83 FR 43792 - Implementation of Import Restrictions; Certification of Admissibility for Certain Fish Products From Mexico
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 167 (August 28, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 167 (August 28, 2018)
| Page Range | 43792-43796 | |
| FR Document | 2018-18628 |
[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)] [Rules and Regulations] [Pages 43792-43796] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18628] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 216 RIN 0648-XG408 Implementation of Import Restrictions; Certification of Admissibility for Certain Fish Products From Mexico AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification. ----------------------------------------------------------------------- SUMMARY: The Secretary of Commerce, in cooperation with the Secretaries of Treasury and Homeland Security, is, under the authority of the Marine Mammal Protection Act (MMPA), giving notice of import restrictions on fish and fish products from Mexico caught with gillnets deployed in the range of the vaquita, an endangered porpoise. Importation into the United States from Mexico of fish and fish products harvested by gillnets in the upper Gulf of California (UGC) within the vaquita's geographic range is now prohibited. These import restrictions are being implemented as required by a court order. These trade restrictions remain in effect until further court action amends the preliminary injunction. Harmonized Tariff Schedule (HTS) codes associated with the prohibited fish and fish products are identified below. NMFS is also requiring that all other fish and fish products not within the scope of the import restrictions but imported under the same published HTS codes be accompanied by a Certification of Admissibility. DATES: Compliance with the import restrictions and Certification of Admissibility described in this document is required beginning August 24, 2018, and will remain in effect until further notice is published in the Federal Register indicating otherwise. FOR FURTHER INFORMATION CONTACT: Nina Young, NMFS F/IASI at email: Nina.Young@noaa.gov or phone: 301-427-8383. SUPPLEMENTARY INFORMATION: In August 2016, NMFS published a final rule (81 FR 54390 (August 15, 2016); 50 CFR 216.24) implementing the fish and fish product import provisions (section 101(a)(2)) of the Marine Mammal Protection Act (MMPA). This final rule established conditions for evaluating a harvesting nation's regulatory programs to address incidental and intentional mortality and serious injury of marine mammals in its fisheries producing fish and fish products exported to the United States. Under the final rule, fish or fish products cannot be imported into the United States from commercial fishing operations that result in the incidental mortality or serious injury of marine mammals in excess of U.S. standards (16 U.S.C. 1371(a)(2)). NMFS published a List of Foreign Fisheries (LOFF) on March 16, 2018 (83 FR 11703) to classify fisheries subject to the import requirements. Effective January 1, 2022, fish and fish products from fisheries identified by the Assistant Administrator for Fisheries in the LOFF can only be imported into the United States if the harvesting nation has applied for and received a comparability finding from NMFS. The rule established the procedures that a harvesting nation must follow and the conditions it must meet to receive a comparability finding for a fishery on the LOFF. The final rule established a five-year exemption period, ending January 1, 2022, under 50 CFR 216.24(h)(2)(ii) before imports would be subject to any trade restrictions. Vaquita are a species of porpoise endemic to northern Gulf of California waters in Mexico and are listed as an endangered species under the U.S. Endangered Species Act. In November 2016, the International Committee for the Recovery of the Vaquita (CIRVA)--a group of international scientists supported by Mexico and led by Mexican scientists--reported that less than 30 individuals are likely to remain. Gillnets deployed in an illegal fishery for totoaba (an endangered fish sought for its swim bladder due to black market demand within China) are the primary source of vaquita mortality. NMFS has identified products coming from fisheries interacting with vaquita as a potential focus for import restrictions under the MMPA. On May 18, 2017, the Natural Resources Defense Council (NRDC), Center for Biological Diversity (CBD), and the Animal Welfare Institute (AWI) petitioned the Secretaries of Homeland Security, the Treasury, and Commerce to ``ban the importation of commercial fish or products from fish'' sourced using fishing activities that ``result in the incidental mortality or incidental serious injury'' of vaquita ``in excess of United States standards.'' The petitioners requested that the Secretaries immediately ban imports of all fish and fish products from Mexico that do not satisfy the MMPA import provision requirements, claiming that emergency action banning such imports is necessary to avoid immediate, ongoing, and ``unacceptable risks'' to vaquita. NMFS published a notification of the petition's receipt on August 22, 2017 (82 FR 39732), and opened a 60-day comment period. No final decision has been taken on the petition. On March 21, 2018, the petitioners filed suit before the Court of International Trade seeking an injunction requiring