82 FR 39732 - Notification of Receipt of a Petition To Ban Imports of All Fish and Fish Products From Mexico That Do Not Satisfy the Marine Mammal Protection Act Provisions
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 161 (August 22, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 161 (August 22, 2017)
| Page Range | 39732-39733 | |
| FR Document | 2017-17717 |
[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)] [Proposed Rules] [Pages 39732-39733] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17717] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 216 RIN 0648-XF599 Notification of Receipt of a Petition To Ban Imports of All Fish and Fish Products From Mexico That Do Not Satisfy the Marine Mammal Protection Act Provisions AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Receipt of petition to ban imports through emergency rulemaking; request for information and comments. ----------------------------------------------------------------------- SUMMARY: NMFS announces receipt of a petition for emergency rulemaking under the Administrative Procedure Act. Natural Resources Defense Council, the Center for Biological Diversity, and Animal Welfare Institute petitioned the U.S. Department of Commerce and other relevant Departments to initiate emergency rulemaking under the Marine Mammal Protection Act (``MMPA''), to ban importation of commercial fish or products from fish that have been caught with commercial fishing technology that results in incidental mortality or serious injury of vaquita in excess of United States standards. DATES: Written comments must be received by 5 p.m. Eastern Time on September 21, 2017. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2017-0097, by either of the following methods: 1. Electronic Submissions: Submit all electronic comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0097, click the ``Comment Now!'' icon, complete the required fields and enter or attach your comments. 2. Mail: Submit written comments to: Director, Office of International Affairs and Seafood Inspection, Attn: MMPA Petition, NMFS, F/IS, 1315 East-West Highway, 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. All comments received are a part of the public record and will generally be posted for public viewing on http://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). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe portable document file (PDF) formats only. The complete text of the petition is available via the internet at the following web address: http://www.nmfs.noaa.gov/ia/. In addition, copies of this petition may be obtained by contacting NMFS at the above address. FOR FURTHER INFORMATION CONTACT: Nina Young, NMFS F/IS at [email protected] or 301-427-8383. SUPPLEMENTARY INFORMATION: Background Section 101(a)(2) of the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1371(a)(2), states that: ``The Secretary of the Treasury shall ban the importation of commercial fish or products from fish which have been caught with commercial fishing technology which results in the incidental kill or incidental serious injury of ocean mammals in excess of United States standards.'' In August 2016, NMFS published a final rule (81 FR 54390; August 15, 2016) implementing the fish and fish product import provisions in section 101(a)(2) of the MMPA. This rule established conditions for evaluating a harvesting nation's regulatory programs to address incidental and intentional mortality and serious injury of marine mammals in fisheries operated by nations that export fish and fish products to the United States. In that rule, NMFS stated that it may consider emergency rulemaking to ban imports of fish and fish products from an export or exempt fishery having or likely to have an immediate and significant adverse impact on a marine mammal stock. Information in the Petition NMFS received the petition on May 18, 2017. The petition alleges that the Secretaries of Commerce and other relevant Federal Departments are required to carry out non-discretionary [[Page 39733]] duties under section 101(a)(2) of the MMPA (16 U.S.C. 1371(a)(2)), to ``ban the importation of commercial fish or products from fish'' sourced in a manner that ``results in the incidental kill or incidental serious injury'' of vaquita ``in excess of United States standards.'' The petition requested that the relevant Secretary ban all fish and fish products originating from the vaquita's range in the northern Gulf of California that were obtained using any kind of gillnet--the fishing gear solely responsible for the current decline of the vaquita. As support for the need for this action, the petition cites reports from the Comit[eacute] Internacional para la