81 FR 66625 - Taking and Importing of Marine Mammals and Dolphin-Safe Tuna Products

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 188 (September 28, 2016)

Page Range		66625-66627
FR Document		2016-23333

The Assistant Administrator for Fisheries, NMFS, (Assistant Administrator) has issued a determination, under the Dolphin Protection Consumer Information Act (DPCIA), of regular and significant mortality and serious injury of dolphins in gillnet fisheries harvesting tuna by vessels flagged under the Governments of India, Iran, Mozambique, Pakistan, Oman, Saudi Arabia, Sri Lanka, Tanzania, the United Arab Emirates, and Yemen. This determination triggers additional documentation requirements for tuna product from those fisheries that is exported from or offered for sale in the United States, including that such tuna must be accompanied by a written statement executed by an observer participating in a national or international program acceptable to the Assistant Administrator, in addition to such statement by the captain of the vessel, that certifies that no dolphins were killed or seriously injured in the sets or other gear deployments in which the tuna were caught and certain other required information regarding dolphin interactions and segregation of tuna. These determinations were based on review of scientific information and, when available, documentary evidence submitted by the relevant government.

Federal Register, Volume 81 Issue 188 (Wednesday, September 28, 2016)

[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Notices]
[Pages 66625-66627]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23333]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE905


Taking and Importing of Marine Mammals and Dolphin-Safe Tuna 
Products

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

ACTION: Notice; determination of regular and significant mortality and 
serious injury of dolphins.

-----------------------------------------------------------------------

SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant 
Administrator) has issued a determination, under the Dolphin Protection 
Consumer Information Act (DPCIA), of regular and significant mortality 
and serious injury of dolphins in gillnet fisheries harvesting tuna by 
vessels flagged under the Governments of India, Iran, Mozambique, 
Pakistan, Oman, Saudi Arabia, Sri Lanka, Tanzania, the United Arab 
Emirates, and Yemen. This determination triggers additional 
documentation requirements for tuna product from those fisheries that 
is exported from or offered for sale in the United States, including 
that such tuna must be accompanied by a written statement executed by 
an observer participating in a national or international program 
acceptable to the Assistant Administrator, in addition to such 
statement by the captain of the vessel, that certifies that no dolphins 
were killed or seriously injured in the sets or other gear deployments 
in which the tuna were caught and certain other required information 
regarding dolphin interactions and segregation of tuna. These 
determinations were based on review of scientific information and, when 
available, documentary evidence submitted by the relevant government.

DATES: Effective November 28, 2016, except the new requirements for 
observer statements that will be effective upon announcement in the 
Federal Register of approval by the

[[Page 66626]]

Office of Management and Budget under the Paperwork Reduction Act.

FOR FURTHER INFORMATION CONTACT: Nina M. Young, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. 
Phone: 301-427-8383 Email: [email protected]. More information on 
this final action can be found on the NMFS Web site at http://www.nmfs.noaa.gov/ia/.

