, extent, duration, and gravity of activities of 
concern. NMFS may also consult with relevant nation(s). However, NMFS 
does not have the resources or capacity to proactively investigate 
potential activities of concern occurring around the world. When NMFS 
determines that Dissostichus species product to be imported was taken, 
possessed, transported, or sold in violation of any foreign laws or 
regulations, this final rule clarifies that NMFS has the authority to 
deny issuance of preapprovals (and re-export or export documents) for 
those products. If NMFS denies preapproval, it will document the basis 
for that decision in a written response to the applicant. This final 
rule does not provide an administrative procedure to challenge a 
denial. Such a decision by NMFS constitutes final agency action and 
therefore is subject to judicial review in a federal district court.
    Comment 3. Several commenters referred to NMFS' denial of a 
preapproval certificate to import Dissostichus species harvested in 
waters surrounding South Georgia in a recent fishing season, expressing 
concern that the new basis for denial in this action (denial of a 
preapproval certificate for shipments of Dissostichus species 
determined to have been taken, possessed, transported or sold in 
violation of any foreign law or regulation or in contravention of any 
binding conservation measure adopted by an international agreement or 
organization in which the United States is a party) is related to that 
denial.
    Response 3. NMFS issued the decision referenced in these comments--
to deny a preapproval certificate for Dissostichus species that were 
harvested in Statistical Subarea 48.3 (which includes the waters around 
South Georgia)--on September 15, 2022. That decision was based on a 
specific

[[Page 20136]]

CCAMLR conservation measure and existing regulations at 50 CFR 
300.105(d) and (h)(2). This final rule is unrelated to that September 
15, 2022, decision, and does not change those regulatory provisions 
except for making a technical change to renumber subparagraph (h)(2) as 
(h)(1). Thus, NMFS does not view this final rule as having any effect 
on the regulatory authority that the agency relied on in reaching that 
decision.
    Comment 4. Related to the comments directly above about issuance of 
preapproval certificates, several commenters raised concerns that this 
rule would lead to more frequent denials of imports of Dissostichus 
species. Commenters also expressed concerns that the circumstances 
under which NMFS would deny issuance of a preapproval certificate may 
lead to uncertainty about what can be imported into the United States, 
or may enable foreign governments to disrupt what is imported into the 
United States for politically motivated reasons.
    Response 4. Section 307(1)(Q) of the Magnuson-Stevens Act 
prohibits, among other things, imports or exports of any fish taken, 
possessed, transported, or sold in violation of any foreign law or 
regulation or any treaty or in contravention of any binding 
conservation measure adopted by an international agreement or 
organization to which the United States is a party. 16 U.S.C. 
1857(1)(Q). This prohibition has been in place for almost 20 years; 
similar provisions in the Lacey Act (16 U.S.C. 3372(a)) have been in 
place for much longer. To our knowledge, these prohibitions have not 
caused uncertainty about what can be imported into the United States or 
prompted changes to foreign laws or regulations with the intention of 
disrupting U.S. commerce. Moreover, because these prohibitions already 
exist, this final rule does not expand the scope of product that would 
be illegal to import. Instead, this final rule revises the Dissostichus 
species trade monitoring program regulations consistent with these 
prohibitions. This revision in this final rule clarifies that 
preapproval certificates will not be issued for product that would be 
subject to enforcement action if imported.
    Comment 5. A commenter seeks confirmation that the United States 
will continue to comply with the procedural requirements of CM 10-05, 
including the obligation under paragraph 10 of CM 10-05 to consult with 
the states concerned at the preapproval and importation stages of the 
trade cycle.
    Response 5. Paragraph 10 of CM 10-05 calls upon the exporting State 
and, as appropriate, the flag State whose vessel completed a 
Dissostichus Catch Document (DCD), to cooperate with the importing 
State to resolve any questions regarding the information contained in a 
DCD, DRED, or DED. This action does not change U.S. compliance with 
paragraph 10 of CM 10-05, which the United States implements when any 
questions about information contained in CDS documents arise. The 
United States is committed to implementation of all CCAMLR conservation 
measures, including CM 10-05.
    Comment 6. Regarding the clarification that DREDs and DEDs must be 
obtained before re-exporting or exporting Dissostichus species 
shipments, a commenter asked if this restricts the ability to re-route 
the shipment if the shipment has already left port. The commenter noted 
that shipments, on occasion, need to be rerouted if a customer of the 
importing country no longer will accept the shipment. The commenter 
sought a process for intermediary shipping stages that may require 
additional or amended export documentation.
    Response 6. In accordance with CM 10-05, DREDs and DEDs are to be 
validated with information about the importer before a company re-
exports or exports a shipment of Dissostichus species. This final rule 
does not change this existing process. Amendments to CM 10-05, and 
likely an implementing rulemaking, would be necessary to add a process 
to change the content of DREDs and DEDs following their validation.
    Comment 7. A commenter stated that there would be economic impacts 
on dealers of Antarctic marine living resources because the action 
prevents imports from the South Georgia fishery, and places compliance 
costs on dealers who will have to establish mechanisms to monitor the 
laws and regulations of every foreign nation to ensure access to 
preapproval certificates. The commenter also referred to the import 
data included by NMFS in the certification to the Small Business 
Administration (SBA) (14 million kilograms per year) and noted a lower 
value (8.8 million kg) using U.S. Census data for the 2018-2022 period 
to indicate the relative importance of every source of Dissostichus 
species. The commenter also noted that the removal of the import 
prohibition of Dissostichus species from FAO Statistical Areas 51 and 
57 (Indian Ocean) would not have a material impact on the U.S. market 
or the availability of Dissostichus species for import.
    Response 7. This rule does not prevent imports from the waters 
around South Georgia Island or any other waters within or outside the 
Convention Area. As explained in the response to comment 3, NMFS's 
denial of a preapproval certificate in September 2022 is unrelated to 
this action and was based on existing regulations. This action does not 
include any compliance monitoring requirements for importers. It does, 
however, provide NMFS with additional authority to monitor trade of 
Dissostichus species, and, as explained in response to comment 4, it 
clarifies NMFS's authority to prevent importation of illegally 
harvested product and aligns the regulations with other Federal laws.
    NMFS notes the updated information from the U.S. Census that, 
between 2017 and 2022, Dissostichus species imports averaged 9.3 
million kilograms with an annual average value of $238 million. NMFS 
also notes the information from the commenter that the removal of the 
import prohibition on Dissostichus species from the Southern Indian 
Ocean does not provide a significant new source of Dissostichus species 
for import. This updated and additional information, however, does not 
change NMFS' analysis of the economic impacts resulting from this 
action. As described in the proposed rule, this action does not require 
importers to change anything they currently do to apply for preapproval 
certificates, and is not expected to a measurable impact on the 
availability of Dissostichus species for import.

