83 FR 62842 - Implementation of Fish and Fish Product Import Provisions of the Marine Mammal Protection Act-Notification of Comparability Findings
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 234 (December 6, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 234 (December 6, 2018)
| Page Range | 62842-62844 | |
| FR Document | 2018-26418 |
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)] [Notices] [Pages 62842-62844] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26418] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG619 Implementation of Fish and Fish Product Import Provisions of the Marine Mammal Protection Act--Notification of Comparability Findings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; comparability findings for Mexico. ----------------------------------------------------------------------- SUMMARY: Under the authority of the Marine Mammal Protection Act (MMPA), the NMFS Assistant Administrator for Fisheries (Assistant Administrator) has issued comparability findings for the Government of Mexico's following fisheries: Upper Gulf of California shrimp trawl fishery for both small and large vessels; Upper Gulf of California shrimp suripera fishery; Upper Gulf of California sierra purse seine fishery; Upper Gulf of California sierra hook and line fishery; Upper Gulf of California chano trawl fishery, for small vessels; Upper Gulf of California curvina purse seine fishery; and Upper Gulf of California sardine/curvina purse seine fishery for both small and large vessels. The Assistant Administrator is denying a comparability finding for the El Golfo de Santa Clara curvina rodeo-style gillnet fishery. NMFS bases the comparability findings on documentary evidence submitted by the Government of Mexico and other relevant, readily-available information including scientific literature and the reports of the ``Comit[eacute] Internacional para la Recuperaci[oacute]n de la Vaquita'' (CIRVA) (the international recovery team for vaquita). DATES: These comparability findings are valid for the period of November 30, 2018, through January 1, 2022, unless revoked by the Assistant Administrator in a subsequent action. FOR FURTHER INFORMATION CONTACT: Nina Young, at email: [email protected] or phone: 301-427-8383. [[Page 62843]] SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1371 et seq., 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. For purposes of applying this import restriction, the Secretary of Commerce shall insist on reasonable proof from the government of any nation from which fish or fish products will be exported to the United States of the effects on ocean mammals of the commercial fishing technology in use for such fish or fish products exported from such nation to the United States. On August 15, 2016, NMFS published a final rule (81 FR 54389) amending the fish and fish product import provisions of Section 101(a)(2) of the MMPA (see implementing regulations at 50 CFR 216.24(h)). 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 commercial 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 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 for those fisheries on the LOFF. 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, before imports would be subject to any trade restrictions (see 50 CFR 216.24(h)(2)(ii)). Vaquita are listed as an endangered species under the U.S. Endangered Species Act, 16 U.S.C. 1531 et seq., and are endemic to northern Gulf of California waters in Mexico. In 2017, the International Committee for the Recovery of the Vaquita (CIRVA)--a group of international scientists supported by Mexico and led by Mexican scientists--estimated that fewer than 30 individuals remain. Gillnets used to illegally fish for totoaba are the direct primary source of current vaquita mortality and continue to be deployed to supply China's black market demand for totoaba swim bladders. On May 18, 2017, 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 notice of the petition's receipt on August 22, 2017, in the Federal Register for a 60-day comment period. On December 21, 2017, the petitioners filed suit in the United States District Court for the District of Columbia, which among other things challenges the failure of NMFS, the U.S. Department of Commerce, the U.S. Department of the Treasury, and the U.S. Department of Homeland Security (``Defendants'') to respond to the petition pursuant to the Administrative Procedure Act (``APA''). 5 U.S.C. 551-559; 701- 706. 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 on which oral argument was held on July 10, 2018. The Court of International Trade found in favor of the petitioners and granted the preliminary injunction. On July 26, 2018, and August 14, 2018, the Court of International Trade (CIT) (Slip-Op 18-92) required the U.S. Government to ban all fish and fish products from Mexican commercial fisheries that use gillnets within the vaquita's range, pending final adjudication of the merits. This ban includes the importation from Mexico of all shrimp, curvina, sierra, and chano fish and their products caught with gillnets inside the vaquita's range. To effect this court order, NMFS published a Federal Register document on August 28, 2018 (83 FR 43792) giving notice of import restrictions on fish and fish products from Mexico caught with gillnets deployed in the range of the vaquita. In that notice, NMFS also required that all other fish and fish products not within the scope of the import restrictions but imported under the Harmonized Tariff Schedule (HTS) codes associated with the prohibited fish and fish products be accompanied by a Certification of Admissibility in accordance with the provisions of 50 CFR 216.24(h)(9). On November 9, 2018, the Government of Mexico requested that the Assistant Administrator make comparability findings