the U.S. Government to ban the import of fish or fish products from any Mexican commercial fishery that uses gillnets within the vaquita's range. On April 16, 2018, petitioners filed a motion for a preliminary injunction with oral arguments held July 10, 2018. The Court of International Trade granted the motion for preliminary injunction and denied the U.S. Government's motion to dismiss the lawsuit. The court has required the U.S. Government to ban the importation of all fish and fish products from Mexican commercial fisheries that [[Page 43793]] use gillnets within the vaquita's range, pending final adjudication of the merits. The Government of Mexico's existing Regulatory Agreement, published on June 30, 2017 (http://dof.gob.rax/nota_detalle.php?codigo=5488673&fecha=30/06/2017), provides that ``gillnets, including driftnets, operated passively or in a dormant state by small vessels for fishing activities in the marine restricted area, are banned permanently.'' This ban encompasses shrimp, sharks, and finfish (including chano). Fisheries for curvina and sierra, using actively deployed gear are exempt from this ban. Currently, only the gulf curvina fishery is authorized under fishing permits for small fishing vessels of the cooperative groups and permit holders of the Gulf of Santa Clara, Sonora. The fishing organizations of the Cucapah (an indigenous community) may also use gillnets actively deployed to capture curvina in a delimited zone, away from the Vaquita Refuge Area as authorized under the Manifestation of Environmental Impact (MIA) and the corresponding exemption granted by the Secretariat of Environment and Natural Resources (SEMARNAT). No gear is currently authorized for curvina fishermen operating from San Felipe or for sierra fisheries operating in the UGC. Under Mexican law, only trawl gear is authorized for use in the shrimp fishery. Pursuant to court orders issued July 26, 2018 and August 14, 2018, the Court of International Trade (Slip-Op 18-92) required the U.S. Government to immediately ban the importation from Mexico of all shrimp, curvina, sierra, and chano fish and their products, imported under the HTS codes in Table 1, caught with gillnets inside the vaquita's range under section 101(a)(2) of the MMPA (16 U.S.C. 1371(a)(2). On August 14, 2018, in response to these orders, U.S. Customs and Border Protection (CBP), in cooperation with the NMFS, imposed immediate import restrictions on fish and fish products from Mexico caught with gillnets deployed in the range of the vaquita. CBP's action prohibits the importation into the United States from Mexico of all shrimp, curvina, sierra, and chano fish and fish products harvested by gillnets in the upper Gulf of California (UGC) within the vaquita's geographic range (Cargo Systems Messaging Service (CSMS) (#18-000482). The court-ordered preliminary injunction is effective immediately regardless of the five-year exemption under 50 CFR 216.24(h)(2)(ii). Curvina, sierra, and chano are not imported into the United States under HTS codes that are specific to the type of fish. Instead these fish are imported under non-specific fish and marine fish codes. Consequently, the list in Table 1 includes those non-specific HTS codes necessary to encompass the range of probable codes used for products subject to the trade restriction. In addition, to effectuate the Court's ruling while allowing imports of seafood outside the scope of the court order, and to minimize disruptions to trade, fish and fish products of the same or similar fish or fish products imported to the United States under the HTS codes listed in Table 1 from Mexico that are not subject to these import prohibition must be accompanied by a Certification of Admissibility. The Certification of Admissibility and accompanying instructions are available at https://www.fisheries.noaa.gov/topic/international-affairs. As of the compliance date, imports of the fish and fish products from Mexico and filed under the HTS codes listed in Table 1 are required to be accompanied by a Certification of Admissibility in order to obtain release of the inbound shipment. See DATES section for the compliance date of the requirement for Certification of Admissibility. The Certification of Admissibility is an information collection subject to the requirements of the Paperwork Reduction Act and has been approved by the Office of Management and Budget under control number 0648-0651. Table 1--HTS Codes Requiring a Certification of Admissibility ------------------------------------------------------------------------ Harmonized tariff schedule 2018 codes Product description ------------------------------------------------------------------------ 0302.44.0000................ Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus) Fresh chilled whole Atlantic and Blue/Japanese Mackerel. 0302.45.1100................ Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Jack and horse mackerel (Trachurus spp): Scaled (whether or not heads, viscera and/or fins have been removed, but not otherwise processed), in immediate containers weighing with their contents 6.8 kg or less. 0302.45.5000................ Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Jack and horse mackerel (Trachurus spp): Other. 0302.49.0000................ Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Herrings (Clupea harengus, Clupea pallasii), anchovies (Engraulis spp.), sardines (Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling or sprats (Sprattus sprattus), mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus), Indian mackerels (Rastrelliger spp.), seerfishes (Scomberomorus spp.), jack and horse mackerel (Trachurus spp.), jacks, crevalles (Caranx spp.), cobia (Rachycentron canadum), silver pomfrets (Pampus spp.), Pacific saury (Cololabis saira), scads (Decapterus spp.), capelin (Mallotus villosus), swordfish (Xiphias gladius), Kawakawa (Euthynnus affinis), bonitos (Sarda spp.), marlins, sailfishes, spearfish (Istiophoridae), excluding edible fish offal of subheadings 0302.91 to 0302.99: Other Fish. 0302.59.1100................ Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Fish of the families Bregmacerotidae, Euclichthyidae Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae, excluding edible fish offal of subheadings 0302.91 to 0302.99: Other Fish: Scaled (whether or not heads, viscera and/or fins have been removed, but not otherwise processed), in immediate containers weighing with their contents 6.8 kg or less. 0302.59.5090................ Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Fish of the families Bregmacerotidae, Euclichthyidae Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae, excluding edible fish offal of subheadings 0302.91 to 0302.99: Other Fish: Other: Other fish. 0302.89.1140................ Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Other fish, excluding edible fish offal of subheadings 0302.91 to 0302.99: Other: Scaled (whether or not heads, viscera and/or fins have been processed), in immediate containers weighing with their contents 6.8 kg or less: Other Fish. 0303.54.0000................ Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus). 0303.55.0000................ Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Jack and horse mackerel (Trachurus spp.). [[Page 43794]] 0303.59.0000................ Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other Fish. 0304.49.0190................ Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen: Fresh or chilled fillets of other fish: Other: Other Fish. 0304.59.0091................ Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen: Fresh or chilled fillets of other fish: Other Fish Chilled: Other. 0304.89.1090................ Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Frozen fillets of other fish: Other: Skinned, whether or not divided into pieces, and frozen into blocks each weighing over 4.5 kg, imported to be minced, ground or cut into pieces of uniform weights and dimensions: Other Fish. 0304.89.5090................ Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Frozen fillets of other fish: Other: Other Fish. 0304.99.1104................ Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other, frozen: Other: In bulk or in immediate containers weighing with their contents over 6.8 kg each: Minced: Surimi. 0304.99.1109................ Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other, frozen: Other: In bulk or in immediate containers weighing with their contents over 6.8 kg each: Minced: Other. 0304.99.1194................ Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other, frozen: Other: In bulk or in immediate containers weighing with their contents over 6.8 kg each: Other: Other Fish. 0304.99.9190................ Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other, frozen: Other: Other: Ocean Fish. 0305.10.2000................ Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: Flours, meals and pellets of fish, fit for human consumption: In bulk or in immediate containers weighing with their contents over 6.8 kg each. 0305.10.4000................ Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: Flours, meals and pellets of fish, fit for human consumption: Other. 0305.39.4000................ Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: Fish fillets, dried, salted or in brine, but not smoked: Mackerel, in immediate containers weighing with their contents 6.8 kg or less each. 0305.39.6180................ Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: Fish fillets, dried, salted or in brine, but not smoked: Other: Other Fish. 0305.49.2000................ Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: Smoked fish, including fillets, other than edible fish offal: Other: Mackerel. 0305.49.4045................ Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: Smoked fish, including fillets, other than edible fish offal: Other: Other Fish. 0305.54.0000................ Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: Dried fish, other than edible fish offal, whether or not salted but not smoked: Herrings (Clupea harengus, Clupea pallasii), anchovies (Engraulis spp.), sardines (Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling or sprats (Sprattus sprattus), mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus), Indian mackerels (Rastrelliger spp.), seerfishes (Scomberomorus spp.), jack and horse mackerel (Trachurus spp.), jacks, crevalles (Caranx spp.), cobia (Rachycentron canadum), silver pomfrets (Pampus spp.), Pacific saury (Cololabis saira), scads (Decapterus spp.), capelin (Mallotus villosus), swordfish (Xiphias gladius), Kawakawa (Euthynnus affinis), bonitos (Sarda spp.), marlins, sailfishes, spearfish (Istiophoridae). 0305.59.0001................ Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: Dried fish, other than edible fish offal, whether or not salted but not smoked: Other Fish. 0305.69.2000................ Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: Fish, salted but not dried or smoked and fish in brine, other than edible fish offal: Mackerel: In immediate containers weighing with their contents 6.8 kg or less each. 0305.69.3000................ Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: Fish, salted but not dried or smoked and fish in brine, other than edible fish offal: Mackerel: Other. 0305.69.5001................ Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: Fish, salted but not dried or smoked and fish in brine, other than edible fish offal: Other Fish: In immediate containers weighing with their contents 6.8 kg or less each. 0305.69.6001................ Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: Fish, salted but not dried or smoked and fish in brine, other than edible fish offal: Other Fish: Other. 0305.79.0000................ Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: Fish fins, heads, tails, maws and other edible fish offal: Other Fish. 0306.17.0003................ Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless weight) less than 33 per kg (15s). 0306.17.0006................ Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless weight) 33-45 per kg (15-20s). 0306.17.0009................ Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless weight) 46-55 per kg (21-25s). 0306.17.0012................ Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless weight) 56-66 per kg (26-30s). 0306.17.0015................ Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless weight) 67-88 per kg (31-40s). 0306.17.0018................ Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless weight) 89-110 per kg (41-50s). [[Page 43795]] 0306.17.0021................ Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless weight) 111-132 per kg (51- 60s). 0306.17.0024................ Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless weight) 133-154 per kg (61- 70s). 0306.17.0027................ Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless weight) more than 154 per kg (70s). 0306.17.0040................ Other shrimps and prawns: Peeled, imported in accordance with Statistical Note 1 to this chapter. 0306.36.0020................ Other shrimps and prawns: Shell-on. 0306.36.0040................ Other shrimps and prawns: Peeled. 0306.95.0020................ Other: Shrimps and prawns: Shell-on. 0306.95.0040................ Other: Shrimps and prawns: Peeled. 0511.99.3060................ Products chiefly used as food for animals or as ingredients in such food: Other. 1604.15.0000................ Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Fish, whole or in pieces, but not minced: Mackerel. 1604.19.4100................ Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Fish, whole or in pieces, but not minced: Other (including yellowtail): Other: Fish sticks and similar products of any size or shape, fillets or other portions of fish, if breaded, coated with batter or similarly prepared: Neither cooked nor in oil. 1604.19.5100................ Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Fish, whole or in pieces, but not minced: Other (including yellowtail): Other: Fish sticks and similar products of any size or shape, fillets or other portions of fish, if breaded, coated with batter or similarly prepared: Other. 1604.19.6100................ Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Fish, whole or in pieces, but not minced: Other (including yellowtail): Other: In oil and in bulk or in immediate containers weighing with their contents over 7 kg each. 1604.19.8200................ Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Fish, whole or in pieces, but not minced: Other (including yellowtail): Other: Other. 1604.20.0510................ Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Other prepared or preserved fish: Products containing meat of crustaceans, molluscs or other aquatic invertebrates; prepared meals: Prepared meals. 1604.20.0590................ Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Other prepared or preserved fish: Products containing meat of crustaceans, molluscs or other aquatic invertebrates; prepared meals: Other. 1604.20.1000................ Prepared or preserved fish; Other prepared or preserved fish: Other: Pastes. 1604.20.1500................ Prepared or preserved fish; Other prepared or preserved fish: Other: Balls, cakes and puddings: In oil. 1604.20.2000................ Prepared or preserved fish; Other prepared or preserved fish: Other: Balls, cakes and puddings: Not in oil: In immediate containers weighing with their contents not over 6.8 kg each: In airtight containers. 1604.20.2500................ Prepared or preserved fish; Other prepared or preserved fish: Other: Balls, cakes and puddings: Not in oil: In immediate containers weighing with their contents not over 6.8 kg each: Other. 1604.20.3000................ Prepared or preserved fish; Other prepared or preserved fish: Other: Balls, cakes and puddings: Not in oil: Other. 1604.20.4000................ Prepared or preserved fish; Other prepared or preserved fish: Fish sticks and similar products of any size or shape, if breaded, coated with batter or similarly prepared: Neither cooked nor in oil. 1604.20.5000................ Prepared or preserved fish; Other prepared or preserved fish: Fish sticks and similar products of any size or shape, if breaded, coated with batter or similarly prepared: Other. 1604.20.5010................ Prepared or preserved fish; Other prepared or preserved fish: Fish sticks and similar products of any size or shape, if breaded, coated with batter or similarly prepared: Other: Pre-cooked and frozen. 1604.20.5090................ Prepared or preserved fish; Other prepared or preserved fish: Fish sticks and similar products of any size or shape, if breaded, coated with batter or similarly prepared: Other: Other. 1604.20.6010................ Prepared or preserved fish; Other prepared or preserved fish: Pre-cooked and frozen. 1604.20.6090................ Prepared or preserved fish; Other prepared or preserved fish: Other. 1605.21.0500................ Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Not in airtight containers: Products containing fish meat; prepared meals. 1605.21.1020................ Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Not in airtight containers: Other: Frozen, imported in accordance with Statistical Note 1 to this chapter: Breaded. 1605.21.1030................ Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Not in airtight containers: Other: Frozen, imported in accordance with Statistical Note 1 to this chapter: Other. 1605.21.1050................ Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Not in airtight containers: Other: Other, imported in accordance with Statistical Note 1 to this chapter. 1605.29.0500................ Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Other: Products containing fish meat; prepared meals. 1605.29.1010................ Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Other: Frozen, imported in accordance with Statistical Note 1 to this chapter. 1605.29.1040................ Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Other: Other: Other, imported in accordance with Statistical Note 1 to this chapter. 2309.10.0010................ Preparations of a kind used in animal feeding: Dog or cat food, put up for retail sale: In airtight containers. 2309.10.0090................ Preparations of a kind used in animal feeding: Dog or cat food, put up for retail sale: Other. 2309.90.1015................ Preparations of a kind used in animal feeding: Other: Mixed feeds or mixed feed ingredients: Other pet food, put up for retail sale. 2309.90.1050................ Preparations of a kind used in animal feeding: Other: Mixed feeds or mixed feed ingredients: Other. ------------------------------------------------------------------------ [[Page 43796]] The HTS codes applicable to the products subject to the requirements of the preliminary injunction may be revised from time to time due to updates to the HTS by the International Trade Commission. Any such changes will be notified to the trade community in accordance with CBP's notification procedures. In addition, NMFS and CBP will actively monitor the border operations of the trade restriction and the certification requirement in the initial weeks of implementation to determine if the list of affected HTS codes can be adjusted to further minimize disruption to trade while maintaining compliance with the court order. Importers are advised to determine if other NMFS program requirements (e.g., Tuna Tracking and Verification Program, Seafood Import Monitoring Program) or other agency requirements (e.g., Fish and Wildlife Service, State Department, Food and Drug Administration) have Automated Commercial Environment (ACE) data reporting requirements applicable to the HTS codes identified in Table 1 as subject to certification under the MMPA import provisions. In such cases, the other reporting requirements still pertain in addition to the Certification of Admissibility requirements imposed to effectuate the court order. Until such time as the Court of International Trade (or other court of competent appellate jurisdiction) lifts the preliminary injunction, trade restrictions on these products harvested by gillnets in the UGC of Mexico within the vaquita's range will continue and Certification of Admissibility will be required for the HTS codes listed in this notice. Authority: 16 U.S.C. 1361 et seq. Dated: August 23, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018-18628 Filed 8-24-18; 4:15 pm] BILLING CODE 3510-22-P
![43792 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations
and 403 of the Communications Act of gillnets deployed in the range of the the LOFF. The final rule established a
1934, as amended, 47 U.S.C. 151, 152(a), vaquita, an endangered porpoise. five-year exemption period, ending
154(i), 257, 303, 307–310, and 403, this Importation into the United States from January 1, 2022, under 50 CFR
Report and Order is adopted. Mexico of fish and fish products 216.24(h)(2)(ii) before imports would be
115. It is further ordered that this harvested by gillnets in the upper Gulf subject to any trade restrictions.
Report and Order shall be effective of California (UGC) within the vaquita’s Vaquita are a species of porpoise
thirty (30) days after publication of the geographic range is now prohibited. endemic to northern Gulf of California
text or a summary thereof in the Federal These import restrictions are being waters in Mexico and are listed as an
Register, except for those requirements implemented as required by a court endangered species under the U.S.
