[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Proposed Rules]
[Pages 29043-29047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09214]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 230418-0104]
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: Proposed rule.
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SUMMARY: NMFS proposes to revise its Antarctic Marine Living Resources
Convention Act 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 would: revise regulations that specify the
circumstances under which NMFS would deny issuance of a preapproval
certificate that is required to legally import frozen Dissostichus
species; add 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; clarify that the applicable authorization must be
received prior to re-export or export; and remove the prohibition on
the importation of toothfish harvested from the Food and Agriculture
Organization of the United Nations (FAO) Statistical Areas 51 and 57.
NMFS also proposes other non-substantive technical and procedural
updates.
DATES: Written comments must be received by June 5, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0022, by any of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and
enter NOAA-NMFS-2023-0022 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Mi Ae Kim, Office of International
Affairs, Trade, and Commerce, National Marine Fisheries Service, 1315
East-West Highway (F/IS5), Silver Spring, MD 20910.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Mi Ae Kim, Office of International
Affairs, Trade, and Commerce, NMFS (phone 301-427-8365, or email
[email protected]).
SUPPLEMENTARY INFORMATION:
Background
The United States is a contracting party to the Convention on the
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 (CMs) that apply to fishing
for Antarctic marine living resources in the Convention Area, which
generally consists of the Southern Ocean. The Antarctic Marine Living
Resources Convention Act of 1984 (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 the
Act. 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.
To inhibit trade of illegal catches, CCAMLR adopted Conservation
Measure 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
[[Page 29044]]
has 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), and, for re-export or
export of frozen or fresh product, an electronically-generated
Dissostichus re-export document (DRED), 300.106(f)(1)(ii) or export
document (DED), 300.106(g)(1)(ii). As explained in more detail below,
this proposed rule would revise regulations at section 300.105 that
apply to issuance of preapproval certificates required for importation
of frozen Dissostichus species, add new regulations to section 300.106
that would apply to issuance of DREDs or DEDs, and make corresponding
changes to the prohibitions under section 300.114.
In addition, NMFS proposes to clarify 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 proposes to update references to the Antarctic
Conservation Act (16 U.S.C. 2401, et seq., as amended) and associated
regional agreements, and update contact information at NMFS and the
Department of State for reporting violations of conservation measures
adopted by CCAMLR.
These proposed 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 CCAMLR 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 300.105(h) provide the circumstances when NMFS will not
issue a preapproval certificate. These include any shipment of
Dissostichus species determined to have been harvested or transshipped
in contravention of any CCAMLR Conservation Measure in force at the
time of the harvest or transshipment; or harvested or transshipped by a
vessel identified by CCAMLR as having engaged in illegal, unreported
and unregulated (IUU) fishing. However, the current regulations do not
provide that 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, despite the fact that such imports would be prohibited
under other existing federal law (e.g., Section 307(1)(Q) of Magnuson-
Stevens Fishery Conservation and Management Act, Lacey Act, 16 U.S.C.
3372(a)). To address this inconsistency, and to avoid a possible
scenario where a preapproval certificate is issued for product
determined to be subject to enforcement action, NMFS proposes to
include additional bases for denial in 50 CFR 300.105(h).
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). Consistent with that
provision, this proposed rule would revise 50 CFR 300.105(h) to provide
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, NMFS proposes that it 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.
NMFS has also noted a gap in the current regulations that apply to
issuance of DREDs and DEDs for re-export or export of Dissostichus
species. These regulations at sections 300.106(f)(1)(ii) and (g)(1)(ii)
do not explicitly provide that NMFS may deny issuance of a DRED or DED
when Dissostichus species are harvested or transshipped in
contravention of a CCAMLR conservation measure in force. Under the
conservation measure that established the CCAMLR CDS, the export and
re-export of Dissostichus species determined to have been harvested in
a manner inconsistent with CCAMLR conservation measures is prohibited.
Thus, in order to implement that requirement, NMFS is proposing to
revise 300.106(f) and (g) to provide that a DRED or a DED will not be
issued for Dissostichus species that NMFS has determined were harvested
or transshipped in contravention of a CCAMLR Conservation Measure,
AMLRCA, or the regulations of this subpart. In addition, NMFS proposes
to revise these paragraphs to include, as relevant, the bases for
denial of issuance of a DRED or DED that are proposed to be added to
section 300.105(h) (preapproval certificates) as discussed above. As
with preapproval certificates, these bases for denial of a DRED or a
DED are necessary to avoid an inconsistency 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 Magnuson-Stevens
Fishery Conservation and Management Act, Lacey Act, 16 U.S.C. 3372(a)).