SUPPLEMENTARY INFORMATION: The DPCIA, 16 U.S.C. 1385 et seq., states 
that it is a violation of section 5 of the Federal Trade Commission Act 
(15 U.S.C. 45) for any producer, importer, exporter, distributor, or 
seller of any tuna product that is exported from or offered for sale in 
the United States to include on the label of that product the term 
``dolphin safe'' or any other term or symbol that falsely claims or 
suggests that the tuna contained in the product were harvested using a 
method of fishing that is not harmful to dolphins if the product does 
not meet the dolphin safe requirements set out in the statute and 
elaborated in the NMFS implementing regulations.
    50 CFR 216.91 provides that tuna product prepared from tuna 
harvested by purse seine vessels of more than 400 short tons carrying 
capacity in the eastern tropical Pacific Ocean (ETP) and labeled 
``dolphin safe'' is required to be accompanied by both a captain and an 
observer statement that the tuna meets the ``dolphin safe'' criteria 
under the DPCIA. Tuna product prepared from tuna harvested in other 
fisheries and labeled ``dolphin safe'' is required to be accompanied by 
a captain's statement that the tuna meets the ``dolphin safe'' criteria 
and may require an observer statement if additional requirements are 
triggered.
    In addition, under 50 CFR 216.91, tuna product labeled ``dolphin 
safe'' that was prepared from tuna caught in a fishery ``in which the 
Assistant Administrator has determined that either a regular and 
significant association between dolphins and tuna (similar to the 
association between dolphins and tuna in the ETP) or a regular and 
significant mortality or serious injury of dolphins is occurring'' must 
be accompanied by ``a written statement, executed by the captain of the 
vessel and an observer participating in a national or international 
program acceptable to the Assistant Administrator, unless the Assistant 
Administrator determines an observer statement is unnecessary.'' The 
captain and observer statements must certify that: No fishing gear was 
intentionally deployed on or used to encircle dolphins during the trip 
on which the tuna were caught; no dolphins were killed or seriously 
injured in the sets or other gear deployments in which the tuna were 
caught; and if non-dolphin-safe tuna was retained on the same fishing 
trip; and (C) tuna caught in sets designated as dolphin-safe was stored 
physically separate from tuna caught in a non-dolphin-safe set by the 
use of netting, other material, or separate storage areas from the time 
of capture through unloading.
    50 CFR 216.91 provides that, for tuna product prepared from tuna 
harvested in other than the ETP large purse seine fishery and labeled 
``dolphin safe,'' U.S. processors and importers of record must collect 
and retain for 2 years information on each point in the chain of 
custody regarding the shipment of the tuna or tuna product to the point 
of entry into U.S. commerce. The retained information must be provided 
to NMFS upon request and must be sufficient for NMFS to conduct a trace 
back to verify that the tuna product certified as dolphin-safe to NMFS, 
in fact, meets the dolphin-safe requirements for such certification.
    In addition, under 50 CFR 216.91, tuna product prepared from tuna 
harvested in fisheries in which the Assistant Administrator has 
determined that a ``regular and significant'' mortality or serious 
injury of dolphins or a ``regular and significant'' tuna-dolphin 
association is occurring and labeled dolphin-safe must be accompanied 
by a government certificate validating: (1) The catch documentation is 
correct; (2) the tuna or tuna products meet the dolphin-safe standards 
under 50 CFR 216.91; and (3) the chain of custody information is 
correct.
    The Assistant Administrator makes a determination of ``regular and 
significant mortality or serious injury of dolphins'' based upon the 
readily available information showing that the mortality or serious 
injury occurring in the fishery exceeds that of the large purse seine 
tuna fishery in the ETP.
    A regular and significant determination will be terminated, in 
consultation with the Secretary of State, if the Assistant 
Administrator determines that the mortality and serious injury of 
dolphins for a particular fishery is less than that occurring in the 
large purse seine tuna fishery in the ETP.
    Pursuant to 50 CFR 216.91(a)(3)(v), the Assistant Administrator 
considered readily available information and documentary evidence 
submitted, in response to letters requesting information, by the 
relevant governments and determined that gillnet fisheries harvesting 
tuna flagged under the jurisdiction of the Governments of India, Iran, 
Mozambique, Pakistan, Oman, Saudi Arabia, Sri Lanka, Tanzania, the 
United Arab Emirates, and Yemen have a regular and significant 
mortality or serious injury of dolphins in the course of those fishing 
operations.
    After consultation with the Department of State, the Assistant 
Administrator issued a regular and significant determination for such 
gillnet fisheries to the Governments of India, Iran, Mozambique, 
Pakistan, Oman, Saudi Arabia, Sri Lanka, Tanzania, the United Arab 
Emirates, and Yemen. Tuna products from those fisheries harvested on 
fishing trips that begin on or after the effective date of this notice 
are therefore subject to the regulations set forth in 50 CFR 
216.91(a)(3)(v) and (a)(5)(ii), including a requirement that tuna and 
tuna products from these fisheries exported from or offered for sale in 
the United States that are marketed as or include on the label of that 
product the term ``dolphin safe'' must be accompanied, as described in 
50 CFR 216.91(a)(3)(v), by a written statement executed by both the 
captain of the vessel and also, as described above, a statement by an 
observer participating in a national or international program 
acceptable to the Assistant Administrator, that certifies that no 
dolphins were killed or seriously injured in the sets or other gear 
deployments in which the tuna were caught and certain other required 
information regarding dolphin interactions and segregation of tuna.
    The Assistant Administrator has not yet determined that any 
national or international observer program operating in the fisheries 
identified in this notice are ``acceptable'' for purposes of 50 CFR 
216.91(a)(3)(v). To make determinations that an observer program is 
``acceptable'' for purposes of 50 CFR 216.91(a)(3)(v), the Assistant 
Administrator will use the applicable criteria set forth in the Federal 
Register notice published July 14, 2014, (79 FR 40718) entitled 
``Determination of Observer Programs as Qualified and Authorized by the 
Assistant Administrator for Fisheries.'' Government authorities of the 
nations identified above are invited to submit information to NMFS that 
would support a determination that an observer program is acceptable 
for the purposes of making the statements required under 50 CFR 
216.91(a)(3)(v).