involving Paperwork Reduction Act order. These trade restrictions remain in Endangered Species Act. In November
burdens, which shall become effective effect until further court action amends 2016, the International Committee for
on the date announced in the Federal the preliminary injunction. Harmonized the Recovery of the Vaquita (CIRVA)—
Register document announcing OMB Tariff Schedule (HTS) codes associated a group of international scientists
approval. with the prohibited fish and fish supported by Mexico and led by
116. It is further ordered that the products are identified below. NMFS is Mexican scientists—reported that less
Media Bureau is hereby directed to also requiring that all other fish and fish than 30 individuals are likely to remain.
make all necessary changes to Form 301, products not within the scope of the Gillnets deployed in an illegal fishery
Form 314, Form 315, and the import restrictions but imported under for totoaba (an endangered fish sought
Commission’s electronic database the same published HTS codes be for its swim bladder due to black market
system to implement the changes accompanied by a Certification of demand within China) are the primary
adopted in this Report and Order. Admissibility. source of vaquita mortality. NMFS has
117. It is further ordered that the DATES: Compliance with the import identified products coming from
Commission’s Consumer and restrictions and Certification of fisheries interacting with vaquita as a
Governmental Affairs Bureau, Reference Admissibility described in this potential focus for import restrictions
Information Center, shall send a copy of document is required beginning August under the MMPA.
this Report and Order, including the 24, 2018, and will remain in effect until On May 18, 2017, the Natural
Final Regulatory Flexibility Analysis, to further notice is published in the Resources Defense Council (NRDC),
the Chief Counsel for Advocacy of the Federal Register indicating otherwise. Center for Biological Diversity (CBD),
Small Business Administration. FOR FURTHER INFORMATION CONTACT: and the Animal Welfare Institute (AWI)
118. It is further ordered that, Nina Young, NMFS F/IASI at email: petitioned the Secretaries of Homeland
pursuant to section 801(a)(1)(A) of the Nina.Young@noaa.gov or phone: 301– Security, the Treasury, and Commerce
Congressional Review Act, 5 U.S.C. 427–8383. to ‘‘ban the importation of commercial
801(a)(1)(A), the Commission shall send SUPPLEMENTARY INFORMATION: In August fish or products from fish’’ sourced
a copy of the Report and Order to 2016, NMFS published a final rule (81 using fishing activities that ‘‘result in
Congress and to the Government FR 54390 (August 15, 2016); 50 CFR the incidental mortality or incidental
Accountability Office. 216.24) implementing the fish and fish serious injury’’ of vaquita ‘‘in excess of
Federal Communications Commission. product import provisions (section United States standards.’’ The
Marlene Dortch, 101(a)(2)) of the Marine Mammal petitioners requested that the
Secretary. Protection Act (MMPA). This final rule Secretaries immediately ban imports of
[FR Doc. 2018–18289 Filed 8–27–18; 8:45 am] established conditions for evaluating a all fish and fish products from Mexico
harvesting nation’s regulatory programs that do not satisfy the MMPA import
BILLING CODE 6712–01–P
to address incidental and intentional provision requirements, claiming that
mortality and serious injury of marine emergency action banning such imports
mammals in its fisheries producing fish is necessary to avoid immediate,
DEPARTMENT OF COMMERCE ongoing, and ‘‘unacceptable risks’’ to
and fish products exported to the
National Oceanic and Atmospheric United States. vaquita. NMFS published a notification
Administration Under the final rule, fish or fish of the petition’s receipt on August 22,
products cannot be imported into the 2017 (82 FR 39732), and opened a 60-
50 CFR Part 216 United States from commercial fishing day comment period. No final decision
operations that result in the incidental has been taken on the petition.