NMFS also proposes to make corresponding revisions to the
prohibitions under 50 CFR 300.114(o).
2. Removal of the Prohibition on Imports of Toothfish From FAO
Statistical Areas 51 and 57
This action would remove the prohibition on the importation of
toothfish harvested from FAO Statistical Areas 51 and 57 in 50 CFR
300.105(h)(1) and 300.114(o). NMFS believes removal of this prohibition
is appropriate because the management, monitoring and control of
toothfish fishing in the Southern and Indian Oceans has improved. In
2003, to prevent the entry of illegally-harvested toothfish into the
U.S. market, NMFS implemented an import prohibition of those species
identified as originating from FAO Statistical Areas 51 and 57.
Information available to NMFS at that time suggested that catches
attributed to Areas 51 and 57 in CDS documents had in fact been
illegally harvested from the Convention Area by unlicensed vessels. Any
catches of toothfish reported as originating from Statistical Areas 51
and
[[Page 29045]]
57 were deemed to be misrepresented because fisheries surveys and
bathymetric data available at the time suggested those areas had no
fishable concentrations of toothfish. In addition, there was
insufficient vessel monitoring system (VMS) data from the vessels
operating in those areas to verify the harvest location of catches
reported as originating from Statistical Areas 51 and 57.
Since 2003, CCAMLR has made a number of improvements and
advancements that enable verification of toothfish harvest locations
reported in CDS documents. Among these, CCAMLR has strengthened VMS
requirements for vessels participating in toothfish fisheries and
processes are in place to compare CDS data with relevant catch data. In
addition, since 2010, NMFS has, as a condition for issuance of a
preapproval certificate for importation of frozen toothfish, required
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(c).
In 2012, the Southern Indian Ocean Fisheries Agreement (SIOFA)
entered into force. SIOFA manages bottom-fishing activities in the
Southern Indian Ocean, including the high seas portions of Statistical
Areas 51 and 57. Vessels operating in SIOFA-managed areas are now
harvesting toothfish in commercial quantities under SIOFA-adopted catch
limits. In the last few years, toothfish has been caught in Statistical
Areas 51 and 57 by vessels of CCAMLR members, who are also members of
SIOFA, and tracked as required through the CDS. Thus, the bases for the
prohibition on imports from those areas (i.e., apparent lack of
fishable concentrations and insufficient monitoring and reporting) no
longer appear to be concerns.
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 decreased the
processing time for preapproval certificates and serves to facilitate
entry processing for importers. Language in 50 CFR 300.105 would be
updated to delete the requirement to provide information ``in
writing,'' as well as note that applications for a preapproval
certificate are available from NMFS instead of NMFS Headquarters and
the National Seafood Inspection Laboratory. Accordingly, the National
Seafood Inspection Laboratory would be removed from the list of
definitions in 50 CFR 300.101. These proposed regulatory text changes
do not affect the previously approved public reporting burden for this
information collection.
2. Clarification on When a Person Must Receive an Electronically-
Generated Dissostichus Re-Export Document (DRED) or Export Document
(DED)
Under 50 CFR 300.106(f)(1)(ii) and (g)(1)(ii), a person must
receive an electronically-generated DRED or export document DED in
order to re-export or export Dissostichus species from the United
States. While NMFS believed that it is clear that a person must have a
DRED or DED before re-exporting or exporting Dissostichus species, in
order to ensure that there is no confusion on when a person must have a
DRED or DED to legally export or re-export Dissostichus species, NMFS
proposes to revise 50 CFR 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.
3. Updates To Reflect the Antarctic Conservation Act, as Amended
Congress amended the Antarctic Conservation Act of 1978 (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 proposed rule would
update 50 CFR 300.101 to reflect that renaming. 50 CFR 300.102(b) would
be revised 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, the reference to the Agreed
Measures would be removed from 50 CFR 300.113(c)(1). Also in 50 CFR
300.113(a)(2), the reference to the Protocol would be removed because
there is no protected system under the Protocol that would apply to
CCAMLR Ecosystem Monitoring Program (CEMP) sites. A reference related
to specially protected areas regulated under the ACA is also updated.
4. Update to Contact Information for Reporting Violations of CCAMLR
Conservation Measures
In 50 CFR 300.115, NMFS is proposing amendments that would update
contact information for reporting any violations of CCAMLR conservation
measures observed in the Convention Area.
Classification
This proposed rule is published under the authority of the
Antarctic Marine Living Resources Convention Act of 1984 (16 U.S.C.