Classification

    This rule is published under the authority of the AMLRCA (16 U.S.C. 
2431 et seq.) and the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.). 
The NMFS Assistant Administrator has determined that this final rule is 
consistent with the provisions of these and other applicable laws, 
subject to further consideration after any relevant public comment.

Executive Order 12866

    This rule has been determined to be not significant for purposes of 
Executive Order 12866.

Regulatory Flexibility Act (RFA)

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the SBA at the proposed 
rule stage that this rule is not expected to have a significant 
economic impact on a substantial number of small entities. The factual 
basis for the certification was published in the proposed rule (88 FR 
29043, May 5, 2023) and is not repeated here. This final rule contains 
no substantive changes from the proposed rule, and the

[[Page 20137]]

factual basis for the certification remains the same. In addition, no 
comments were received that changed the basis for the certification. As 
a result, a regulatory flexibility analysis is not required and none 
has been prepared.

Paperwork Reduction Act

    This rule contains no new or revised collection-of-information 
requirements subject to the Paperwork Reduction Act. The regulatory 
text changes do not affect the previously approved public reporting 
burden for this information collection.

List of Subjects in 50 CFR Part 300

    Antarctica, Antarctic marine living resources, Catch documentation 
scheme, Fisheries, Fishing, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: March 15, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 300 as follows:

Subpart G--Antarctic Marine Living Resources

0
1. The authority citation for Subpart G is revised to read as follows:

    Authority:  16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq., 16 
U.S.C. 1801 et seq.

0
2. Amend Sec.  300.101 by revising the definition for ``ACA'', and 
removing the definition for ``National Seafood Inspection Laboratory'', 
to read as follows:


Sec.  300.101  Definitions.

* * * * *
    ACA means the Antarctic Conservation Act, 16 U.S.C. 2401, et seq., 
as amended.
* * * * *
0
3. Revise Sec.  300.102(b) to read as follows:


Sec.  300.102  Relationship to other treaties, conventions, laws, and 
regulations.

