On September 28, 2016, the National
Marine Fisheries Service’s (NMFS) Assistant Administrator made a
determination of regular and significant mortality and serious
injury of dolphins in gillnet fisheries in the Indian Ocean (see
Federal Register Notice 81 FR 66625). This determination affects
certain importations of frozen and/or processed tuna product
labeled dolphin-safe where the tuna was harvested on fishing trips
that begin on or after November 27, 2016. The last revision of a
currently approved collection, approved Oct 18, 2016, updated the
language on the FCO to reflect this finding. The amendment to the
FCO was not complete; this request is to revise the FCO to reflect
the full requirements resulting from the determination. The captain
of the vessel and an observer participating in a national or
international program acceptable to the Assistant Administrator
(unless the Assistant Administrator determines an observer
statement is unnecessary) must certify that dolphin-safe tuna was
kept physically separate from non-dolphin-safe tuna by the use of
netting, other material, or separate storage areas from the time of
capture through unloading. Language under section 5(B)(3) of the
FCO, will be amended to include this requirement, as will the
instructions on page 2, Section 5, of the FCO.
US Code:
16
USC 1361 Name of Law: Marine Mammal Protection Act
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.