Identification and Certification of Nations Whose Fishing Vessels Are Engaged in Illegal, Unreported, or Unregulated Fishing or Bycatch of Protected Living Marine Resources, 17630-17631 [E9-8751]

Download as PDF 17630 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Proposed Rules of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 0023.1 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. A preliminary environmental analysis checklist supporting this determination is available in the docket where indicated under ADDRESSES. This proposed rule involves the establishment of a safety zone. Based on our preliminary determination, there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, we believe that this rule should be categorically excluded, under figure 2– 1, paragraph (34)(g), of the Instruction, from further environmental documentation. Because this event establishes a safety zone, paragraph (34)(g) of the Instruction applies. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record keeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS tjames on PRODPC75 with PROPOSALS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 3306, 3703 and Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. § 165.T09–0089 Safety Zone; Red Bull Air Race, Detroit River, Detroit, MI. DEPARTMENT OF COMMERCE (a) Location. The following area is a temporary safety zone: All U.S. waters of the Detroit River, Detroit, MI, bound by a line extending from a point on land southwest of Joe Louis Arena at position 42°19.4′ N; 083°3.3′ W, northeast along the Detroit shoreline to a point on land at position 42°20.0′ N; 083°1.2′ W, southeast to the international boarder with Canada at position 42°19.8′ N 083°1.0′ W, southwest along the international border to position 42°19.2′ N; 083°3.3′ W, and northwest to the point of origin at position 42°19.4′ N; 083°3.3′ W. (DATUM: NAD 83). (b) Enforcement Period. The safety zone will be enforced daily from 9 a.m. to 6:30 p.m. on June 11, 2009 through June 14, 2009. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Detroit, or his designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Detroit or his designated on-scene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port is any Coast Guard commissioned, warrant, or petty officer who has been designated by the Captain of the Port to act on his behalf. The on-scene representative of the Captain of the Port will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16. (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Detroit or his on-scene representative to obtain permission to do so. (5) Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port or his on-scene representative. National Oceanic and Atmospheric Administration Dated: March 26, 2009. J.D. Jenkins, Commander, U.S. Coast Guard, Acting Captain of the Port Detroit. [FR Doc. E9–8759 Filed 4–15–09; 8:45 am] BILLING CODE 4910–15–P 2. Section 165.T09–0089 is added to read as follows: VerDate Nov<24>2008 13:32 Apr 15, 2009 Jkt 217001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 50 CFR Part 300 RIN 0648–AX72 Identification and Certification of Nations Whose Fishing Vessels Are Engaged in Illegal, Unreported, or Unregulated Fishing or Bycatch of Protected Living Marine Resources AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public hearing; request for comments. SUMMARY: On January 14, 2009, NMFS published a proposed rule for developing identification and certification procedures to address illegal, unreported, or unregulated (IUU) fishing activities and bycatch of protected living marine resources (PLMRs) pursuant to the High Seas Driftnet Fishing Moratorium Protection Act (Moratorium Protection Act). On March 3, 2009, NMFS announced five public hearings to discuss and collect comments on the issues described in the proposed rule. This notice is to announce an additional public hearing. DATES: The additional hearing will be held on April 27, 2009, from 11:00 a.m. to 1:00 p.m. The due date for written comments has not changed and must be received no later than 5:00 p.m. Eastern time on May 14, 2009. ADDRESSES: The additional public hearing will be held at 1601 Kapiolani Blvd, 11th Floor, (the main reception is on the 11th floor and all visitors must check in), Honolulu, HI 96814; phone 808–944–2280. Written comments on this action, identified by RIN 0648–AV51, may be submitted by any of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal https:// www.regulations.gov. • Mail: Laura Cimo, Trade and Marine Stewardship Division, Office of International Affairs, NMFS, 1315 East– West Highway, Silver Spring, MD 20910. Instructions: All comments received are a part of the public record and will generally be posted to https:// www.regulations.gov without change. All personal identifying information (for example, name, address, etc.) voluntarily submitted by the commenter E:\FR\FM\16APP1.SGM 16APP1 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Proposed Rules tjames on PRODPC75 with PROPOSALS may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields, if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Laura Cimo (ph. 301–713–9090, fax 301–713–9106, e–mail Laura.Cimo@noaa.gov). SUPPLEMENTARY INFORMATION: On January 14, 2009 (74 FR 2019), NMFS published a proposed rule for developing certification procedures to address IUU fishing activities and PLMR bycatch pursuant to the Moratorium Protection Act. The regulatory measures proposed in this rule encourage nations to cooperate with the United States towards ending IUU fishing and reducing the bycatch of PLMRs. Under the proposed rule, NMFS is required to identify foreign nations whose fishing vessels are engaged in IUU fishing or fishing activities or practices that result in bycatch of VerDate Nov<24>2008 13:32 Apr 15, 2009 Jkt 217001 PLMRs in a biennial report to Congress. Once a nation has been identified in the biennial report, a notification and consultation process will be initiated. Subsequent to this process, NMFS will initiate a certification process regarding identified nations that considers whether the government of an identified nation has provided evidence that sufficient corrective action has been taken with respect to the activities described in the report or whether the relevant international fishery management organization has implemented measures that are effective in ending the IUU fishing activity by vessels of that nation. Nations will either receive a positive or a negative certification. The absence of sufficient action by an identified nation to address IUU fishing and/or PLMR bycatch may lead to the denial of port privileges for vessels of that nation, prohibitions on the importation of certain fish or fish products into the United States from that nation, or other measures. Identified nations that are not positively certified by the Secretary of Commerce could be subject to prohibitions on the importation of PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 17631 certain fisheries products into the United States and other measures, including limitations on port access, under the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a). Request for Comments NMFS will hold six public hearings to receive oral and written comments on these proposed actions. Five public hearings were announced on March 3, 2009 (74 FR 9207). This notice provides information on an additional public hearing. Comments received on the proposed rule will assist NMFS in developing a final rule. Special Accommodations The sessions are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Laura Cimo (see FOR FURTHER INFORMATION CONTACT) at least 7 days prior to the session. Dated: April 13, 2009. Jean–Pierre Ple, Acting Director, Office of International Affairs, National Marine Fisheries Service. [FR Doc. E9–8751 Filed 4–13–09; 4:15 pm] BILLING CODE 3510–22–S E:\FR\FM\16APP1.SGM 16APP1