* * * * *
    (b) The ACA implements the Protocol on Environmental Protection to 
the Antarctic Treaty. The ACA and its implementing regulations 
(including, but not limited to, 45 CFR part 670) apply to certain 
defined activities of U.S. citizens south of 60[deg] S lat.
* * * * *
0
4. Amend Sec.  300.105 by revising paragraphs (b), (g)(1) and (2), and 
(h) to read as follows:


Sec.  300.105  Preapproval for importation of frozen Dissostichus 
species.

* * * * *
    (b) Application. Applications for a preapproval certificate are 
available from NMFS. With the exception of the U.S. Customs 7501 entry 
number, a complete and accurate application must be received by NMFS 
for each preapproval certificate at least 10 working days before the 
anticipated date of the importation. Dealers must supply the U.S. 
Customs 7501 entry number at least three working days prior to the 
expected arrival of a shipment of frozen Dissostichus species at a U.S. 
port.
* * * * *
    (g) * * *
    (1) For pending preapproval certificates, applicants must report to 
NMFS any changes in the information submitted in their preapproval 
certificate applications. NMFS may extend the processing period for the 
application as necessary to review and consider any changes.
    (2) For issued preapproval certificates, the certificate holder 
must report to NMFS any changes to information included in the 
preapproval certificate application. Any changes related to fish being 
imported, such as harvesting vessel or country of origin, type and 
quantity of the fish to be imported, or statistical subarea from which 
the resource was harvested, will void the preapproval certificate and 
the shipment may not be imported unless authorized by NMFS through 
issuance of a revised or new preapproval certificate.
* * * * *
    (h) NMFS will not issue a preapproval certificate for any shipment 
of Dissostichus species:
    (1) Determined to have been harvested or transshipped in 
contravention of any CCAMLR conservation measure in force at the time 
of harvest or transshipment;
    (2) Determined to have been taken, possessed, transported, or sold 
in violation of any foreign law or regulation or international 
agreement which is a treaty within the meaning of section II of article 
II of the U.S. Constitution;
    (3) Determined to have been taken, possessed, transported, or sold 
in contravention of any binding conservation measure adopted by an 
international agreement or organization to which the United States is a 
party;
    (4) Determined to have been harvested or transshipped by a vessel 
identified by CCAMLR as having engaged in illegal, unreported, and 
unregulated (IUU) fishing; or
    (5) Accompanied by inaccurate, incomplete, invalid, or improperly 
validated CDS documentation or by a SVDCD.
0
5. Amend Sec.  300.106 by revising paragraph (f)(1)(ii), adding 
paragraph (f)(3), revising paragraph (g)(1)(ii), and adding paragraph 
(g)(3) to read as follows:


Sec.  300.106  Catch Documentation Scheme (CDS): Documentation and 
other requirements.

* * * * *
    (f) * * *
    (1) * * *
    (ii) Obtain validation by a responsible official(s) designated by 
NMFS and receive an electronically-generated DRED before re-exporting 
shipments of Dissostichus species.
* * * * *
    (3) A DRED will not be issued for any shipment of Dissostichus 
species:
    (i) Determined to have been harvested or transshipped in 
contravention of any CCAMLR conservation measure in force at the time 
of harvest or transshipment;
    (ii) Determined to have been taken, possessed, transported, or sold 
in violation of any foreign law or regulation or international 
agreement which is a treaty within the meaning of section II of article 
II of the U.S. Constitution;
    (iii) Determined to have been taken, possessed, transported, or 
sold in contravention of any binding conservation measure adopted by an 
international agreement or organization to which the United States is a 
party;
    (iv) Determined to have been harvested or transshipped by a vessel 
identified by CCAMLR as having engaged in illegal, unreported, and 
unregulated (IUU) fishing;
    (v) Accompanied by inaccurate, incomplete, invalid, or improperly 
validated CDS documentation; or
    (vi) Imported in violation of AMLRCA or this subpart.
    (g) * * *
    (1) * * *
    (ii) Obtain validation by a responsible official(s) designated by 
NMFS and receive an electronically-generated DED before exporting 
shipments of Dissostichus species.
* * * * *
    (3) A DED will not be issued for any shipment of Dissostichus 
species:
    (i) Determined to have been harvested or transshipped in 
contravention of a CCAMLR conservation measure, AMLRCA, or this 
subpart;
    (ii) Determined to have been taken, possessed, transported, or sold 
in violation of any foreign law or regulation or international 
agreement which is a treaty within the meaning of section II of article 
II of the U.S. Constitution;

