Identification of Nations Whose Fishing Vessels are Engaged in Illegal, Unreported, or Unregulated Fishing and/or Bycatch of Protected Living Marine Resources, 10213-10214 [2010-4680]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Pages 10213-10214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4680]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG18


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

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

ACTION: Notice and request for information.

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SUMMARY: NMFS is seeking information regarding nations whose vessels 
are engaged in illegal, unregulated, or unreported (IUU) fishing or 
bycatch of protected living marine resources (PLMRs). Such information 
will be reviewed for the purposes of the identification of nations 
pursuant to the High Seas Driftnet Fishing Moratorium Protection Act 
(Moratorium Protection Act).

DATES: Information should be received on or before April 5, 2010.

ADDRESSES: Information should be submitted to NMFS Office of 
International Affairs, Attn.: MSRA Information, 1315 East-West Highway, 
Silver Spring, MD 20910. E-mail address: IUU.PLMR.INFO@noaa.gov or fax 
(301) 713-9106.

FOR FURTHER INFORMATION CONTACT: NMFS Office of International Affairs, 
e-mail address: IUU.PLMR.INFO@noaa.gov.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Reauthorization Act of 2006 (MSRA) amended the 
Moratorium Protection Act (16 U.S.C. 1826d-k) to require actions be 
taken by the United States to strengthen international fishery 
management organizations and address IUU fishing and bycatch of PLMRs. 
Specifically, the Moratorium Protection Act requires the Secretary of 
Commerce (Secretary) to identify in a biennial report to Congress those 
nations whose fishing vessels are engaged, or have been engaged at any 
point during the preceding 2 years, in IUU fishing. In this context, 
IUU fishing is defined (16 U.S.C. 1826j; 50 CFR 300.200-201) as:
    (1) Fishing activities that violate conservation and management 
measures required under an international fishery management agreement 
to which the United States is a party, including catch

[[Page 10214]]

limits or quotas, capacity restrictions, and bycatch reduction 
requirements;
    (2) Overfishing of fish stocks shared by the United States, for 
which there are no applicable international conservation or management 
measures or in areas with no applicable international fishery 
management organization or agreement, that has adverse impacts on such 
stocks; and
    (3) Fishing activity that has an adverse impact on seamounts, 
hydrothermal vents, and cold water corals located beyond national 
jurisdiction, for which there are no applicable conservation or 
management measures or in areas with no applicable international 
fishery management organization or agreement.
    Additionally, the Secretary must identify in the biennial report 
those nations whose fishing vessels are engaged, or have been engaged 
during the preceding calendar year, in fishing activities either (1) in 
waters beyond any national jurisdiction that result in bycatch of a 
PLMR, or (2) beyond the U.S. exclusive economic zone (EEZ) that result 
in bycatch of a PLMR shared by the United States. In this context, 
PLMRs are defined as non-target fish, sea turtles, or marine mammals 
that are protected under U.S. law or international agreement, including 
the Marine Mammal Protection Act, the Endangered Species Act, the Shark 
Finning Prohibition Act, and the Convention on International Trade in 
Endangered Species of Wild Flora and Fauna. PLMRs do not include 
species, except sharks, managed under the Magnuson-Stevens Fishery 
Conservation and Management Act, the Atlantic Tunas Convention Act, or 
any international fishery management agreement. (A list of species 
considered as PLMRs for this purpose is available online at: https://www.nmfs.noaa.gov/msa2007/mrip.htm)
    The first biennial report was submitted to Congress in January 2009 
and is available online at https://www.nmfs.noaa.gov/msa2007/docs/msra_biennial_report_011309.pdf. The report identified six nations for IUU 
fishing.
    The Moratorium Protection Act also requires the Secretary to 
establish procedures to certify whether each nation identified in the 
biennial report is taking appropriate corrective action to address IUU 
fishing and/or bycatch of PLMRs by fishing vessels of that nation. If a 
nation does not receive a positive certification by the Secretary, they 
could be subject to sanctions under the High Seas Driftnet Fisheries 
Enforcement Act (Enforcement Act)(16 U.S.C. 1826a). On January 14, 
2009, NMFS published a proposed rule to implement both the 
identification and certification procedures. (That proposed rule is 
available online at https://www.nmfs.noaa.gov/msa2007/docs/iuu_bycatch_rule011409.pdf.)The rule provides information regarding the 
identification process and how the information solicited here will be 
used in that process.
    In fulfillment of its requirements under the Moratorium Protection 
Act, NMFS is preparing the second biennial report to Congress, which 
will identify nations whose fishing vessels are engaged in IUU fishing, 
or fishing practices that result in bycatch of PLMRs. NMFS is 
soliciting information from the public that could assist in its 
identification of nations engaged in activities that meet one or more 
of the three criteria described above for IUU fishing or one or more of 
the two criteria described above for PLMR bycatch. Information that may 
prove useful to NMFS includes:
     Documentation (photographs, etc.) of IUU activity or PLMR 
bycatch;
     Fishing vessel records;
     Reports from off-loading facilities, port-side government 
officials, enforcement agents, military personnel, port inspectors, 
transshipment vessel workers and fish importers;
     Government vessel registries;
     IUU vessel lists from RFMOs;
     RFMO catch documents and statistical document programs;
     Appropriate certification programs; and
     Reports from governments, international organizations, or 
nongovernmental organizations.
    NMFS will consider all available information, as appropriate, when 
making a determination whether or not to identify a particular nation 
in the biennial report to Congress. NMFS is particularly interested in 
information on IUU fishing activity and bycatch of PLMRs that occurred 
during 2009-2010. NMFS will consider several criteria when determining 
whether information is appropriate for use in making identifications, 
including but not limited to:
     Corroboration of information;
     Whether multiple sources have been able to provide 
information in support of an identification;
     The methodology used to collect the information;
     Specificity of the information provided;
     Susceptibility of the information to falsification and 
alteration; and
     Credibility of the individuals or organization providing 
the information.
    Information should be as specific as possible as this will assist 
NMFS in its review.

    Dated: March 1, 2010.
Rebecca Lent,
Director, Office of International Affairs, NOAA Fisheries Service.
[FR Doc. 2010-4680 Filed 3-4-10; 8:45 am]
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