[[Page 66627]]


    Dated: September 21, 2016.
John Henderschedt,
Director, Office of International Affairs and Seafood Inspection, 
National Marine Fisheries Service.
[FR Doc. 2016-23333 Filed 9-27-16; 8:45 am]
BILLING CODE 3510-22-P

66626 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices

Office of Management and Budget under dolphins during the trip on which the governments and determined that
the Paperwork Reduction Act. tuna were caught; no dolphins were gillnet fisheries harvesting tuna flagged
FOR FURTHER INFORMATION CONTACT: killed or seriously injured in the sets or under the jurisdiction of the
Nina M. Young, National Marine other gear deployments in which the Governments of India, Iran,
Fisheries Service, 1315 East-West tuna were caught; and if non-dolphin- Mozambique, Pakistan, Oman, Saudi
Highway, Silver Spring, MD 20910. safe tuna was retained on the same Arabia, Sri Lanka, Tanzania, the United
Phone: 301–427–8383 Email: fishing trip; and (C) tuna caught in sets Arab Emirates, and Yemen have a
Nina.Young@noaa.gov. More designated as dolphin-safe was stored regular and significant mortality or
information on this final action can be physically separate from tuna caught in serious injury of dolphins in the course
found on the NMFS Web site at http:// a non-dolphin-safe set by the use of of those fishing operations.
www.nmfs.noaa.gov/ia/. netting, other material, or separate
storage areas from the time of capture After consultation with the
SUPPLEMENTARY INFORMATION: The Department of State, the Assistant
DPCIA, 16 U.S.C. 1385 et seq., states through unloading.
50 CFR 216.91 provides that, for tuna Administrator issued a regular and
that it is a violation of section 5 of the significant determination for such
product prepared from tuna harvested
Federal Trade Commission Act (15 gillnet fisheries to the Governments of
in other than the ETP large purse seine
U.S.C. 45) for any producer, importer, India, Iran, Mozambique, Pakistan,
fishery and labeled ‘‘dolphin safe,’’ U.S.
exporter, distributor, or seller of any
processors and importers of record must Oman, Saudi Arabia, Sri Lanka,
tuna product that is exported from or collect and retain for 2 years Tanzania, the United Arab Emirates,
offered for sale in the United States to information on each point in the chain and Yemen. Tuna products from those
include on the label of that product the of custody regarding the shipment of the fisheries harvested on fishing trips that
term ‘‘dolphin safe’’ or any other term tuna or tuna product to the point of
or symbol that falsely claims or suggests begin on or after the effective date of
entry into U.S. commerce. The retained this notice are therefore subject to the
that the tuna contained in the product information must be provided to NMFS
were harvested using a method of regulations set forth in 50 CFR
upon request and must be sufficient for 216.91(a)(3)(v) and (a)(5)(ii), including a
fishing that is not harmful to dolphins NMFS to conduct a trace back to verify
if the product does not meet the dolphin requirement that tuna and tuna products
that the tuna product certified as from these fisheries exported from or
safe requirements set out in the statute dolphin-safe to NMFS, in fact, meets the
and elaborated in the NMFS offered for sale in the United States that
dolphin-safe requirements for such are marketed as or include on the label
implementing regulations. certification.
50 CFR 216.91 provides that tuna In addition, under 50 CFR 216.91, of that product the term ‘‘dolphin safe’’
product prepared from tuna harvested tuna product prepared from tuna must be accompanied, as described in
by purse seine vessels of more than 400 harvested in fisheries in which the 50 CFR 216.91(a)(3)(v), by a written