based upon documentary evidence provided by the Government of Mexico for the Upper Gulf of California shrimp trawl fishery for both small and large vessels; Upper Gulf of California shrimp suripera \1\ fishery; Upper Gulf of California sierra purse seine fishery; Upper Gulf of California sierra hook and line fishery; Upper Gulf of California chano trawl fishery, for small vessels; Upper Gulf of California curvina purse seine fishery; Upper Gulf of California sardine/curvina purse seine fishery for both small and large vessel; and El Golfo de Santa Clara curvina rodeo-style gillnet fishery. As stated in the final rule (81 FR 54397, Aug. 15, 2016) in response to comments on the proposed rule, nothing within the procedures set forth in 50 CFR 216.24(h) prevents a nation from implementing a bycatch reduction regulatory program and seeking a comparability finding during the five-year exemption period (see 50 CFR 216.24(h)(2)(ii)). --------------------------------------------------------------------------- \1\ Suripera nets rely on utilizing the movement of the wind and water currents to draw shrimp into a small-mesh modified cast net. --------------------------------------------------------------------------- NMFS used the comparability finding process set forth at 50 CFR 216.24(h)(6), which is the process that will be used for all nations and fisheries at the conclusion of the five-year exemption, with the Assistant Administrator considering documentary evidence submitted by the Government of Mexico and other relevant, readily-available information. This information includes including scientific literature and the reports of the ``Comit[eacute] Internacional para la Recuperaci[oacute]n de la Vaquita'' (CIRVA) (the international recovery team for vaquita) and has determined that the Upper Gulf of California shrimp trawl fishery for both small and large vessels; Upper Gulf of California shrimp suripera fishery; Upper Gulf of California sierra purse seine fishery; [[Page 62844]] Upper Gulf of California sierra hook and line fishery; Upper Gulf of California chano trawl fishery, for small vessels; Upper Gulf of California curvina purse seine fishery; and Upper Gulf of California sardine/curvina purse seine fishery for both small and large vessels; have met the MMPA's requirements to receive comparability findings. The Assistant Administrator has determined that the El Golfo de Santa Clara curvina rodeo-style gillnet fishery has not met the requirements to receive a comparability finding, will be denied such, and will remain subject to import restrictions in accordance with 50 CFR 216.24(h)(9). Although this comparability finding would allow the importation into the United States of fish and fish product derived from these non- gillnet fisheries operating in the Upper Gulf of California under the Government of Mexico's jurisdiction, as noted above, CIT required the U.S. Government to ban all fish and fish products from said fisheries (effectuated through 83 FR 43792, August 28, 2018). Due to CIT's injunction, imports of sierra, shrimp, chano, and curvina fish and fish products must continue to be accompanied by a Certification of Admissibility in accordance with the provisions of 50 CFR 216.24(h)(9) until a court of competent jurisdiction lifts the injunction and further notice from NMFS (See August 28, 2018 (83 FR 43792) for a list of HTS and instructions for the Certification of Admissibility). In accordance with 50 CFR 216.24(h)(8)(vii), a comparability finding will be terminated or revoked if the Assistant Administrator determines that the requirements of 50 CFR 216.24(h)(6) are no longer being met. Pursuant to 50 CFR 216.24(h)(8)(iv) the Assistant Administrator may specify the period for which a comparability finding is valid, particularly, when nations are requesting a finding during the exemption period. The comparability finding for the Government of Mexico's affected fisheries included in this Federal Register notice will remain valid through January 1, 2022. Additionally, in accordance with 50 CFR 216.24(h)(9)(ii), the Government of Mexico can reapply for a comparability finding for the El Golfo de Santa Clara curvina rodeo- style gillnet fishery at any time. All other exempt and export fisheries operating under the control of the Government of Mexico are still subject to the five-year exemption period under 50 CFR 216.24(h)(2)(ii). Therefore, prior to the conclusion of the five-year exemption period, per the requirements of 50 CFR 216.24(h)(6), the Government of Mexico, as is the case with all harvesting nations, must apply for and receive a comparability finding for all fisheries, including those in this Federal Register document, in order to export fish and fish products from those fisheries to the United States after January 1, 2022. Also, the Government of Mexico is still required to provide a progress report in accordance with 50 CFR 216.24(h)(10) for these fisheries and all other fisheries on its List of Foreign Fisheries. The Government of Mexico has requested that NMFS update its LOFF to reflect only those fisheries and gear types authorized to fish in the upper Gulf of California. NMFS will add these fisheries (both those that have and were denied a comparability finding) and remove all gillnet fisheries listed as operating in the upper Gulf of California from the List of Foreign Fisheries for Mexico. This action is taken in accordance with 50 CFR 216.24(h)(8)(vi). Dated: November 30, 2018. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018-26418 Filed 11-30-18; 4:15 pm] BILLING CODE 3510-22-P
![62842 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices
document and is on file electronically III. Background notice to OIRA_Submission@
via Enforcement and Compliance’s IV. Scope of the Order omb.eop.gov or fax to (202) 395–5806.
