On September 28, 2016, the National Marine Fisheries Serviceâs (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.