[Federal Register Volume 59, Number 66 (Wednesday, April 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-8173]
[[Page Unknown]]
[Federal Register: April 6, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 930939-4035; I.D. 062993B]
Taking and Importing of Marine Mammals; Fisheries Certificate of
Origin
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS amends its regulations to allow importers or brokers to
file ``Fisheries Certificates of Origin,'' which are required for
importation of certain fish and fish products, using the U.S Customs
Service's Automated Broker Interface (ABI) system. The purpose of this
amendment is to eliminate excess paperwork and minimize the reporting
burden, while maintaining an efficient, accurate system to monitor the
importation of the regulated fish and fish products.
EFFECTIVE DATE: This final rule is effective on May 6, 1994.
FOR FURTHER INFORMATION CONTACT: James Lecky, Chief, Protected Species
Division, NMFS Southwest Region, 310-980-4000.
SUPPLEMENTARY INFORMATION:
Background
NMFS has implemented the use of the NOAA Form 370 ``Fisheries
Certificate of Origin'' (FCO) to monitor the importation of those fish
and fish products specified by regulation to implement the Marine
Mammal Protection Act (Pub. L. 100-711)(MMPA), the Dolphin Protection
Consumer Information Act (Pub. L. 101-627, Title IX) (DPCIA), and the
International Dolphin Conservation Act (Pub. L. 102-523)(IDCA). These
laws reflect the policy of the U.S. Government to ameliorate a
worldwide environmental crisis in which marine mammals and other marine
life are killed by commercial fishing technology, such as large-scale
driftnets and purse seine nets deployed to encircle dolphins. The FCO
provides the U.S. Customs Service (USCS) a tool to monitor and deny
entry of those fish products that are prohibited entry into the United
States.
NMFS published a proposed rule, with a request for comments, on
November 18, 1993 (58 FR 60829), in the Federal Register to amend the
regulations to allow importers or brokers to file the FCO using the
USCS's Automated Broker Interface (ABI). Filing with the ABI would
allow electronic filing of importation documentation without submission
of the paper forms. There were no comments received on the proposed
rule. The final rule is substantially identical to the proposed.
This final rule advances USCS's long-range plan to automate the
importation process with the goal of eliminating unnecessary paperwork.
NMFS has requested, and USCS has agreed, to incorporate the FCO into
the ABI system. USCS has agreed to collect the information and to make
the information available to NMFS by electronic transfer. The ABI
system for the FCO will not be ready until the second quarter of 1994.
Many details still need to be worked out before initiating electronic
filing of the FCO. Recognizing this, NMFS is structuring its
regulations to accommodate both the existing paper system and the
future electronic filing of the FCO. To facilitate the conversion to
electronic filing, the final rule will permit electronic filing at any
and all points of entry where the ABI system is or may become
available. After the ABI system is implemented for the FCO, importers
will have the option to file electronically or submit the paper FCO
upon entry. If an importer is unable to participate in the electronic
filing system, the paper FCO can still be used.
Importers or their brokers will be required to maintain
documentation to verify electronic entries for a period of 5 years
after the entry. Any FCOs from foreign exporters, invoices, ``dolphin
safe'' certification, and all other required documents must be
maintained by the broker or importer. NMFS enforcement officers are
allowed access to these documents, upon request, for routine
inspections and when investigating alleged violations of the MMPA or
``dolphin safe'' labeling violations.
Classification
This rule contains collection-of-information requirements subject
to the Paperwork Reduction Act, 44 U.S.C. chapter 35. The collections-
of-information requirements found at Sec. 216.24(e)(3) have been
approved by the Office of Management and Budget under control number
0648-0040. The public reporting burden for filing the Certificate of
Origin electronically is 24 minutes, and the recordkeeping requirement
for maintaining the information is 5 minutes. Send comments regarding
these burden estimates or any other aspect of the collection of
information, including suggestions for reducing this burden to:
Director, Southwest Region, NMFS (See ADDRESSES), and to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
Washington DC 20503 (Attn: Paperwork Reduction Act Project). This rule
is not subject to review under Executive Order 12866.
List of Subjects in 50 CFR Part 216
Administrative practice and procedure, Imports, Indians, Marine
mammals, Penalties, Reporting and recordkeeping requirements,
Transportation.
Dated: March 29, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
For the reasons set forth in the preamble, 50 CFR part 216 is
amended as follows:
PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE
MAMMALS
1. The authority citation for part 216 continues to read as
follows:
Authority: 16 U.S.C. 1361 et seq., unless otherwise stated.
2. Section 216.3 is amended by adding in alphabetical order a
definition of ``ABI'', to read as follows:
Sec. 216.3 Definitions.
* * * * *
ABI means Automated Broker Interface, the electronic product-entry
filing system under the control of the U.S. Customs Service, Department
of the Treasury.
* * * * *
3. In Sec. 216.24, paragraph (e)(3)(i)(A)(1) is revised to read as
follows:
Sec. 216.24 Taking and related acts incidental to commercial fishing
operations.
* * * * *
(e) * * *
(3) * * *
(i) * * *
(A) * * *
(1) Accompanied by a completed Fisheries Certificate of Origin
described in paragraph (e)(3)(iii) of this section, or, for points of
entry where the ABI system is available, the information required for
the Certificate may be filed electronically by the ABI system in lieu
of the paper form, provided that the electronic filing is made no later
than at the time of entry and all documentation in support of the ABI
entry is maintained by the importer or broker for not less than 5 years
and is kept available for inspection by NMFS personnel upon request;
* * * * *
[FR Doc. 94-8173 Filed 4-5-94; 8:45 am]
BILLING CODE 3510-22-P