[Federal Register Volume 61, Number 107 (Monday, June 3, 1996)] [Rules and Regulations] [Pages 27793-27795] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-13743] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 216 and 247 [Docket No. 960516135-6135-01; I.D. 051096A] RIN 0648-AF08 Taking and Importing of Marine Mammals; Dolphin Safe Tuna Labeling; Regulation Consolidation AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule consolidates existing regulations regarding dolphin safe tuna labeling and corrects an address in the regulations. This action is part of the President's regulatory reform initiative. EFFECTIVE DATE: June 3, 1996. FOR FURTHER INFORMATION CONTACT: Wanda L. Cain, Office of Protected Resources, NMFS, 301-713-2055. SUPPLEMENTARY INFORMATION: On September 19, 1991 (56 FR 47424), NMFS published an interim final rule implementing dolphin safe tuna labeling requirements of the Dolphin Protection Consumer Information Act, 16 U.S.C. 1385. To consolidate regulations under the President's regulatory reform initiative, NMFS is recodifying regulations governing the requirements for the dolphin safe labeling of tuna as subpart H of part 216. In addition, a new paragraph is added to Sec. 216.24 to reference subpart H in order to make importers aware of dolphin safe tuna labeling requirements. In this rule, NMFS also removes the address of the Director, Southwest Region, from the footnote to Sec. 261.24 (e)(3)(iii). Classification This rule has been determined to be not significant for purposes of E.O. 12866. The Assistant Administrator for Fisheries, NOAA, under 5 U.S.C. 553(b)(B) and (d)(3), for good cause finds that because this rule makes only nonsubstantive changes to existing regulations that were issued pursuant to notice-and-comment procedures, it is not necessary to provide advance notice and opportunity for public comment or to delay its effectiveness for 30 days. List of Subjects 50 CFR Part 216 Administrative practice and procedure, Exports, Imports, Indians, Marine mammals, Penalties, Reporting and recordkeeping requirements, Transportation. 50 CFR Part 247 Exports, Fish, Labeling, Marine mammals, Penalties, Reporting and recordkeeping requirements, Seafood. Gary Matlock, Program Management Officer, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR parts 216 and, under authority of 16 U.S.C. 1385 et seq., 247 are amended as follows: [[Page 27794]] 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 noted. 2. In Sec. 216.3, the definition for ``Assistant Administrator'' is revised, the definition of ``Regional Director'' is removed, and definitions for ``Fisheries Certificate of Origin'', ``Label'', ``Director, Southwest Region'', and ``Tuna product'' are added alphabetically to read as follows: Sec. 216.3 Definitions. * * * * * Assistant Administrator means the Assistant Administrator for Fisheries, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Silver Spring, MD 20910, or his/her designee. * * * * * Director, Southwest Region means the Director, Southwest Region, NMFS, 501 W. Ocean Blvd., Long Beach, CA 90802, or his/her designee. * * * * * Fisheries Certificate of Origin means NOAA Form 370, as described in 50 CFR 216.24(e)(3)(iii). * * * * * Label means a display of written, printed, or graphic matter on or affixed to the immediate container of any article. * * * * * Tuna product means any food product processed for retail sale and intended for human or animal consumption that contains an item listed in Sec. 216.24(e)(2)(i) or (ii), but does not include perishable items with a shelf life of less than 3 days. * * * * * 3. In Sec. 216.24, the terms ``NMFS Southwest Regional Director'', ``Regional Director'', ``Regional Director of the Southwest Region'', ``Regional Director, National Marine Fisheries Service'', ``Regional Director, Southwest Region'', ``Regional Director, Southwest Region, NMFS'', and ``Southwest Regional Director'' are removed and the words ``Director, Southwest Region'' are added in its place, each place it occurs. 4. In Sec. 216.24(e)(3)(i), paragraph (E) is added to read as follows: Sec. 216.24 Taking and related acts incidental to commercial fishing operations. * * * * * (e) * * * (3) * * * (i) * * * (E) Tuna or tuna products sold in or exported from the United States that suggest the tuna was harvested in a manner not injurious to dolphins are subject to the requirements of subpart H. * * * * * 5. In Sec. 216.24(e)(3)(iii), the footnote is revised to read as follows: 1 Copies of the form are available from the Director, Southwest Region (see Sec. 216.3). 