2431 et seq.) and the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.). The NMFS Assistant
Administrator has determined that this proposed action 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 Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities.
The proposed rule relates to trade of toothfish: Antarctic and
Patagonian toothfish species (Dissostichus mawsoni and D. eleginoides,
respectively). There are approximately 80 dealers who could fall within
the scope of NMFS's AMLRCA regulations. All U.S. dealers are considered
small entities under the ``Small Business Size Regulations''
established by the SBA under 13 CFR 121.201. Although all regulated
entities are considered small under the SBA size standard, this rule is
expected to have no significant economic impact on these regulated
entities.
The proposed changes would amend the circumstances when NMFS will
deny a preapproval certificate for importation of frozen Dissostichus
species, to include the following additional circumstances, consistent
with section 307(1)(Q) of the Magnuson-Stevens Fishery Conservation and
Management Act: 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.
[[Page 29046]]
In addition, NMFS proposes that it 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.
These changes are not expected to have any economic impacts on
dealers of Antarctic marine living resources (AMLR) product. These
additional circumstances in which NMFS will deny a preapproval
certificate would not require importers to change anything they
currently do to apply for a preapproval certificate. Similarly, the
addition of the same criteria for denying a DRED or DED is not expected
to have any economic impacts on dealers of AMLR product and would not
require exporters to do anything differently when re-exporting or
exporting toothfish species. By providing additional circumstances in
which NMFS will deny a preapproval certificate, DRED, or DED these
proposed amendments will ensure that such documents are not issued for
trade that would be prohibited under other existing federal law (e.g.,
Section 307(1)(Q) of Magnuson-Stevens Fishery Conservation and
Management Act, Lacey Act, 16 U.S.C. 3372(a)). As this proposed change
does not affect compliance costs or add any regulatory burden, AMLR
dealers would not incur additional economic costs.
The proposed change to remove the import prohibition of
Dissostichus species harvested in FAO Statistical Areas 51 and 57 (in
the Indian Ocean) would allow AMLR dealers an additional potential
source of toothfish for import into the United States. Toothfish
imports from these dealers average 14 million kilograms per year and
are valued at $225 million per year. Toothfish is considered a luxury
product due to its high market price (according to the industry source
Urner Barry, the average market price for processed toothfish has
ranged from $18 to $20 per pound since 2019, with more recent pricing
on the upper end of that scale). The increased sourcing options for
dealers of toothfish, in addition to the existing available sources,
expands dealer access to product. This additional source of product may
increase options for small entities to seek more competitive prices and
increase profits from this high end product.
The other proposed changes in this rule: clarifying that an
electronically-generated DRED or DED must be received before re-
exporting or exporting shipments of Dissostichus species; updating
language by removing ``in writing'' in preapproval certificate
application provisions; updating references to the Antarctic
Conservation Act (ACA); and revising contact information are
administrative in nature and not expected to economically impact
dealers engaged in the import, re-export, and export of toothfish. The
clarification of the requirement to receive the DRED or DED prior to
re-exporting or exporting shipments of toothfish would not impact
dealers of toothfish because this requirement already exists and
dealers already have to comply with it. NMFS is clarifying the
requirement to prevent any possible confusion. The remaining proposed
changes listed here would not affect dealers of toothfish.
For the above reasons, this proposed rule is not expected to have a
significant economic impact on a substantial number of small entities.
As a result, a regulatory flexibility analysis was not prepared.
Paperwork Reduction Act
This proposed rule contains no new or revised collection-of-
information requirements subject to the Paperwork Reduction Act. The
proposed 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: April 26, 2023.
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:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart G--Antarctic Marine Living Resources
0
1. The authority citation for part 300, 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 removing the definition for National Seafood
Inspection Laboratory and revising the definition for ACA 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) * * *
(1) Determined to have been harvested or transshipped in
contravention of any CCAMLR Conservation Measure in force at the time
of harvest or transshipment;
[[Page 29047]]
(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. In Sec. 300.106, revise paragraph (f)(1)(ii), add paragraph (f)(3),
revise paragraph (g)(1)(ii), and add paragraph (g)(3). The revisions
and additions 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;
(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. 300.113, 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
7. Amend Sec. 300.114 by revising paragraph (o) to read as follows:
Sec. 300.114 Prohibitions.
* * * * *
(o) Import, export or re-export Dissostichus spp. 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 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
8. 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.
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[FR Doc. 2023-09214 Filed 5-4-23; 8:45 am]
BILLING CODE 3510-22-P