Recuperaci[oacute]n de la Vaquita (CIRVA) documenting a 95 percent decline in the vaquita population over the last two decades. The petitioners also assert that for the vaquita, gillnet bycatch has driven the species from a population of more than 700 in 1990 to currently fewer than 30 vaquita. The petitioners maintain that any fishery using gillnets in the Upper Gulf of California violates U.S. standards under the MMPA. The petitioners provide a list of more than 30 fish species potentially harvested by gillnets including corvina and Pacific sierra, which are currently exempt from the Mexican regulations banning the use of gillnets. On June 30, 2017, Mexico adopted a permanent ban on the use of gillnets throughout the range of vaquita, with the exception of gillnet fisheries for corvina and Pacific sierra. The regulations also prohibit night fishing, establish sites for disembarkation, and require the use of vessel monitoring systems http://diariooficial.gob.mx/DOFmobile/nota_detalle.php?codigo=5488674&fecha=30/06/2017. NMFS will consider public comments in evaluating the request by the petitioners for an import ban. In addition to general comments on the petition, NMFS specifically requests comments on:The adequacy of existing measures regulating commercial fishing throughout the range of the vaquita; Whether such measures can be considered comparable in effectiveness to the U.S. regulatory program; Whether the apparent decline in the vaquita population attributed to interaction with commercial fishing meets the standard of ``immediate and significant adverse impact on a marine mammal stock'' within the MMPA; and Which specific fisheries are, or may be, directly associated with potential mortality of vaquita and therefore fall within the scope of the petition for emergency action. Dated: August 16, 2017. John Henderschedt, Director, Office of International Affairs and Seafood Inspection, National Marine Fisheries Service. [FR Doc. 2017-17717 Filed 8-21-17; 8:45 am] BILLING CODE 3510-22-P
![39732 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules
not consider hand-delivered comments Dated: August 9, 2017. individual, or received after the end of
that we do not receive, or mailed Todd D. Willens, the comment period, may not be
comments that are not postmarked, by Acting Assistant Secretary for Fish and considered. All comments received are
the date specified in DATES. Wildlife and Parks. a part of the public record and will
We will post all comments in their [FR Doc. 2017–17722 Filed 8–21–17; 8:45 am] generally be posted for public viewing
entirety—including your personal BILLING CODE 4333–15–P on http://www.regulations.gov without
identifying information—on http:// change. All personal identifying
www.regulations.gov. Before including information (e.g., name, address, etc.),
your address, phone number, email DEPARTMENT OF COMMERCE confidential business information, or
address, or other personal identifying otherwise sensitive information
information in your comment, you National Oceanic and Atmospheric submitted voluntarily by the sender will
should be aware that your entire Administration be publicly accessible. NMFS will
comment—including your personal accept anonymous comments (enter
identifying information—may be made 50 CFR Part 216 ‘‘N/A’’ in the required fields if you wish
publicly available at any time. While to remain anonymous).
RIN 0648–XF599
you can ask us in your comment to Attachments to electronic comments
withhold your personal identifying Notification of Receipt of a Petition To will be accepted in Microsoft Word,
information from public review, we Ban Imports of All Fish and Fish Excel, or Adobe portable document file
cannot guarantee that we will be able to Products From Mexico That Do Not (PDF) formats only. The complete text of
do so. Satisfy the Marine Mammal Protection the petition is available via the internet
Comments and materials we receive, Act Provisions at the following web address: http://
as well as supporting documentation we www.nmfs.noaa.gov/ia/. In addition,
AGENCY: National Marine Fisheries copies of this petition may be obtained
used in preparing this proposed rule,
Service (NMFS), National Oceanic and by contacting NMFS at the above
will be available for public inspection
Atmospheric Administration (NOAA), address.
on http://www.regulations.gov, or by
Commerce.
appointment, during normal business FOR FURTHER INFORMATION CONTACT:
hours, at the U.S. Fish and Wildlife ACTION: Receipt of petition to ban
imports through emergency rulemaking; Nina Young, NMFS F/IS at
Service, Division of Migratory Bird Nina.Young@noaa.gov or 301–427–
Management, 5275 Leesburg Pike, Falls request for information and comments.
8383.
