National Oceanic and Atmospheric Administration May 5, 2023 – Federal Register Recent Federal Regulation Documents

NMFS proposes to revise its Antarctic Marine Living Resources Convention Act regulations, including those that implement the trade- monitoring program for frozen and fresh Dissostichus species, commonly marketed or referred to as Chilean seabass or Patagonian toothfish. Specifically, this action would: revise regulations that specify the circumstances under which NMFS would deny issuance of a preapproval certificate that is required to legally import frozen Dissostichus species; add regulations that specify the circumstances under which NMFS would deny issuance of a re-export or export document that is required to legally re-export or export both frozen and fresh Dissostichus species; clarify that the applicable authorization must be received prior to re-export or export; and remove the prohibition on the importation of toothfish harvested from the Food and Agriculture Organization of the United Nations (FAO) Statistical Areas 51 and 57. NMFS also proposes other non-substantive technical and procedural updates.

This proposed rule would implement Draft Amendment 15 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) (Amendment 15). NMFS is proposing changes to Atlantic HMS fishery management measures regarding four commercial longline spatial management areas and the administration and funding of the HMS pelagic longline electronic monitoring (EM) program. Specifically, NMFS proposes to modify the timing and boundaries of the Mid-Atlantic shark, Charleston Bump, East Florida Coast, and DeSoto Canyon closed areas to create low- and/or high-bycatch risk areas. Lastly, NMFS proposes to implement a cost allocation program to transition electronic monitoring sampling costs to the industry, while NMFS remains responsible for administrative costs. These proposed changes would directly impact bottom and pelagic longline fishermen who hold Atlantic HMS fishing permits, and HMS commercial fishermen who use other gear types and HMS recreational fishermen may also be indirectly impacted given the proposed changes to the existing closed areas.