RIN 0648–XG408 mortality or serious injury of marine On March 21, 2018, the petitioners
mammals in excess of U.S. standards filed suit before the Court of
Implementation of Import Restrictions;
(16 U.S.C. 1371(a)(2)). NMFS published International Trade seeking an
Certification of Admissibility for
a List of Foreign Fisheries (LOFF) on injunction requiring the U.S.
Certain Fish Products From Mexico
March 16, 2018 (83 FR 11703) to classify Government to ban the import of fish or
AGENCY: National Marine Fisheries fisheries subject to the import fish products from any Mexican
Service (NMFS), National Oceanic and requirements. Effective January 1, 2022, commercial fishery that uses gillnets
Atmospheric Administration (NOAA), fish and fish products from fisheries within the vaquita’s range. On April 16,
Commerce. identified by the Assistant 2018, petitioners filed a motion for a
ACTION: Notification. Administrator for Fisheries in the LOFF preliminary injunction with oral
can only be imported into the United arguments held July 10, 2018. The Court
SUMMARY: The Secretary of Commerce, States if the harvesting nation has of International Trade granted the
daltland on DSKBBV9HB2PROD with RULES
in cooperation with the Secretaries of applied for and received a comparability motion for preliminary injunction and
Treasury and Homeland Security, is, finding from NMFS. The rule denied the U.S. Government’s motion to
under the authority of the Marine established the procedures that a dismiss the lawsuit. The court has
Mammal Protection Act (MMPA), giving harvesting nation must follow and the required the U.S. Government to ban the
notice of import restrictions on fish and conditions it must meet to receive a importation of all fish and fish products
fish products from Mexico caught with comparability finding for a fishery on from Mexican commercial fisheries that
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![43796 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations
The HTS codes applicable to the DEPARTMENT OF COMMERCE current 2018 fishing year. As described
products subject to the requirements of in the final temporary rule, the 2,187
the preliminary injunction may be National Oceanic and Atmospheric fish is equivalent to 9,960 lb (4,395 kg),
revised from time to time due to updates Administration gutted weight. In accordance with
to the HTS by the International Trade regulations at 50 CFR 622.193(a)(2)(i) for
Commission. Any such changes will be 50 CFR Part 622 the recreational sector, if recreational
notified to the trade community in [Docket No. 120403249–2492–02]
landings of golden tilefish reach the
accordance with CBP’s notification recreational ACL, the Assistant
RIN 0648–XG440 Administrator for NOAA Fisheries (AA)
procedures. In addition, NMFS and CBP
will file a notification with the Office of
will actively monitor the border Snapper-Grouper Fishery of the South the Federal Register to close the
operations of the trade restriction and Atlantic; 2018 Recreational recreational sector for the remainder of
the certification requirement in the Accountability Measure and Closure the fishing year. Landings data from the
initial weeks of implementation to for South Atlantic Golden Tilefish NMFS Southeast Fisheries Science
determine if the list of affected HTS Center indicate that the golden tilefish
AGENCY: National Marine Fisheries
codes can be adjusted to further recreational ACL of 2,187 fish has been
Service (NMFS), National Oceanic and
minimize disruption to trade while reached. Therefore, this temporary rule
Atmospheric Administration (NOAA),
maintaining compliance with the court implements an AM to close the golden
Commerce.
order. tilefish recreational sector of the
ACTION: Temporary rule; closure.
Importers are advised to determine if snapper-grouper fishery for the
other NMFS program requirements (e.g., SUMMARY: NMFS implements remainder of the 2018 fishing year. As
Tuna Tracking and Verification accountability measures (AMs) for the a result, the recreational sector for
Program, Seafood Import Monitoring golden tilefish recreational sector in the golden tilefish in the South Atlantic
Program) or other agency requirements exclusive economic zone (EEZ) of the EEZ will be closed effective 12:01 a.m.,
South Atlantic for the 2018 fishing year local time August 28, 2018.