[[Page 20138]]

    (iii) Determined to have been taken, possessed, transported, or 
sold in contravention of any binding conservation measure adopted by an 
international agreement or organization to which the United States is a 
party;
    (iv) Determined to have been harvested or transshipped by a vessel 
identified by CCAMLR as having engaged in illegal, unreported, and 
unregulated (IUU) fishing; or
    (v) Accompanied by inaccurate, incomplete, invalid, or improperly 
validated CDS documentation.
* * * * *
0
6. In Sec.  300.107, revise paragraph (a)(3) to read as follows:


Sec.  300.107  Vessel permits and requirements.

    (a) * * *
    (3) Permits issued under this section do not authorize vessels or 
persons subject to the jurisdiction of the United States to harass, 
capture, harm, kill, harvest, or import marine mammals. No marine 
mammals may be taken in the course of commercial fishing operations 
unless the taking is authorized under the Marine Mammal Protection Act 
and/or the Endangered Species Act pursuant to an exemption or permit 
granted by the appropriate agency.
* * * * *
0
7. In Sec.  300.113, revise paragraphs (a)(2), (c)(1), and (l) to read 
as follows:


Sec.  300.113  CCAMLR Ecosystem Monitoring Program sites.

    (a) * * *
    (2) If a CEMP site is also an area specially protected under the 
Antarctic Treaty (such as the sites listed in 45 CFR 670.29(a)), an 
applicant seeking to enter such site must apply to the Director of the 
NSF for a permit under applicable provisions of the ACA or any 
superseding legislation. The permit granted by NSF shall constitute a 
joint CEMP/ACA Protected Site permit and any person holding such a 
permit must comply with the appropriate CEMP site management plan. In 
all other cases, an applicant seeking a permit to enter a CEMP site 
must apply to the Assistant Administrator for a CEMP permit in 
accordance with the provisions of this section.
* * * * *
    (c) * * *
    (1) The Antarctic Treaty as implemented by the ACA and any 
superseding legislation. (Persons interested in conducting activities 
subject to the Antarctic Treaty should contact the Office of Polar 
Programs, NSF).
* * * * *
    (l) Protected areas. Specially protected areas designated under the 
Antarctic Treaty and regulated under the ACA are listed at 45 CFR 
670.29(a). See also: https://www.ats.aq/e/protected.html.
* * * * *
0
8. Amend Sec.  300.114 by revising paragraph (o) to read as follows:


Sec.  300.114  Prohibitions.

* * * * *
    (o) Import, export, or re-export Dissostichus species that were:
    (1) Harvested or transshipped in contravention of a CCAMLR 
conservation measure, AMLRCA, or this subpart;
    (2) Taken, possessed, transported, or sold in violation of:
    (i) Any foreign law or regulation or
    (ii) Any international agreement which is a treaty within the 
meaning of section II of article II of the U.S. Constitution;
    (3) Taken, possessed, transported, or sold in contravention of any 
binding conservation measure adopted by an international agreement or 
organization to which the United States is a party;
    (4) Harvested or transshipped by a vessel identified by CCAMLR as 
having engaged in illegal, unreported, and unregulated (IUU) fishing, 
or
    (5) Unaccompanied by CDS documentation, accompanied by inaccurate, 
incomplete, invalid, or improperly validated CDS documentation, or 
accompanied by a SVDCD.
* * * * *
0
9. In Sec.  300.115, revise paragraph (b) to read as follows:


Sec.  300.115  Facilitation of enforcement and inspection.

* * * * *
    (b) Reports by non-inspectors. All scientists, fishermen, and other 
non-inspectors present in the Convention Area and subject to the 
jurisdiction of the United States are encouraged to report any 
violation of CCAMLR conservation measures observed in the Convention 
Area to the Office of Ocean and Polar Affairs (CCAMLR Violations), 
Department of State, Room 2665, Washington, DC 20520, 
[email protected], and the NMFS Office of International Affairs, 
Trade, and Commerce, https://www.fisheries.noaa.gov/about/office-international-affairs-trade-and-commerce.
* * * * *
[FR Doc. 2024-05936 Filed 3-20-24; 8:45 am]
BILLING CODE 3510-22-P