[Federal Register Volume 66, Number 174 (Friday, September 7, 2001)]
[Rules and Regulations]
[Pages 46740-46741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22553]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 010719181-1181-01; I.D. 062501A]
RIN 0648-AP35
Antarctic Marine Living Resources; Harvesting and Dealer Permits,
and Catch Documentation
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interpretive rule.
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SUMMARY: NMFS issues a rule clarifying NMFS' interpretation of the
Antarctic Marine Living Resources Convention Act of 1984 (AMLRCA) which
prohibits the import into the United States of Dissostichus eleginoides
(Patagonian toothfish), Dissostichus mawsoni(Antarctic toothfish), and
products from such fish harvested in violation of a conservation
measure in force with respect to the United States. NMFS interprets
this prohibition as applying to Patagonian and Antarctic toothfish and
products from such fish, even if such fish or products are accompanied
by a validated Dissostichus Catch Document (DCD), if the fish were
harvested in violation of a conservation measure in force with respect
to the United States. NMFS issues this interpretative rule because of
recent requests for permits from U.S. importers wishing to receive
toothfish that were harvested in violation of a conservation measure in
force with respect to the United States, seized by a foreign law
enforcement authority, and accompanied by DCDs validated by the country
that seized the fish. The intent of this interpretation is to clarify
that under United States law, such fish cannot be imported into the
United States.
DATES: This rule is effective September 7, 2001.
ADDRESSES: Copies of the Regulatory Impact Review supporting this
action may be obtained from Dean Swanson or Mark Wildman, International
Fisheries Division, Office of Sustainable Fisheries, NMFS, 1315 East-
West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Dean Swanson or Mark Wildman at 301-
713-2276.
SUPPLEMENTARY INFORMATION: The Antarctic fisheries are managed in
accordance with the Convention on the Conservation of Antarctic Marine
Living Resources (Convention). Under the authority of the AMLRCA, 16
U.S.C. 2431 et seq., NMFS implements conservation measures adopted by
the Commission for the Conservation of Antarctic Marine Living
Resources (CCAMLR) through regulations at 50 CFR part 300, subpart G.
In accordance with CCAMLR's requirements, the Secretary of the
Department of Commerce (Secretary) has implemented a Catch
Documentation Scheme (CDS) for Patagonian and Antarctic toothfish,
which requires that shipments of such product be accompanied by
validated documentation. At CCAMLR's October/November 2000 annual
meeting, CCAMLR discussed the difficulties experienced by some Member
countries that had seized or confiscated a catch or shipment of
Patagonian or Antarctic toothfish and wished to export it to another
country. CCAMLR considered a proposal that would have allowed a Member
country that had seized toothfish to issue a new ``DCD'' and sell the
fish in the international market. However, there was insufficient
support to adopt that proposal, and CCAMLR agreed to discuss the
proposal further. Since last November, the United States has received
requests for permits from importers wishing to receive illegally
harvested toothfish accompanied by DCDs validated by the countries that
seized such fish.
The purpose of the AMLRCA is to provide legislative authority for
implementation of the Convention. (16 U.S.C. 2431(b)). The AMLRCA
states that it is illegal for any person to ``ship, transport, offer
for sale, sell, purchase, import, export, or have custody, control or
possession of any antarctic living marine resource (or part or product
thereof) which he knows, or reasonably should have known, was harvested
in violation of a conservation measure in force with respect to the
United States . . . .'' (16 U.S.C. 2435 (3)). Neither the Convention
nor any of CCAMLR's conservation measures currently contains a
provision for ``cleansing'' illegally harvested toothfish. Thus, in
light of the explicit statutory prohibition and the lack of
international agreements to the contrary, NMFS interprets U.S. law to
prohibit the import of illegally harvested, seized fish even if it is
accompanied by a validated DCD. The fact that the fish has been seized
by a foreign law enforcement authority and that it is accompanied by a
DCD issued by the country that seized the fish, does not change the
fact that the fish was harvested in violation of a conservation
[[Page 46741]]
measure. Pursuant to the procedures established to implement section 6
of Executive Order 12866, the Office of Management and Budget has
determined that this interpretive rule is not significant.
Dated: August 30, 2001.
John Oliver
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 01-22553 Filed 9-6-01; 8:45 am]
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