[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Rules and Regulations]
[Pages 29807-29808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13492]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 14
[Docket No. FWS-HQ-LE-2019-0041; FF09L00200-FX-LE18110900000]
RIN 1018-BE35
Importation, Exportation, and Transportation of Wildlife,
Shellfish, and Fishery Products; Importation and Exportation of Green
Sea Urchins
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) is amending our
regulations regarding the importation and exportation of green sea
urchins. We are issuing this final rule pursuant to the Agriculture
Improvement Act of 2018, which includes a provision that directs the
Director of the Service to revise our regulations pertaining to import/
export licenses to exempt the exportation of green sea urchins under
certain circumstances.
DATES: This action is effective June 25, 2019.
ADDRESSES: This final rule is available on the internet at http://www.regulations.gov in Docket No. FWS-HQ-LE-2019-0041.
FOR FURTHER INFORMATION CONTACT: Dan Coil, Special Agent in Charge,
Branch of Investigations, U.S. Fish and Wildlife Service, Office of Law
Enforcement, (703) 358-1949.
SUPPLEMENTARY INFORMATION:
Background
On December 20, 2018, Congress passed the Agriculture Improvement
Act of 2018, P.L. 115-334, 132 Stat. 4490. Section 12617 of the Act,
``Exemption of exportation of certain echinoderms from permission and
licensing requirements,'' requires the Service to amend its regulations
in title 50 of the Code of Federal Regulations at 50 CFR 14.92 to add
an exemption for green sea urchins. In particular, Congress directed
the Service to add an exemption for ``members of the species
Strongylocentrotus droebachiensis (commonly known as the ``green sea
urchin'')'' and any products of that species that are harvested in U.S.
waters or imported for processing pursuant to an import license, and
then exported for human or animal consumption, and that otherwise do
not require a permit. See section 12617(c) of the Agriculture
Improvement Act of 2018, Public Law 115-334, 132 Stat. 4490 (2018).
Section 12617 of the Agriculture Improvement Act of 2018 also
prohibits application of the regulatory exemptions to persons who have
been convicted of certain Federal wildlife laws within the last 5
years. (Sec. 12617(b)(2)). In addition, the regulatory exemptions will
not apply in States if the State agencies that regulate or oversee the
fisheries where green sea urchins are harvested have not submitted
certain conservation and management data to the Interstate Fisheries
Management Program Policy Board of the applicable Marine Fisheries
Commission. A State may also be excluded if the applicable Marine
Fisheries Commission determines that the information provided fails to
prove that the State is engaged in ``conservation and management'' of
the green sea urchin. (Sec. 12617(d)).
This Rule
The current regulations in 50 CFR part 14 provide requirements for
importation, exportation, and transportation of wildlife. The
regulations at 50 CFR 14.92 list four exemptions to the import/export
license requirement, including an exemption for certain shellfish and
nonliving fishery products that are imported or exported for purposes
of human or animal consumption or taken in waters under the
jurisdiction of the United States or on the high seas for recreational
purposes.
Per direction of the Agriculture Improvement Act of 2018, we now
amend the regulations at 50 CFR 14.92. The rule language at the end of
this document precisely tracks the language of the Agriculture
Improvement Act of 2018, with only minor formatting modifications
appropriate for inclusion as regulatory language.
Accordingly, this final rule adds a fifth exemption to 50 CFR 14.92
for certain green sea urchins (Strongylocentrotus droebachiensis),
including any products of that species, that are taken in waters under
the jurisdiction of the United States, or are imported into the United
States for processing and are exported for purposes of human or animal
consumption. This final rule also incorporates the two statutory
exceptions to the new exemption from the import/export license
requirement. First, Sec. 14.92(a)(5)(ii) provides that the exemption
does not apply to any person who has been convicted of one or more
violations of a Federal law relating to the importation,
transportation, or exportation of wildlife during the previous 5 years.
Second, Sec. 14.92(a)(5)(iii) provides that the exemption does not
apply in a State that fails to transmit data as required by section
12617(d) of the Agriculture Improvement Act of 2018, or if the
applicable Marine Fisheries Commission determines that the data
transmitted fails to prove that the State is engaged in conservation
and management of the green sea urchin.
Effective Date
This final rule is effective upon publication in the Federal
Register. Section 12617 of subtitle F, General Provisions, of Public
Law 115-334, directs the Director of the U.S. Fish and Wildlife Service
to issue, within 90 days of enactment of the law, this final rule.
Required Determinations
This rulemaking implements section 12617 of subtitle F of Public
Law 115-334. Issuance of this rule is a nondiscretionary act for the
U.S. Fish and Wildlife Service. Therefore, the promulgation of this
rule is not subject to any other provision of statute or regulation
that applies to the issuance of Federal rules. Accordingly, in issuing
this rule, the Service has not made and is not required to make
determinations otherwise required by statute, regulation, or Executive
Order for the promulgation of Federal rules.
List of Subjects in 50 CFR Part 14
Animal welfare, Exports, Fish, Imports, Labeling, Reporting and
[[Page 29808]]
recordkeeping requirements, Transportation, Wildlife.
Regulation Promulgation
For the reasons described above, we hereby amend part 14,
subchapter B of chapter I, title 50 of the Code of Federal Regulations
as set forth below.
PART 14--IMPORTATION, EXPORTATION AND TRANSPORTATION OF WILDLIFE
0
1. The authority citation for part 14 is revised to read as follows:
Authority: 16 U.S.C. 668, 704, 712, 1382, 1538(d)-(f), 1540(f),
3371-3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 9701;
Pub. L. 115-334, 132 Stat. 4490.
0
2. Amend Sec. 14.92 by adding paragraph (a)(5) to read as follows:
Sec. 14.92 What are the exemptions to the import/export license
requirement?
(a) * * *
(5)(i) Except as provided in paragraphs (a)(5)(ii) and (iii) of
this section, green sea urchins, Strongylocentrotus droebachiensis,
including any products of that species, that:
(A) Do not require a permit under part 16, 17, or 23 of this
subchapter;
(B) Are taken in waters under the jurisdiction of the United States
or are imported into the United States for processing pursuant to the
licensing requirements of Sec. 14.91; and
(C) Are exported for purposes of human or animal consumption.
(ii) The exemption in paragraph (a)(5)(i) of this section does not
apply to any person who has been convicted of one or more violations of
a Federal law relating to the importation, transportation, or
exportation of wildlife during the previous 5 years.
(iii) The exemption in paragraph (a)(5)(i) of this section does not
apply in any State that does not annually provide ``conservation and
management'' data, as defined in section 3 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1802), to the
applicable Marine Fisheries Commission, or, if the State does provide
the ``conservation and management'' data, and the applicable Marine
Fisheries Commission determines, in consultation with the primary
research agency of such Commission, after notice and an opportunity to
comment, that the data fails to prove that the State agency or official
is engaged in conservation and management of the green sea urchin.
* * * * *
Dated: June 18, 2019.
Ryan Hambleton,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2019-13492 Filed 6-24-19; 8:45 am]
BILLING CODE 4333-15-P