Antidumping and Countervailing Duty 1. Rulings Relevant to Scope
V. Discussion of the Issues Sheleen Dumas,
Centralized Electronic Service System
1. Likelihood of Continuation or Departmental Lead PRA Officer, Office of the
(ACCESS). ACCESS is available to Recurrence of a Countervailable Subsidy Chief Information Officer, Commerce
registered users at http:// 2. Net Countervailable Subsidy Likely to Department.
access.trade.gov, and to all in the Prevail [FR Doc. 2018–26408 Filed 12–4–18; 8:45 am]
Central Records Unit, Room B8024, of 3. Nature of Subsidy
BILLING CODE 3510–13–P
the main Commerce building. In VI. Final Results of the Review
addition, a complete version of the VII. Recommendation
Issues and Decision Memorandum can [FR Doc. 2018–26430 Filed 12–4–18; 8:45 am] DEPARTMENT OF COMMERCE
be accessed directly at http:// BILLING CODE 3510–DS–P
enforcement.trade.gov/frn. The signed National Oceanic and Atmospheric
and electronic versions of the Issues and Administration
Decision Memorandum are identical in DEPARTMENT OF COMMERCE
content. RIN 0648–XG619
National Institute of Standards and
Final Results of Review
Technology Implementation of Fish and Fish
Pursuant to sections 751(c)(1) and Product Import Provisions of the
752(b) of the Act, Commerce determines Submission for OMB Review; Marine Mammal Protection Act—
that revocation of the CVD order on Comment Request Notification of Comparability Findings
pasta from Turkey would be likely to
The Department of Commerce will AGENCY: National Marine Fisheries
lead to the continuation or recurrence of
submit to the Office of Management and Service (NMFS), National Oceanic and
a countervailable subsidy at the rates
Budget (OMB) for clearance the Atmospheric Administration (NOAA),
listed below:
following proposal for collection of Commerce.
Net information under the provisions of the
Paperwork Reduction Act (44 U.S.C. ACTION: Notice; comparability findings
countervailable
Exporter/producer for Mexico.
subsidy rate Chapter 35).
(percent) Agency: National Institute of SUMMARY: Under the authority of the
Standards and Technology (NIST). Marine Mammal Protection Act
Filiz Gida Sanayi ve Ticaret
(Filiz) ................................. 1.73 Title: NIST Generic Clearance for (MMPA), the NMFS Assistant
Maktas Makarnacilik ve Usability Data Collections Administrator for Fisheries (Assistant
Ticaret (Maktas) ................ 13.19 OMB Control Number: 0693–0043. Administrator) has issued comparability
Oba Makernacilik Sanayi ve Form Number(s): None. findings for the Government of Mexico’s
Ticaret (Oba) ..................... 13.18 Type of Request: Regular Submission following fisheries: Upper Gulf of
All Others .............................. 8.95 (revision and extension of a currently
California shrimp trawl fishery for both
approved information collection). small and large vessels; Upper Gulf of
Notification to Interested Parties Number of Respondents: 150,000. California shrimp suripera fishery;
This notice also serves as the only Average Hours per Response: Varied, Upper Gulf of California sierra purse
reminder to parties subject to dependent upon the data collection seine fishery; Upper Gulf of California
administrative protective order (APO) of method used. The possible response sierra hook and line fishery; Upper Gulf
their responsibility concerning the time to complete a questionnaire may be of California chano trawl fishery, for
destruction of proprietary information 15 minutes or 2 hours to participate in small vessels; Upper Gulf of California
disclosed under APO in accordance an empirical study. curvina purse seine fishery; and Upper
with 19 CFR 351.305. Timely written Burden Hours: 100,000. Gulf of California sardine/curvina purse
notification of the return or destruction Needs and Uses: NIST will conduct seine fishery for both small and large
of APO materials or conversion to information collections to evaluate the vessels. The Assistant Administrator is
judicial protective order is hereby usability and utility of NIST research for denying a comparability finding for the
requested. Failure to comply with the measurement and standardization work. El Golfo de Santa Clara curvina rodeo-
regulations and terms of an APO is a These data collections efforts may style gillnet fishery. NMFS bases the
sanctionable violation. include, but may not be limited to comparability findings on documentary
We are issuing and publishing these electronic methodologies, empirical evidence submitted by the Government
results in accordance with sections studies, video and audio collections, of Mexico and other relevant, readily-
751(c), 752(b), and 777(i)(1) of the Act interview, and questionnaires. available information including
and 19 CFR 351.218. Affected Public: Individual or scientific literature and the reports of
Dated: November 28, 2018. households; State, Local or Tribal the ‘‘Comité Internacional para la
Government; Federal Government. Recuperación de la Vaquita’’ (CIRVA)
Gary Taverman,
Frequency: On occasion. (the international recovery team for
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
Respondent’s Obligation: Voluntary. vaquita).
