NOAA Issues Proposed Rule to Amend Regulations On Trade of Certain Tuna & Tuna-like Species
The National Ocean and Atmospheric Administration's (NOAA's) National Marine Fisheries Service (NMFS) has issued a proposed rule which would adjust the regulations governing the trade of tuna and tuna-like species in the North and South Atlantic Ocean to implement recommendations adopted at the 2002 and 2003 meetings of the International Commission for the Conservation of Atlantic Tuna (ICCAT).
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Highlights of NMFS' Proposed Amendments to 50 CFR Part 635
NMFS' proposed rule would make the following amendments to 50 CFR 635.45 (partial list):
Proposed Definition of "tuna or tuna-like." NMFS is proposing to add a definition of "tuna or tuna-like" to 50 CFR 635.2, to read:
Tuna or tuna-like means the Scombriformes (with the exception of families Trichiuridae and Gempylidae and the genus Scomber) and such other species of fishes that are regulated by ICCAT in the Atlantic Ocean.
NMFS sources add that examples of tuna-like fish include swordfish, while marlin, sailfish, mackerels, etc.
Proposed prohibition of certain imports from Sierra Leone, Bolivia, and Georgia. NMFS is proposing to prohibit imports of Atlantic bigeye tuna (BET), Atlantic bluefin tuna (BFT), and Atlantic swordfish (SWO) or their products, in any form, from Sierra Leone. In addition, NMFS would prohibit imports of BET or its products, in any form, from Bolivia and Georgia.
NOAA states that upon determination by ICCAT that these countries have brought their fishing practices into consistency with ICCAT conservation and management measures, NMFS would take action to remove the appropriate import restrictions.
The regulations currently state that it is a rebuttable presumption that any shipment containing BET or its products offered for entry or imported into the U.S. has been harvested by a vessel or vessels of the exporting nation. NMFS is now proposing to extend this presumption to shipments of BFT and SWO.
Proposed lifting of import restrictions on Honduras, Belize, & St. Vincent and the Grenadines. NMFS is also proposing to remove the import prohibitions on BET, BFT, and SWO or their products, in any form, from Belize. NMFS would also remove the import prohibition on BFT and SWO or their products, in any form, from Honduras as well as the import restrictions imposed on BET or its products, in any form, from St. Vincent and the Grenadines.
Shipments from certain unlisted vessels would be denied entry. NMFS proposes that all shipments of tuna or tuna-like species, or their products, in any form, harvested in the ICCAT convention area by a fishing vessel larger than 24 meters in length overall that is not listed on the ICCAT record of authorized vessels would be denied entry into the U.S.
Shipments from vessels engaged in illegal, unreported, & unregulated fishing would be denied entry. NMFS also proposes that all shipments of tuna or tuna-like species, or their products, in any form harvested in the ICCAT convention area by a fishing vessel listed on the ICCAT record as engaged in illegal, unreported, and unregulated fishing will be denied entry into the U.S.
Shipments placed in cages for farming/transshipment. In addition, NMFS is proposing that all shipments of tuna or tuna-like species, placed in cages for farming and/or transshipment, harvested in the ICCAT convention area and caught by vessels listed as such in the ICCAT record be denied entry into the U.S.
Vessel owners subject to U.S. jurisdiction must obtain chartering permit. NMFS is also proposing, among other things, to require that vessel owners subject to U.S. jurisdiction must apply for and obtain a chartering permit before fishing under a chartering arrangement.
(See NMFS' proposed rule for complete details on the proposed amendments to 50 CFR 635.5 (recordkeeping and reporting), 635.32 (specifically authorized activities), and 635.71 (prohibitions).)
- hearing on proposed rule in 05/19/04
- written comments on proposed rule due by 5 p.m. on 06/21/04
NMFS Contact - Heather Stirratt (301) 713-2347
NMFS Final Rule (D/N 040421127-4127-01; FR Pub 05/06/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-10256.pdf