Church, VA 22041–3803. SUMMARY: NMFS announces receipt of a SUPPLEMENTARY INFORMATION:
We will consider, but possibly may petition for emergency rulemaking
not respond in detail to, each comment. under the Administrative Procedure Background
As in the past, we will summarize all Act. Natural Resources Defense Council, Section 101(a)(2) of the Marine
comments we receive during the the Center for Biological Diversity, and Mammal Protection Act (MMPA), 16
comment period and respond to them Animal Welfare Institute petitioned the U.S.C. 1371(a)(2), states that: ‘‘The
after the closing date in the preamble of U.S. Department of Commerce and other Secretary of the Treasury shall ban the
a final rule. relevant Departments to initiate importation of commercial fish or
Required Determinations emergency rulemaking under the products from fish which have been
Marine Mammal Protection Act caught with commercial fishing
Based on our most current data, we (‘‘MMPA’’), to ban importation of technology which results in the
are affirming our required commercial fish or products from fish incidental kill or incidental serious
determinations made in the May 30 that have been caught with commercial injury of ocean mammals in excess of
rule; for descriptions of our actions to fishing technology that results in United States standards.’’ In August
ensure compliance with the following incidental mortality or serious injury of 2016, NMFS published a final rule (81
statutes and Executive Orders, see our vaquita in excess of United States FR 54390; August 15, 2016)
May 30, 2017, final rule (82 FR 24786): standards. implementing the fish and fish product
• National Environmental Policy Act DATES: Written comments must be import provisions in section 101(a)(2) of
(NEPA) Consideration; received by 5 p.m. Eastern Time on the MMPA. This rule established
• Endangered Species Act September 21, 2017. conditions for evaluating a harvesting
Consideration; ADDRESSES: You may submit comments nation’s regulatory programs to address
• Regulatory Flexibility Act; on this document, identified by NOAA– incidental and intentional mortality and
• Small Business Regulatory NMFS–2017–0097, by either of the serious injury of marine mammals in
Enforcement Fairness Act; following methods: fisheries operated by nations that export
• Paperwork Reduction Act of 1995; 1. Electronic Submissions: Submit all fish and fish products to the United
• Unfunded Mandates Reform Act; electronic comments via the Federal e- States. In that rule, NMFS stated that it
Rulemaking Portal. Go to may consider emergency rulemaking to
• Executive Orders 12630, 12866, ban imports of fish and fish products
www.regulations.gov/
12988, 13132, 13175, 13211, 13563, and from an export or exempt fishery having
#!docketDetail;D=NOAA-NMFS-2017-
13771. or likely to have an immediate and
0097, click the ‘‘Comment Now!’’ icon,
significant adverse impact on a marine
sradovich on DSK3GMQ082PROD with PROPOSALS
List of Subjects in 50 CFR Part 20 complete the required fields and enter
or attach your comments. mammal stock.
Exports, Hunting, Imports, Reporting 2. Mail: Submit written comments to:
and recordkeeping requirements, Information in the Petition
Director, Office of International Affairs
Transportation, Wildlife. and Seafood Inspection, Attn: MMPA NMFS received the petition on May
The rules that eventually will be Petition, NMFS, F/IS, 1315 East-West 18, 2017. The petition alleges that the
promulgated for the 2017–18 hunting Highway, Silver Spring, MD 20910. Secretaries of Commerce and other
season are authorized under 16 U.S.C. Instructions: Comments sent by any relevant Federal Departments are
703–712 and 16 U.S.C. 742 a–j. other method, to any other address or required to carry out non-discretionary
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![Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules 39733
duties under section 101(a)(2) of the within the scope of the petition for 0040, click the ‘‘Comment Now!’’ icon,
MMPA (16 U.S.C. 1371(a)(2)), to ‘‘ban emergency action. complete the required fields, and enter
the importation of commercial fish or Dated: August 16, 2017. or attach your comments.
products from fish’’ sourced in a John Henderschedt,
• Mail: Submit written comments to
manner that ‘‘results in the incidental Frank Helies, Southeast Regional Office,
Director, Office of International Affairs and
kill or incidental serious injury’’ of Seafood Inspection, National Marine
NMFS, 263 13th Avenue South, St.
vaquita ‘‘in excess of United States Fisheries Service. Petersburg, FL 33701.
standards.’’ The petition requested that [FR Doc. 2017–17717 Filed 8–21–17; 8:45 am]
Instructions: Comments sent by any
the relevant Secretary ban all fish and other method, to any other address or
BILLING CODE 3510–22–P
fish products originating from the individual, or received after the end of
vaquita’s range in the northern Gulf of the comment period, may not be
California that were obtained using any DEPARTMENT OF COMMERCE considered by NMFS. All comments
kind of gillnet—the fishing gear solely received are a part of the public record
responsible for the current decline of National Oceanic and Atmospheric and will generally be posted for public
the vaquita. Administration viewing on www.regulations.gov
As support for the need for this without change. All personal identifying
action, the petition cites reports from 50 CFR Part 622 information (e.g., name, address, etc.),
the Comité Internacional para la confidential business information, or
RIN 0648–BG82 otherwise sensitive information
Recuperación de la Vaquita (CIRVA)
documenting a 95 percent decline in the Fisheries of the Caribbean, Gulf of submitted voluntarily by the sender will
vaquita population over the last two Mexico, and South Atlantic; Shrimp be publicly accessible. NMFS will
decades. The petitioners also assert that Fishery of the Gulf of Mexico; accept anonymous comments (enter ‘‘N/
for the vaquita, gillnet bycatch has Amendment 17B A’’ in the required fields if you wish to
driven the species from a population of remain anonymous).
