Taking and Importing of Marine Mammals; Italy as a Large-Scale High Seas Driftnet Nation

The HSDFEA furthers the purposes of United Nations General Assembly Resolution 46/215, which called for a worldwide ban on large-scale high seas driftnet fishing beginning December 31, 1992. On March 5, 1999, the U.S. Court of International Trade ordered the Secretary of Commerce to identify Italy as a country for which there is reason to believe its nationals or vessels conduct large-scale driftnet fishing beyond the exclusive economic zone of any nation, pursuant to the HSDFEA (16 U.S.C. 1826a). On March 19, 1999, the Secretary notified the President that he had identified Italy as such a country. Italian officials were notified by the Department of State on March 22, 1999. Pursuant to the HSDFEA, a chain of actions is triggered once the Secretary of Commerce notifies Italy that it has been identified as a large-scale high seas driftnet nation. If the consultations with Italy, described in the SUMMARY, are not satisfactorily concluded within 90 days, the President must direct the Secretary of the Treasury to prohibit the importation into the United States of fish, fish products, and sport fishing equipment from Italy. The Secretary of the Treasury is required to implement such prohibitions within 45 days of the President's direction. If the above sanctions are insufficient to persuade Italy to cease large-scale high seas driftnet fishing within 6 months, or Italy retaliates against the United States during that time as a result of the sanctions, the Secretary of Commerce is required to certify this fact to the President. Such a certification is deemed to be a certification under section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a), also known as the Pelly Amendment). This authorizes the President to restrict imports of ``any products from the offending country for

any duration'' to achieve compliance with the driftnet moratorium, so long as such action is consistent with U.S. obligations under the General Agreement on Tariffs and Trade. The DPCIA (16 U.S.C. 1371(a)(2)(E)) requires that an exporting nation whose fishing vessels engage in high seas driftnet fishing provide documentary evidence that certain fish or fish products it wishes to export to the United States were not harvested with a large- scale driftnet on the high seas. Importers are being reminded that, as has been in effect since May 29, 1996 (61 FR 18722), all shipments from Italy containing fish and fish products specified in regulations at 50 CFR 216.24(e)(2) are subject to the importation requirements of the DPCIA. As required by 50 CFR 216.24(e)(2), the Fisheries Certificate of Origin (NOAA Form 370) must accompany all imported shipments of an item with a Harmonized Tariff Schedule number for fish harvested by or imported from a large-scale driftnet nation. As part of those requirements, an official of the Government of Italy must certify that any such import does not contain fish harvested with large-scale driftnets anywhere on the high seas. Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to, a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB control number. The collection of information required by the Fisheries Certificate of Origin (NOAA Form 370) has been approved by the Office of Management and Budget (OMB) under OMB control number 0648-0040.

Dated: June 16, 1999. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 99-16205 Filed 6-24-99; 8:45 am] BILLING CODE 3510-22-F