6. Subpart H is added to read as follows: SUBPART H--DOLPHIN SAFE TUNA LABELING Sec. 216.90 Purpose. 216.91 Labeling requirements. 216.92 Purse seine vessels greater than 400 short tons (362.8 metric tons). 216.93 Submission of documentation. 216.94 Requests to review documents. 216.95 False statements or endorsements. Authority: 16 U.S.C. 1385. Sec. 216.90 Purpose. This subpart governs the requirements for labeling of tuna or tuna products sold in or exported from the United States that suggest the tuna was harvested in a manner not injurious to dolphins. Sec. 216.91 Labeling requirements. It is a violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for any person subject to U.S. jurisdiction, including any producer, exporter, importer, distributor, or seller of any tuna product exported from the United States or offered for sale in the United States to include on the label of that product the term ``dolphin safe'' or any other term, phrase, or symbol that claims or suggests that the tuna contained in the product was harvested using a fishing method that is not harmful to dolphins, if the product: (a) Contains tuna harvested with a large-scale driftnet; or (b) Contains tuna harvested in the ETP by a purse seine vessel 400 short tons (362.8 metric tons) carrying capacity or greater and is labeled in a manner that violates the standards set forth in Sec. 216.92 or Sec. 216.93. Sec. 216.92 Purse seine vessels greater than 400 short tons (362.8 metric tons). For purposes of Sec. 216.91(b), any tuna product containing tuna that were harvested in the ETP by a purse seine vessel 400 short tons (362.8 metric tons) carrying capacity or greater, must be accompanied by: (a) A completed Fisheries Certificate of Origin; (b) A written statement by the captain of each vessel that harvested the tuna, certifying that the vessel did not intentionally deploy a purse seine net on or to encircle dolphins at any time during the trip; (c) A written statement certifying that an observer, employed by or working under contract with the Inter-American Tropical Tuna Commission or the Secretary, was on board the vessel during the entire trip and that the vessel did not intentionally deploy a purse seine net on or to encircle dolphin at any time during the trip. The statement must be signed by either: (1) The Secretary; or (2) A representative of the Inter-American Tropical Tuna Commission; and (d) An endorsement on the Fisheries Certificate of Origin by each exporter, importer, and processor certifying that, to the best of his or her knowledge and belief, the Fisheries Certificate of Origin and attached documentation, accurately describe the tuna products. Sec. 216.93 Submission of documentation. The documents required by Sec. 216.92 must accompany the tuna product whenever it is offered for sale or export, except that these documents need not accompany the product when offered for sale if: (a) The documents do not require further endorsement by any importer or processor, and are submitted to officials of the U.S. Customs Service at the time of import; or (b) The documents are endorsed as required by Sec. 216.92(d) and delivered to the Director, Southwest Region, or to the U.S. Customs Service at the time of exportation. Sec. 216.94 Requests to review documents. At any time, the Assistant Administrator may request, in writing, any exporter, importer, processor, distributor, or seller of any tuna or tuna product labeled in a manner subject to the requirements of Sec. 216.91, to produce, within a specified time period, all documentary evidence concerning the origin of any product that is offered for sale as ``dolphin safe,'' including the original invoice. Sec. 216.95 False statements or endorsements. Any person who knowingly and willfully makes a false statement or false endorsement required by Sec. 216.92 is liable for a civil penalty not to exceed $100,000, that may be assessed in an action brought in any appropriate District Court of the United States on behalf of the Secretary. [[Page 27795]] PART 247--DOLPHIN SAFE TUNA LABELING 7. Under the authority of 16 U.S.C. 1385, part 247 is removed. [FR Doc. 96-13743 Filed 5-31-96; 8:45 am] BILLING CODE 3510-22-F