more than 700 in 1990 to currently AGENCY: National Marine Fisheries Electronic copies of Amendment 17B,
fewer than 30 vaquita. Service (NMFS), National Oceanic and which includes an environmental
The petitioners maintain that any Atmospheric Administration (NOAA), assessment, a Regulatory Flexibility Act
fishery using gillnets in the Upper Gulf Commerce. analysis, and a regulatory impact
of California violates U.S. standards ACTION: Notice of availability; request review, may be obtained from the
under the MMPA. The petitioners for comments. Southeast Regional Office Web site at
provide a list of more than 30 fish http://sero.nmfs.noaa.gov/sustainable_
species potentially harvested by gillnets SUMMARY: The Gulf of Mexico (Gulf) fisheries/gulf_fisheries/shrimp/2017/
including corvina and Pacific sierra, Fishery Management Council (Council) am17b/index.html.
which are currently exempt from the has submitted Amendment 17B to the FOR FURTHER INFORMATION CONTACT:
Mexican regulations banning the use of Fishery Management Plan for the Frank Helies, telephone: 727–824–5305,
gillnets. Shrimp Fishery of the Gulf of Mexico or email: Frank.Helies@noaa.gov.
On June 30, 2017, Mexico adopted a U.S. Waters (FMP), for review, approval,
SUPPLEMENTARY INFORMATION: The
permanent ban on the use of gillnets and implementation by NMFS.
Magnuson-Stevens Fishery
throughout the range of vaquita, with Amendment 17B includes actions to
Conservation and Management Act
the exception of gillnet fisheries for define the aggregate maximum
(Magnuson-Stevens Act) requires each
corvina and Pacific sierra. The sustainable yield (MSY) and aggregate
regional fishery management council to
regulations also prohibit night fishing, optimum yield (OY) for the Gulf shrimp
submit any FMP or amendment to
establish sites for disembarkation, and fishery, determine a minimum number
NMFS for review and approval, partial
require the use of vessel monitoring of Federal commercial vessel
approval, or disapproval. The
systems http://diariooficial.gob.mx/ moratorium permits in the fishery,
Magnuson-Stevens Act also requires
DOFmobile/nota_detalle.php?codigo= would allow for the creation of a
that NMFS, upon receiving a plan or
5488674&fecha=30/06/2017. Federal Gulf shrimp reserve pool permit
amendment, publish an announcement
NMFS will consider public comments when certain conditions are met, and
in the Federal Register notifying the
in evaluating the request by the would allow for non-federally permitted
public that the plan or amendment is
petitioners for an import ban. In shrimping vessels to transit through the
available for review and comment.
addition to general comments on the Gulf exclusive economic zone (EEZ)
The FMP being revised by
petition, NMFS specifically requests with shrimp on board the vessel. The
Amendment 17B was prepared by the
comments on: purpose of Amendment 17B is to protect
Council and implemented through
• The adequacy of existing measures federally managed Gulf shrimp stocks
regulations at 50 CFR part 622 under the
regulating commercial fishing while maintaining catch efficiency,
authority of the Magnuson-Stevens Act.
throughout the range of the vaquita; economic efficiency, and stability in the
• Whether such measures can be fishery. Background
considered comparable in effectiveness DATES: Written comments must be From 2003 to 2006, the Gulf shrimp
to the U.S. regulatory program; received on or before October 23, 2017. fishery experienced significant
• Whether the apparent decline in the ADDRESSES: You may submit comments economic losses, primarily as a result of
sradovich on DSK3GMQ082PROD with PROPOSALS
vaquita population attributed to on Amendment 17B, identified by high fuel costs and reduced prices
interaction with commercial fishing ‘‘NOAA–NMFS–2017-0040’’ by either of caused by competition with imports.
meets the standard of ‘‘immediate and the following methods: These economic losses contributed to a
significant adverse impact on a marine • Electronic Submission: Submit all reduction in the number of vessels in
mammal stock’’ within the MMPA; and electronic public comments via the the fishery, and consequently, a
• Which specific fisheries are, or may Federal e-Rulemaking Portal. Go to reduction of commercial effort. During
be, directly associated with potential www.regulations.gov/ that time, commercial vessels in the
mortality of vaquita and therefore fall #!docketDetail;D=NOAA-NMFS-2017- Gulf shrimp fishery were required to
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Document Created: 2018-10-24 11:54:27
Document Modified: 2018-10-24 11:54:27
| 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 | Proposed Rules | |
| Action | Receipt of petition to ban imports through emergency rulemaking; request for information and comments. | |
| Dates | Written comments must be received by 5 p.m. Eastern Time on September 21, 2017. | |
| Contact | Nina Young, NMFS F/IS at [email protected] or 301-427-8383. | |
| FR Citation | 82 FR 39732 | |
| RIN Number | 0648-XF59 |
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