short tons carrying capacity in the Assistant Administrator has determined statement executed by both the captain
eastern tropical Pacific Ocean (ETP) and that a ‘‘regular and significant’’ of the vessel and also, as described
labeled ‘‘dolphin safe’’ is required to be mortality or serious injury of dolphins above, a statement by an observer
accompanied by both a captain and an or a ‘‘regular and significant’’ tuna- participating in a national or
observer statement that the tuna meets dolphin association is occurring and international program acceptable to the
the ‘‘dolphin safe’’ criteria under the labeled dolphin-safe must be Assistant Administrator, that certifies
DPCIA. Tuna product prepared from accompanied by a government that no dolphins were killed or
tuna harvested in other fisheries and certificate validating: (1) The catch seriously injured in the sets or other
labeled ‘‘dolphin safe’’ is required to be documentation is correct; (2) the tuna or gear deployments in which the tuna
accompanied by a captain’s statement tuna products meet the dolphin-safe were caught and certain other required
that the tuna meets the ‘‘dolphin safe’’ standards under 50 CFR 216.91; and (3) information regarding dolphin
criteria and may require an observer the chain of custody information is interactions and segregation of tuna.
statement if additional requirements are correct. The Assistant Administrator has not
triggered. The Assistant Administrator makes a
In addition, under 50 CFR 216.91, yet determined that any national or
determination of ‘‘regular and international observer program
tuna product labeled ‘‘dolphin safe’’ significant mortality or serious injury of
that was prepared from tuna caught in operating in the fisheries identified in
dolphins’’ based upon the readily
a fishery ‘‘in which the Assistant this notice are ‘‘acceptable’’ for
available information showing that the
Administrator has determined that purposes of 50 CFR 216.91(a)(3)(v). To
mortality or serious injury occurring in
either a regular and significant make determinations that an observer
the fishery exceeds that of the large
association between dolphins and tuna program is ‘‘acceptable’’ for purposes of
purse seine tuna fishery in the ETP.
(similar to the association between A regular and significant 50 CFR 216.91(a)(3)(v), the Assistant
dolphins and tuna in the ETP) or a determination will be terminated, in Administrator will use the applicable
regular and significant mortality or consultation with the Secretary of State, criteria set forth in the Federal Register
serious injury of dolphins is occurring’’ if the Assistant Administrator notice published July 14, 2014, (79 FR
must be accompanied by ‘‘a written determines that the mortality and 40718) entitled ‘‘Determination of
statement, executed by the captain of serious injury of dolphins for a Observer Programs as Qualified and
the vessel and an observer participating particular fishery is less than that Authorized by the Assistant
in a national or international program occurring in the large purse seine tuna Administrator for Fisheries.’’
mstockstill on DSK3G9T082PROD with NOTICES

acceptable to the Assistant fishery in the ETP. Government authorities of the nations
Administrator, unless the Assistant Pursuant to 50 CFR 216.91(a)(3)(v), identified above are invited to submit
Administrator determines an observer the Assistant Administrator considered information to NMFS that would
statement is unnecessary.’’ The captain readily available information and support a determination that an
and observer statements must certify documentary evidence submitted, in observer program is acceptable for the
that: No fishing gear was intentionally response to letters requesting purposes of making the statements
deployed on or used to encircle information, by the relevant required under 50 CFR 216.91(a)(3)(v).