performing the non-exclusive functions and This information collection request
may be viewed at reginfo.gov. Follow DATES: These comparability findings are
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duties of the Assistant Secretary for
Enforcement and Compliance. the instructions to view Department of valid for the period of November 30,
Commerce collections currently under 2018, through January 1, 2022, unless
Appendix review by OMB. revoked by the Assistant Administrator
List of Topics Discussed in the Issues and Written comments and in a subsequent action.
Decision Memorandum recommendations for the proposed FOR FURTHER INFORMATION CONTACT:
I. Summary information collection should be sent Nina Young, at email: Nina.Young@
II. History of the Order within 30 days of publication of this noaa.gov or phone: 301–427–8383.
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![62844 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices
Upper Gulf of California sierra hook and Government of Mexico, as is the case identifies the applicant’s preferred
line fishery; Upper Gulf of California with all harvesting nations, must apply membership, along with a resume
chano trawl fishery, for small vessels; for and receive a comparability finding detailing the applicant’s experience by
Upper Gulf of California curvina purse for all fisheries, including those in this one of the following methods:
seine fishery; and Upper Gulf of Federal Register document, in order to • By Email: davis.j.breyer@uscg.mil,
California sardine/curvina purse seine export fish and fish products from those (preferred) Subject line: The Merchant
fishery for both small and large vessels; fisheries to the United States after Mariner Medical Advisory Committee;
have met the MMPA’s requirements to January 1, 2022. Also, the Government • By Fax: 202–372–8382 ATTN: Mr.
receive comparability findings. The of Mexico is still required to provide a Davis J. Breyer, Alternate Designated
Assistant Administrator has determined progress report in accordance with 50 Federal Officer; or
that the El Golfo de Santa Clara curvina CFR 216.24(h)(10) for these fisheries • By Mail: Mr. Davis J. Breyer,
rodeo-style gillnet fishery has not met and all other fisheries on its List of Alternate Designated Federal Officer of
the requirements to receive a Foreign Fisheries. the Merchant Mariner Medical Advisory
comparability finding, will be denied The Government of Mexico has Committee, Commandant, (CG–MMC–
such, and will remain subject to import requested that NMFS update its LOFF to 2)/MEDMAC, U.S. Coast Guard, 2703
restrictions in accordance with 50 CFR reflect only those fisheries and gear Martin Luther King Jr. Ave SE, Stop
216.24(h)(9). types authorized to fish in the upper 7509, Washington, DC, 20593–7509.
Although this comparability finding Gulf of California. NMFS will add these FOR FURTHER INFORMATION CONTACT: Mr.
would allow the importation into the fisheries (both those that have and were Davis J. Breyer, Alternate Designated
United States of fish and fish product denied a comparability finding) and Federal Officer of the Merchant Mariner
derived from these non-gillnet fisheries remove all gillnet fisheries listed as Medical Advisory Committee,
operating in the Upper Gulf of operating in the upper Gulf of California Commandant, (CG–MMC–2)/MEDMAC,
California under the Government of from the List of Foreign Fisheries for U.S. Coast Guard, 2703 Martin Luther
Mexico’s jurisdiction, as noted above, Mexico. This action is taken in King Jr. Ave SE, Stop 7509, Washington,
CIT required the U.S. Government to accordance with 50 CFR DC, 20593–7509, telephone 202–372–
ban all fish and fish products from said 216.24(h)(8)(vi). 1445, fax 202–372–8382 or
fisheries (effectuated through 83 FR davis.j.breyer@uscg.mil.