(e.g., Fish and Wildlife Service, State
through this temporary rule. NMFS As the commercial sector, including
Department, Food and Drug both longline and hook-and-line
Administration) have Automated estimates recreational landings of
golden tilefish in 2018 has reached the components, are also closed, during the
Commercial Environment (ACE) data recreational closure, the bag and
recreational annual catch limit (ACL).
reporting requirements applicable to the possession limits for golden tilefish in
Therefore, NMFS closes the golden
HTS codes identified in Table 1 as or from the South Atlantic EEZ are zero,
tilefish recreational sector in the South
subject to certification under the MMPA Atlantic EEZ on August 28, 2018. This and all harvest and possession of golden
import provisions. In such cases, the closure is necessary to protect the tilefish is prohibited. The recreational
other reporting requirements still golden tilefish resource. sector for golden tilefish will reopen on
pertain in addition to the Certification DATES: This rule is effective 12:01 a.m.,
January 1, 2019, the beginning of the
of Admissibility requirements imposed local time, August 28, 2018, until 12:01 2019 fishing year and the recreational
to effectuate the court order. a.m., local time, January 1, 2019. fishing season.
Until such time as the Court of FOR FURTHER INFORMATION CONTACT: Classification
International Trade (or other court of Frank Helies, NMFS Southeast Regional The Regional Administrator for the
competent appellate jurisdiction) lifts Office, telephone: 727–824–5305, email: NMFS Southeast Region has determined
the preliminary injunction, trade frank.helies@noaa.gov. this temporary rule is necessary for the
restrictions on these products harvested SUPPLEMENTARY INFORMATION: The conservation and management of South
by gillnets in the UGC of Mexico within snapper-grouper fishery of the South Atlantic golden tilefish and is consistent
the vaquita’s range will continue and Atlantic includes golden tilefish and is with the Magnuson-Stevens Act and
Certification of Admissibility will be managed under the Fishery other applicable laws.
required for the HTS codes listed in this Management Plan for the Snapper- This action is taken under 50 CFR
notice. Grouper Fishery of the South Atlantic 622.193(a)(2)(i) and is exempt from
Authority: 16 U.S.C. 1361 et seq.
Region (FMP). The FMP was prepared review under Executive Order 12866.
by the South Atlantic Fishery These measures are exempt from the
Dated: August 23, 2018. Management Council and is procedures of the Regulatory Flexibility
Samuel D. Rauch III, implemented by NMFS under the Act because the temporary rule is issued
Deputy Assistant Administrator for authority of the Magnuson-Stevens without opportunity for prior notice and
Regulatory Programs, National Marine Fishery Conservation and Management comment.
Fisheries Service. Act (Magnuson-Stevens Act) by This action responds to the best
[FR Doc. 2018–18628 Filed 8–24–18; 4:15 pm] regulations at 50 CFR part 622. scientific information available. The AA
BILLING CODE 3510–22–P
On January 2, 2018, as a result of finds that the need to immediately
golden tilefish being determined to be implement this action to close the
undergoing overfishing, NMFS recreational sector for golden tilefish
published a final temporary rule in the constitutes good cause to waive the
Federal Register (83 FR 65) to reduce requirements to provide prior notice
the combined ACL for golden tilefish in and opportunity for public comment on
the South Atlantic to reduce overfishing this temporary rule pursuant to 5 U.S.C.
daltland on DSKBBV9HB2PROD with RULES
of the stock. The final temporary rule 553(b)(B), because such procedures are
was subsequently extended through unnecessary and contrary to the public
January 3, 2019 (83 FR 28387; June 19, interest. Such procedures are
2018). The recreational ACL in place unnecessary because the regulations at
during the effectiveness of the interim 50 CFR 622.193(a)(2)(i) have already
measures is 2,187 fish, during this been subject to notice and comment,
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Document Created: 2018-08-28 00:22:43
Document Modified: 2018-08-28 00:22:43
| 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 | Rules and Regulations | |
| Action | Notification. | |
| Dates | Compliance with the import restrictions and Certification of Admissibility described in this document is required beginning August 24, 2018, and will remain in effect until further notice is published in the Federal Register indicating otherwise. | |
| Contact | Nina Young, NMFS F/IASI at email: [email protected] or phone: 301-427-8383. | |
| FR Citation | 83 FR 43792 | |
| RIN Number | 0648-XG40 |
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