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Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices 66627

Dated: September 21, 2016. Endangered Species Act of 1973, as 2181⁄2 W. 4th Avenue, Olympia, WA
John Henderschedt, amended (ESA; 16 U.S.C. 1531 et seq.), 98501, has been issued a minor
Director, Office of International Affairs and the regulations governing the taking, amendment to Scientific Research
Seafood Inspection, National Marine importing, and exporting of endangered Permit No. 15330.
Fisheries Service. and threatened species (50 CFR parts
[FR Doc. 2016–23333 Filed 9–27–16; 8:45 am] 222–226), and the Fur Seal Act of 1966, ADDRESSES: The amendment and related
BILLING CODE 3510–22–P as amended (16 U.S.C. 1151 et seq.). documents are available for review
The permits (Nos. 19436 and 19592) upon written request or by appointment
authorize the Permit Holders to perform in the Permits and Conservation
DEPARTMENT OF COMMERCE a series of activities to fulfill their Division, Office of Protected Resources,
Biosampling, Entanglement/ NMFS, 1315 East-West Highway, Room
National Oceanic and Atmospheric Disentanglement, and Island Sentinel 13705, Silver Spring, MD 20910; phone
Administration Program responsibilities as established (301) 427–8401; fax (301) 713–0376.
RIN 0648–XE560 under the co-management agreements
FOR FURTHER INFORMATION CONTACT:
between NMFS and the Aleut
Communities. See tables in the permits Shasta McClenahan or Carrie Hubard,
Marine Mammals; File Nos. 19436 and
19592 for authorized numbers of takes by (301) 427–8401.
species, stock and activity. The permits SUPPLEMENTARY INFORMATION: The
AGENCY: National Marine Fisheries are valid until September 30, 2021. requested amendment has been granted
Service (NMFS), National Oceanic and In compliance with the National
Atmospheric Administration (NOAA), under the authority of the Marine
Environmental Policy Act of 1969 (42 Mammal Protection Act of 1972, as
Commerce. U.S.C. 4321 et seq.), NMFS has amended (16 U.S.C. 1361 et seq.), the
ACTION: Notice; issuance of permits. determined that the activities proposed
regulations governing the taking and
are consistent with the Preferred
SUMMARY: Notice is hereby given that importing of marine mammals (50 CFR
Alternative in the Final Programmatic
permits have been issued to the Aleut part 216), the Endangered Species Act of
Environmental Impact Statement for
Community of St. Paul Island, Tribal Steller Sea Lion and Northern Fur Seal 1973, as amended (ESA; 16 U.S.C. 1531
Government, Ecosystem Conservation Research (NMFS 2007), and the et seq.), and the regulations governing
Office [File No. 19436], 2050 Venia Environmental Assessment for Issuance the taking, importing, and exporting of
Minor Road, P.O. Box 86, St. Paul of Permits to take Steller Sea Lions by endangered and threatened species (50
Island, AK 99660 [Responsible Party: harassment during surveys using CFR parts 222–226).
Pamela Lestenkof], and the St. George unmanned aerial systems (NMFS 2014), The original permit (No. 15330),
Traditional Council, Ecosystem and that issuance of the permits would issued on July 28, 2011 (76 FR 48146)
Conservation Office [File No. 19592], not have a significant adverse impact on authorized harassment of 40 cetacean
P.O. Box 940, St. George Island, Alaska the human environment. species through vessel approach for
99591 [Responsible Party: Chris As required by the ESA, issuance of
Merculief], to conduct research on and sighting surveys, photographic
the permits was based on a finding that identification, behavioral research,
export specimens of northern fur seals such permits: (1) Were applied for in
(Callorhinus ursinus), Steller sea lions opportunistic sampling (breath,
good faith; (2) will not operate to the sloughed skin, fecal material, and prey
(Eumetopias jubatus), harbor seals disadvantage of such endangered
(Phoca vitulina) for scientific research. remains), and aerial over-flights. All
species; and (3) are consistent with the
ADDRESSES: The permit and related
cetacean species except harbor porpoise
purposes and policies set forth in
documents are available for review section 2 of the ESA. (Phocoena phocoena), right whales
upon written request or by appointment (Eubalaena japonica), Cook Inlet beluga
Dated: September 22, 2016. whales (Delphinapterus leucas), and
in the Permits and Conservation Julia Harrison,
Division, Office of Protected Resources, unidentified mesoplodon and baleen
Chief, Permits and Conservation Division, species will be targeted for dart and/or
NMFS, 1315 East-West Highway, Room Office of Protected Resources, National
13705, Silver Spring, MD 20910; phone suction-cup tagging. Import and export
Marine Fisheries Service.
(301) 427–8401; fax (301) 713–0376. of marine mammal prey specimens,
[FR Doc. 2016–23316 Filed 9–27–16; 8:45 am]
FOR FURTHER INFORMATION CONTACT: Rosa sloughed skin, fecal, and breath samples
BILLING CODE 3510–22–P
González or Amy Sloan, (301) 427– obtained is authorized. Seven species of
8401. pinnipeds may be incidentally harassed
DEPARTMENT OF COMMERCE during research activities. The original
SUPPLEMENTARY INFORMATION: On May 9,
permit was valid through August 1,
2016, notice was published in the
National Oceanic and Atmospheric 2016. The minor amendment (No.
Federal Register (81 FR 28052) that
Administration 15330–03) extends the duration of the
requests for permits to conduct research
on and export specimens of northern fur RIN 0648–XA160 permit through August 1, 2017, but does
seals (Callorhinus ursinus), Steller sea not change any other terms or
lions (Eumetopias jubatus) and harbor Marine Mammals; File No. 15330 conditions of the permit.
seals (Phoca vitulina) for scientific AGENCY: National Marine Fisheries Dated: September 23, 2016.
research had been submitted by the
mstockstill on DSK3G9T082PROD with NOTICES