Dated: November 30, 2018.
43792, August 28, 2018). Due to CIT’s
injunction, imports of sierra, shrimp, Samuel D. Rauch, III, SUPPLEMENTARY INFORMATION: The
chano, and curvina fish and fish Deputy Assistant Administrator for Merchant Mariner Medical Advisory
products must continue to be Regulatory Programs, National Marine Committee is a federal advisory
accompanied by a Certification of Fisheries Service. committee established in accordance
Admissibility in accordance with the [FR Doc. 2018–26418 Filed 11–30–18; 4:15 pm] with the provisions of the Federal
provisions of 50 CFR 216.24(h)(9) until BILLING CODE 3510–22–P Advisory Committee Act (Title 5 U.S.C.
a court of competent jurisdiction lifts Appendix) and 46 U.S.C. 7115.
the injunction and further notice from The Committee meets at least twice
NMFS (See August 28, 2018 (83 FR DEPARTMENT OF HOMELAND each year. Its subcommittees and
43792) for a list of HTS and instructions SECURITY working groups may hold additional
for the Certification of Admissibility). meetings as needed to consider specific
In accordance with 50 CFR Coast Guard tasks.
216.24(h)(8)(vii), a comparability Except for vacancy appointments,
[Docket No. USCG–2018–0875]
finding will be terminated or revoked if Committee members serve a term of
the Assistant Administrator determines Merchant Mariner Medical Advisory office of five years. Members may serve
that the requirements of 50 CFR Committee; Vacancies a maximum of two consecutive terms.
216.24(h)(6) are no longer being met. All members serve at their own expense
Pursuant to 50 CFR 216.24(h)(8)(iv) AGENCY: U.S. Coast Guard, Department and receive no salary or other
the Assistant Administrator may specify of Homeland Security. compensation from the Federal
the period for which a comparability ACTION: Request for applications. Government. Members may be
finding is valid, particularly, when reimbursed for travel and per diem in
nations are requesting a finding during SUMMARY: The U.S. Coast Guard seeks accordance with Federal Travel
the exemption period. The applications for membership on the Regulations.
comparability finding for the Merchant Mariner Medical Advisory We will consider applications for the
Government of Mexico’s affected Committee. The Committee provides following six positions that will be
fisheries included in this Federal advice and recommendations to the vacant on April 18, 2019. Federal
Register notice will remain valid Secretary on matters related to medical employees, in accordance with 46
through January 1, 2022. Additionally, certification determinations for issuance U.S.C. 7115(b)(1), and registered
in accordance with 50 CFR of licenses, certificates of registry, and lobbyists, as described below, are not
216.24(h)(9)(ii), the Government of merchant mariners’ documents; medical eligible for these positions.
Mexico can reapply for a comparability standards and guidelines for the (1) Professional mariner membership
finding for the El Golfo de Santa Clara physical qualifications of operators of positions. To be eligible, you must have
curvina rodeo-style gillnet fishery at any commercial vessels; medical examiner experience as a merchant mariner and
time. All other exempt and export education; and medical research. have significant knowledge and
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fisheries operating under the control of DATES: Completed applications should experience in the duties of the various
the Government of Mexico are still be submitted to the U.S. Coast Guard on positions aboard ship and the nature of
subject to the five-year exemption or before February 4, 2019. the environment in which these duties
period under 50 CFR 216.24(h)(2)(ii). ADDRESSES: Applicants should send a are performed; and
Therefore, prior to the conclusion of the cover letter expressing interest in an (2) Health-care professionals. To be
five-year exemption period, per the appointment to the Merchant Mariner eligible, you must have particular
requirements of 50 CFR 216.24(h)(6), the Medical Advisory Committee that expertise, knowledge, or experience
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Document Created: 2018-12-05 02:35:28
Document Modified: 2018-12-05 02:35:28
| 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; comparability findings for Mexico. | |
| Dates | These comparability findings are valid for the period of November 30, 2018, through January 1, 2022, unless revoked by the Assistant Administrator in a subsequent action. | |
| Contact | Nina Young, at email: [email protected] or phone: 301-427-8383. | |
| FR Citation | 83 FR 62842 | |
| RIN Number | 0648-XG61 |
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