Agencies

[Federal Register Volume 74, Number 72 (Thursday, April 16, 2009)]
[Proposed Rules]
[Pages 17630-17631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8751]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

RIN 0648-AX72


Identification and Certification of Nations Whose Fishing Vessels 
Are Engaged in Illegal, Unreported, or Unregulated Fishing or Bycatch 
of Protected Living Marine Resources

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public hearing; request for comments.

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SUMMARY: On January 14, 2009, NMFS published a proposed rule for 
developing identification and certification procedures to address 
illegal, unreported, or unregulated (IUU) fishing activities and 
bycatch of protected living marine resources (PLMRs) pursuant to the 
High Seas Driftnet Fishing Moratorium Protection Act (Moratorium 
Protection Act). On March 3, 2009, NMFS announced five public hearings 
to discuss and collect comments on the issues described in the proposed 
rule. This notice is to announce an additional public hearing.

DATES: The additional hearing will be held on April 27, 2009, from 
11:00 a.m. to 1:00 p.m. The due date for written comments has not 
changed and must be received no later than 5:00 p.m. Eastern time on 
May 14, 2009.

ADDRESSES: The additional public hearing will be held at 1601 Kapiolani 
Blvd, 11\th\ Floor, (the main reception is on the 11th floor and all 
visitors must check in), Honolulu, HI 96814; phone 808-944-2280.
    Written comments on this action, identified by RIN 0648-AV51, may 
be submitted by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal https://www.regulations.gov.
     Mail: Laura Cimo, Trade and Marine Stewardship Division, 
Office of International Affairs, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. All personal identifying information (for example, name, 
address, etc.) voluntarily submitted by the commenter

[[Page 17631]]

may be publicly accessible. Do not submit confidential business 
information or otherwise sensitive or protected information. NMFS will 
accept anonymous comments (enter ``N/A'' in the required fields, if you 
wish to remain anonymous). Attachments to electronic comments will be 
accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file 
formats only.

FOR FURTHER INFORMATION CONTACT: Laura Cimo (ph. 301-713-9090, fax 301-
713-9106, e-mail Laura.Cimo@noaa.gov).

SUPPLEMENTARY INFORMATION: On January 14, 2009 (74 FR 2019), NMFS 
published a proposed rule for developing certification procedures to 
address IUU fishing activities and PLMR bycatch pursuant to the 
Moratorium Protection Act. The regulatory measures proposed in this 
rule encourage nations to cooperate with the United States towards 
ending IUU fishing and reducing the bycatch of PLMRs.
    Under the proposed rule, NMFS is required to identify foreign 
nations whose fishing vessels are engaged in IUU fishing or fishing 
activities or practices that result in bycatch of PLMRs in a biennial 
report to Congress. Once a nation has been identified in the biennial 
report, a notification and consultation process will be initiated. 
Subsequent to this process, NMFS will initiate a certification process 
regarding identified nations that considers whether the government of 
an identified nation has provided evidence that sufficient corrective 
action has been taken with respect to the activities described in the 
report or whether the relevant international fishery management 
organization has implemented measures that are effective in ending the 
IUU fishing activity by vessels of that nation. Nations will either 
receive a positive or a negative certification.
    The absence of sufficient action by an identified nation to address 
IUU fishing and/or PLMR bycatch may lead to the denial of port 
privileges for vessels of that nation, prohibitions on the importation 
of certain fish or fish products into the United States from that 
nation, or other measures.
    Identified nations that are not positively certified by the 
Secretary of Commerce could be subject to prohibitions on the 
importation of certain fisheries products into the United States and 
other measures, including limitations on port access, under the High 
Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a).

Request for Comments

    NMFS will hold six public hearings to receive oral and written 
comments on these proposed actions. Five public hearings were announced 
on March 3, 2009 (74 FR 9207). This notice provides information on an 
additional public hearing. Comments received on the proposed rule will 
assist NMFS in developing a final rule.

Special Accommodations

    The sessions are physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Laura Cimo (see FOR FURTHER INFORMATION CONTACT) 
at least 7 days prior to the session.

    Dated: April 13, 2009.
Jean-Pierre Ple,
Acting Director, Office of International Affairs, National Marine 
Fisheries Service.
[FR Doc. E9-8751 Filed 4-13-09; 4:15 pm]
BILLING CODE 3510-22-S

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