Service (NMFS), National Oceanic and Julia Harrison,
above-named applicants. The requested Atmospheric Administration (NOAA), Chief, Permits and Conservation Division,
permits have been issued under the Commerce. Office of Protected Resources, National
authority of the Marine Mammal ACTION: Notice; issuance of permit Marine Fisheries Service.
Protection Act of 1972, as amended (16 amendment. [FR Doc. 2016–23339 Filed 9–27–16; 8:45 am]
U.S.C. 1361 et seq.), the regulations
BILLING CODE 3510–22–P
governing the taking and importing of SUMMARY: Notice is hereby given that
marine mammals (50 CFR part 216), the Robin Baird, Ph.D., Cascadia Research,

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Document Created: 2016-09-28 01:08:41
Document Modified: 2016-09-28 01:08:41

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; determination of regular and significant mortality and serious injury of dolphins.
Dates		Effective November 28, 2016, except the new requirements for observer statements that will be effective upon announcement in the Federal Register of approval by the Office of Management and Budget under the Paperwork Reduction Act.
Contact		Nina M. Young, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. Phone: 301-427-8383 Email: [email protected] More information on this final action can be found on the NMFS Web site at http:// www.nmfs.noaa.gov/ia/.
FR Citation		81 FR 66625
RIN Number		0648-XE90

81 FR 66625 - Taking and Importing of Marine Mammals and Dolphin-Safe Tuna Products

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 188 (September 28, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration