80_FR_67077 80 FR 66867 - Presidential Task Force on Combating Illegal Unreported and Unregulated (IUU) Fishing and Seafood Fraud Action Plan

80 FR 66867 - Presidential Task Force on Combating Illegal Unreported and Unregulated (IUU) Fishing and Seafood Fraud Action Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 210 (October 30, 2015)

Page Range66867-66879
FR Document2015-27780

The National Ocean Council Committee on IUU Fishing and Seafood Fraud (NOC Committee) has finalized principles for determining seafood species at risk of IUU fishing and seafood fraud (at-risk species) and a list of at-risk species developed using the principles.

Federal Register, Volume 80 Issue 210 (Friday, October 30, 2015)
[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Notices]
[Pages 66867-66879]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27780]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE285


Presidential Task Force on Combating Illegal Unreported and 
Unregulated (IUU) Fishing and Seafood Fraud Action Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 66868]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of Determination.

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SUMMARY: The National Ocean Council Committee on IUU Fishing and 
Seafood Fraud (NOC Committee) has finalized principles for determining 
seafood species at risk of IUU fishing and seafood fraud (at-risk 
species) and a list of at-risk species developed using the principles.

DATES: List of principles and at-risk species is final upon October 30, 
2015.

FOR FURTHER INFORMATION CONTACT: Danielle Rioux, Office of Sustainable 
Fisheries, National Marine Fisheries Service (phone 301-427-8516, or 
email [email protected]).

SUPPLEMENTARY INFORMATION: According to NOAA statistics, in 2013, U.S. 
fishers landed 9.9 billion pounds of fish and shellfish worth $5.5 
billion. Illegal, unreported, and unregulated (IUU) fishing and seafood 
fraud undermine the sustainability of U.S. and global seafood stocks 
and negatively impact general ecosystem health. At the same time, IUU 
fishing and fraudulent seafood products distort legal markets and 
unfairly compete with the products of law-abiding fishers and seafood 
industries globally. On March 15, 2015, the Presidential Task Force on 
Combating IUU Fishing and Seafood Fraud (Task Force), co-chaired by the 
Departments of Commerce and State, took an historic step to address 
these issues and published its Action Plan for Implementing Task Force 
Recommendations (Action Plan).
The Action Plan
    (http://www.nmfs.noaa.gov/ia/iuu/noaa_taskforce_report_final.pdf) 
articulates the proactive steps that Federal agencies will take to 
implement the recommendations the Task Force made to the President in 
December 2014 on a comprehensive framework of integrated programs to 
combat IUU fishing and seafood fraud. The Action Plan identifies 
actions that will strengthen enforcement, create and expand 
partnerships with state and local governments, industry, and non-
governmental organizations, and create a risk-based traceability 
program to track seafood from harvest to entry into U.S. commerce, 
including through the use of existing traceability mechanisms. The 
scope of action anticipated through the Action Plan approaches IUU and 
fraudulently-labeled seafood at the Flag State, Port State, and Market 
State levels. The work the Task Force began continues under the 
oversight of the NOC Committee, established in April 2015.
    This final notice is one of several steps in the plan to implement 
Task Force Recommendations 14 and 15, identifying ``species of fish or 
seafood that are presently of particular concern because they are 
currently subject to significant seafood fraud or because they are at 
significant risk of being caught by IUU fishing.'' To begin 
implementing these recommendations, the NOC Committee created a Working 
Group (Working Group), led by NOAA and composed of members from partner 
agencies: Department of State, Food and Drug Administration, Department 
of Homeland Security, Customs and Border Protection, and the Office of 
the U.S. Trade Representative.
    As the first step, the NOC Committee, through the Working Group, 
solicited public input through a Federal Register notice (80 FR 24246, 
April 30, 2015) on what principles should be used to determine the 
seafood species at risk of IUU fishing or seafood fraud. Public input 
was received both in writing and through webinars. Taking into 
consideration comments received, the Working Group developed draft 
principles and a draft list of at-risk species based on those 
principles. These principles and the draft list were then published in 
a Federal Register notice (80 FR 45955, August 3, 2015) to solicit 
additional public comment. This public comment period was extended 
through Federal Register notice (80 FR 50270, August 19, 2015) until 
September 11, 2015. The Working Group considered public input received 
during the public comment period and developed final principles to 
determine seafood species at risk of IUU fishing or seafood fraud and a 
final recommended list of at risk species.
    This publication is the NOC Committee's transmission of the list of 
species at risk of IUU fishing and seafood fraud to the agencies 
charged with implementing the Task Force recommendations for 
appropriate action, as requested in the Action Plan, as well as 
notification to the public. The list does not impose any legal 
requirements, but will inform the first phase of the risk-based seafood 
traceability program, as described in the Action Plan. The traceability 
program itself will be developed through notice-and-comment rulemaking, 
pursuant to the Magnuson-Stevens Fishery Conservation and Management 
Act, and that rulemaking will address data requirements, the design of 
the program, and the species to which the first phase of the program 
will be applied. Implementation and enforcement of the traceability 
program may require engagement of additional U.S. agencies.

Principles for Determining Species at Risk of IUU Fishing and Seafood 
Fraud

    To develop principles, the Working Group considered public comments 
received through both public comment periods. The Working Group 
evaluated the strength and utility of various principles as indicators 
for potential risk of IUU fishing or seafood fraud as well as their 
measurability and the robustness of data available to assess them. The 
Working Group minimized overlap of principles to ensure that a species' 
alignment with several principles does not overstate associated risk, 
and also to distinguish between risk of IUU fishing and risk of seafood 
fraud. The Working Group then applied the principles to a base list of 
species to develop the list of species at risk of IUU fishing or 
seafood fraud.
    Based on the Working Group's evaluation and synthesis of comments 
received through both public comment periods, the final principles are 
listed below. Species and species groups were evaluated using these 
principles:
     Enforcement Capability: The existence and effectiveness of 
enforcement capability of the United States and other countries, which 
includes both the existing legal authority to enforce fisheries 
management laws and regulations and the capacity (e.g., resources, 
infrastructure, etc.) to enforce those laws and regulations throughout 
the geographic range of fishing activity for a species.
     Catch Documentation Scheme: The existence of a catch 
documentation scheme throughout the geographic range of fishing 
activity for a species, and the effectiveness of that scheme if it 
exists, including whether a lack of proper documentation leads to 
discrepancies between total allowable catch and trade volume of a 
species.
     Complexity of the Chain of Custody and Processing: 
Consideration of transparency of chain-of-custody for a species, such 
as the level of transshipment (in this context, the transfer of fish 
from one vessel to another, either at sea or in port) for a species, as 
well as the complexity of the supply chain and extent of processing 
(e.g., fish that goes across multiple country borders or fish that is 
commonly exported for processing or that is sold as fillet block vs. 
whole fish) as it pertains to comingling of species or catch.
     Species Misrepresentation: The history of known 
misrepresentation of a species related to substitution with

[[Page 66869]]

another species, focused on mislabeling or other forms of 
misrepresentation of seafood products.
     Mislabeling or Other Misrepresentation: The history of 
known misrepresentation of information other than mislabeling related 
to species identification (e.g., customs misclassification or 
misrepresentation related to country of origin, whether product is wild 
vs. aquaculture, or product weight).
     History of Violations: The history of violations of 
fisheries laws and regulations in the United States and abroad for a 
species, particularly those related to IUU fishing.
     Human Health Risks: History of mislabeling, other forms of 
misrepresentation, or species substitution leading to human health 
concerns for consumers, including in particular, incidents when 
misrepresentation of product introduced human health concerns due to 
different production, harvest or handling standards, or when higher 
levels of harmful pathogens or other toxins were introduced directly 
from the substituted species.

Application of Principles

    Given the large number of seafood species that are domestically 
landed or imported, the Working Group created a base list of species 
for evaluation using several factors: (1) The value of domestic 
landings and imports (all seafood species with an imported or 
domestically-landed value over $100 million USD in 2014 were included 
on the base list); (2) species identified by the Working Group due to a 
high cost of product per pound (which could increase the incentive for 
IUU fishing and fraud); and (3) species proposed based on the expertise 
of representatives from the Working Group agencies. In some cases, the 
Working Group combined related species together in its analysis (e.g., 
shrimp), because the supporting data utilized nomenclature which made 
further analytical breakouts unworkable. In other cases, the working 
group was able to target species within larger species groups (e.g. red 
snapper), based on commercial and marketplace significance.
    The Working Group determined that data from the past five years was 
the appropriate timeframe for decision-making because a longer 
timeframe might not reflect improvements that have been made in some 
fisheries over time and a shorter timeframe might not include 
sufficient data to identify risks to certain species.
    The resulting list of species and groups analyzed by applying the 
principles listed above is set forth below. Note that this list is not 
the list of at-risk species to which the first phase of the 
traceability program will be applied:
    Abalone; Billfish (Marlins, Spearfishes, and Sailfishes); Catfish 
(Ictaluridae); Cod, Atlantic; Cod, Pacific; Crab, Blue; Crab, 
Dungeness; Crab, King; Crab, Snow; Dolphinfish (Mahi Mahi); Oyster; 
Grouper; Haddock; Halibut, Atlantic; Halibut, Pacific; Lake or Yellow 
Perch; Lobster; Mackerel; Menhaden; Opah; Orange Roughy; Red Drum; Red 
Snapper; Sablefish; Salmon, Atlantic; Salmon, Chinook; Salmon, Chum; 
Salmon, Coho; Salmon, Pink; Salmon, Sockeye; Scallop; Sea bass; Sea 
cucumber; Shrimp; Sharks; Sole; Squid; Sturgeon caviar; Swordfish; 
Tilapia; Toothfish; Tunas (Albacore, Bigeye, Bluefin, Skipjack, 
Yellowfin); Wahoo; Walleye (Alaskan) Pollock; Pacific Whiting.
    Based on public comments received on the draft list of at-risk 
species, the following eight additional species/species groups were 
also analyzed according to the principles described above: Anchovies; 
Eels; Flounder (Southern and Summer); Octopus; Queen Conch; Weakfish; 
Skates and Rays.
    Both imported and domestically-landed species were evaluated using 
the same principles, data sources and methodology, as described below. 
Principles were not weighted and were evaluated evenly. Additionally, 
the Working Group considered the interaction of principles to be 
important. For example, the interaction between the enforcement 
capability, and history of violations was important when evaluating 
species. The presence or absence of one principle (e.g., catch 
documentation scheme) was not determinative in making the at-risk 
assessment.
    The following Federal agency offices contributed to the analysis of 
the list of species: the Office of Marine Conservation, Bureau of 
Oceans and International Environmental Affairs, Department of State; 
Office of the Under Secretary for Economic Growth, Energy, and 
Environment, Department of State; Office of International Affairs and 
Seafood Inspection, National Marine Fisheries Service, NOAA, Department 
of Commerce; Office of Sustainable Fisheries, National Marine Fisheries 
Service, NOAA, Department of Commerce; Office of Science and 
Technology, National Marine Fisheries Service, NOAA, Department of 
Commerce; Office of Law Enforcement, National Marine Fisheries Service, 
NOAA, Department of Commerce; Office of General Counsel, Enforcement 
Section, NOAA, Department of Commerce; and Office of General Counsel, 
Fisheries and Protected Resources Section, NOAA, Department of 
Commerce; U.S. Customs and Border Protection; U.S. Department of 
Homeland Security; Division of Seafood, Office of Food Safety, Food and 
Drug Administration; Office of Analytics and Outreach, Food and Drug 
Administration; Office of Compliance, Food and Drug Administration; 
Office of Environment and Natural Resources, U.S. Trade Representative; 
Office of General Counsel, U.S. Trade Representative. Resources from 
these offices, including data and expertise, drove the analysis and 
application of principles. Additional information used was from U.S. 
government-verifiable sources, such as data gathered by Regional 
Fisheries Management Organizations to which the United States is a 
member and whose scientific data is developed and reviewed with active 
U.S. government participation.
    Sub-working groups composed of subject matter experts from the 
agencies listed above were created to complete the analyses of each 
species under each individual principle. The Working Group then 
combined the analyses done by the sub-working groups to determine which 
species were most at risk of IUU fishing and seafood fraud. The Working 
Group noted that the suite of risks posed to species varied not only in 
terms of which risks affected which species, but also in terms of the 
scale of the risks. For example, a single documented case of species 
substitution for a species that is sold in high volumes was considered 
differently than one case for a species rarely found in U.S. markets.
    Additionally, as the Working Group discussed the suite of risks 
associated with the principles, a relationship became evident between 
the enforcement capability associated with a species and the history of 
violations. In many cases, a history of violations was indicative of a 
strong enforcement capability for a species. Conversely, for some 
species, a lack of violations history may have been due to an in-
ability to detect or prosecute violations.
    After the second round of public comment, the Working Group 
reconvened to discuss the eight new species or species groups added to 
the analysis in response to public comments plus new, relevant, U.S. 
government-verifiable information from the past five years applicable 
to species already analyzed. Based upon these discussions, the list of 
species now deemed to be at risk of IUU fishing and seafood fraud has 
been modified from the draft list.

[[Page 66870]]

Species at Risk of IUU Fishing and Seafood Fraud

    The Working Group recognizes that all species of fish can be 
susceptible to some risk of IUU fishing or seafood fraud due to the 
inherent complexities in the fishing industry and supply chain. 
However, the species list has been developed to identify species for 
which the current risks of IUU fishing or seafood fraud warrant 
prioritization for the first phase of the traceability program. 
Pursuant to the Action Plan, implementation of the first phase of the 
traceability program will be regularly evaluated, beginning with a 
report to be issued by December 2016, in order to determine ``whether 
it is meeting the intended objectives and how it can be expanded to 
provide more information to prevent seafood fraud and combat IUU 
fishing.''
    Based on its evaluation, the Working Group identified the following 
list of species or species groups at risk of IUU fishing and seafood 
fraud, in alphabetical order. (Appendix A to this final notice lists 
the scientific names for these species and/or species groups.) Brief 
summaries of the Working Group findings are presented here. Detailed 
presentation of the data considered by the Working Group and its 
deliberations is protected from disclosure because of data 
confidentiality and enforcement implications.
    Abalone: Abalone is considered to be at-risk due to enforcement 
concerns. The fishery has a history of poaching, and there is a known 
black market for this expensive seafood. The fishery is primarily 
conducted by small vessels close to shore, and does not require 
specialized gear, which makes it difficult to detect illegal harvest, 
despite some enforcement capability. In addition to the IUU fishing 
risks for abalone, there is a history of species substitution where 
topshell is fraudulently marketed as abalone.
    Atlantic Cod: Atlantic cod has been the subject of species 
substitution with other white fish, and mislabeling due to over-glazing 
(ice coating), and short-weighting. Despite enforcement capability, 
Atlantic Cod have been targets of IUU fishing in parts of the 
geographic range of the species. Additional IUU fishing risk is tied to 
a lack of an effective catch documentation scheme throughout the 
geographic range of fishing activity, despite rigorous reporting 
requirements in some areas including the United States.
    Blue Crab: Atlantic Blue crab is sold in a number of different 
forms from live animals to significantly processed crab meat. In the 
crabmeat product form species identification is only possible through 
DNA testing. There is a strong history of both species substitution and 
mislabeling. Blue crab has been substituted or co-mingled with swimming 
crab, which is native to Southeast Asia. The mislabeling history is 
largely associated with misidentification of product origin, with crab 
from other locations sold as ``Maryland crab,'' although there have 
also been incidents of short-weighting in the sale of crab meat.
    Dolphinfish: Dolphinfish (also known as Mahi Mahi) is associated 
with a lack of enforcement capability and lacks a catch documentation 
scheme throughout the geographic range of fishing activity, which make 
it vulnerable to IUU fishing. Some dolphinfish is transshipped prior to 
entry into the United States, and there is concern over mislabeling 
associated with product origin. In addition, there is a history of 
species substitution, in which yellowtail flounder has been sold as 
dolphinfish.
    Grouper: Grouper refers to a group of species in the family 
Serranidae that are legally fished and sold under the names grouper and 
spotted grouper. Grouper, as a species group, has a history of 
fisheries violations, and lacks a catch documentation scheme throughout 
the geographic range of fishing activity for the species group. 
Additionally, this global species is transshipped, and processed both 
at the local level and at regionally-located or third-country 
processing plants. Grouper has a strong history of species 
substitution, including substitution using seafood that is of human 
health concern, such as escolar (which has a Gempylotoxin hazard).
    King Crab (red): King crab (red) has a significant history of 
fisheries violations, and insufficient enforcement capability in some 
parts of the world. Additional IUU fishing risk is tied to the lack of 
an effective catch documentation scheme throughout the geographic range 
of fishing activity, despite rigorous reporting requirements in some 
areas, including the United States. King crab is at risk of seafood 
fraud, mostly due to misrepresentation of product origin, as well as 
some species substitution. Further, King crab is often transshipped 
before entering the United States, which increases the IUU fishing and 
seafood fraud risks.
    Pacific cod: Pacific cod is a species at risk of IUU fishing 
despite significant enforcement capability associated with this 
fishery. Pacific cod is a target of global IUU fishing operators and 
has a clear history of fishing violations. It is also subject to highly 
globalized processing and transshipment. Additional IUU fishing risk is 
tied to a lack of an effective catch documentation scheme throughout 
the geographic range of fishing activity, despite rigorous reporting 
requirements in some areas including the United States. In addition, as 
with Atlantic cod, there is a history of species substitution using 
other white fish and concerns over mislabeling associated with over-
glazing (ice coating) and short-weighting.
    Red Snapper: Red Snapper is at risk of IUU fishing, based upon the 
history of fisheries violations, as well as the lack of a catch 
documentation scheme throughout the geographic range of fishing 
activity, despite rigorous reporting requirements in some areas 
including the United States. There are also enforcement capability 
concerns for red snapper throughout the full geographic range of 
fishing activity for the species. Additionally, there is a strong 
history of species substitution with some of the substituted species 
(e.g., rockfish, porgy, other snappers) presenting a risk to human 
health due to parasites and natural toxins.
    Sea Cucumber: Sea cucumber is an IUU fishing concern, due to the 
lack of enforcement capability and known illegal harvesting and 
smuggling associated with this species. This species also lacks a catch 
documentation scheme throughout the geographic range of fishing 
activity and is subject to a significant amount of transshipment. 
Although sea cucumber is often sold live, it can also be processed into 
a dried product for preservation. There are mislabeling concerns for 
sea cucumber, often tied to falsification of shipping and export 
documentation to conceal illegally-harvested product.
    Sharks: ``Sharks,'' as included on the at-risk species list, refers 
to a group of species that are often sold as fins, with some species 
also sold as steaks or filets. Depending upon the product form, 
differentiating between species in this broad group is a challenge 
without identification guides or DNA testing. This led the Working 
Group to group all shark species together to assess risks. Sharks as a 
species group have a history of fishing violations because they are 
processed and transshipped, and there is a lack of enforcement 
capability throughout the geographic range of fishing activity. There 
is a global trade in shark fins that is a known enforcement concern. In 
addition to the IUU fishing risks associated with sharks, there are 
fraud concerns tied to the sale of imitation shark fin, which has been 
labeled as shark fin.

[[Page 66871]]

    Shrimp: Shrimp is produced through both aquaculture and wild 
harvest. The Working Group found that shrimp is at risk of IUU fishing 
activity due to the history of fishery violations. Shrimp is also often 
processed and co-mingled, which can make it vulnerable to seafood 
fraud. There is a significant amount of mislabeling and/or 
misrepresentation of shrimp, tied largely to misrepresentation of 
weight, including where product has been treated with Sodium 
Tripolyphosphate to increase water retention (the lack of labeling is 
fraudulent, not the use of Sodium Tripolyphosphate). Mislabeling is 
also a concern because aquacultured product is sometimes labeled as 
wild caught and product origin is sometimes falsified. Additionally, 
there is a history of substitution of one species of shrimp for another 
when imports cross the border into the United States.
    Swordfish: Swordfish are at risk of both IUU fishing and seafood 
fraud. Swordfish are a highly migratory species and their range crosses 
numerous jurisdictions, including the high seas. There is a history of 
fisheries violations in certain swordfish fisheries and regions, in 
addition to a lack of enforcement capability. The United States does, 
however, implement a statistical document program for swordfish 
pursuant to the International Commission for the Conservation of 
Atlantic Tunas (ICCAT) to help mitigate IUU fishing and seafood fraud 
risk. This document is required for all swordfish product entering the 
United States, regardless of the product form or ocean area where it 
was harvested, although it does not provide the full range of 
information that would likely be expected in a traceability program, 
particularly for fish harvested outside the Atlantic, which are not a 
part of the program. Swordfish is commonly transshipped and is also at 
risk of species substitution with mako shark.
    Tunas: Tunas are a high volume and high value species group that 
includes five main species: Albacore, bigeye, skipjack, yellowfin, and 
the bluefins. There is a history of fisheries violations in certain 
tuna fisheries and in certain regions. Further, harvesting, 
transshipment, and trade patterns for tunas can be complex, in 
particular for certain value-added products. While there are 
multilateral management and reporting measures in place for many stocks 
within the tuna species group, these management and reporting 
mechanisms vary in terms of information standards and requirements and 
some do not provide a complete catch documentation scheme. Tunas are 
also subject to complicated processing that includes comingling of 
species and transshipments. Further, there is a history of some species 
substitutions, with most instances involving substitution of one tuna 
species for another. Additionally, there have also been instances of 
escolar, which can contain a toxin, being substituted for albacore 
tuna.
    The Working Group sought public comment specifically on how to 
narrow the scope of tunas on the list of at-risk species. Public 
comment received highlighted that the risk levels vary greatly 
depending on species. The Working Group further discussed the 
variability of the risk levels for IUU fishing and seafood fraud on a 
species by species basis. The Working Group has determined that Bluefin 
tuna species are at a lower risk of IUU fishing and seafood fraud than 
other tuna species and has determined that it should not be included on 
the list of at-risk species. This decision reflects our conclusion that 
two of the principles analyzed demonstrate that there is a lower risk 
of IUU and seafood fraud as compared to other tunas. First, there are 
robust catch documentation scheme in place for Atlantic bluefin tuna 
and Southern bluefin tuna entering the U.S. market, which are 
implemented through Regional Fisheries Management Organizations. 
Bluefin tuna was historically a target of IUU fishing and thus had a 
catch documentation scheme implemented for two of the three species 
world-wide, which are the two species comprising the vast majority of 
Bluefin that enters U.S. Commerce. A catch documentation scheme is 
under development for Pacific Bluefin tuna. The existing catch 
documentation scheme for Bluefin tuna does not eliminate all risk of 
IUU fishing, but it mitigates the risk to a low level. Second, Bluefin 
tuna does not have the history of species substitution that other tunas 
have, in part because of its different color and texture compared to 
other tunas, as well as the sophistication of Bluefin buyers, in 
discerning Bluefin from other fish. Although the Working Group 
recognizes that there may be further variance in risk level among the 
three Bluefin species, we have chosen to remove all three stocks, so as 
not to create any incentive for new species substitution schemes among 
the three Bluefin species.

Programs To Mitigate Risk

    Through the application of the principles for determining at-risk 
species, the Working Group identified two species--toothfish and 
catfish--that had a number of risk factors for IUU fishing or seafood 
fraud but, due to mechanisms to address those risks, are not being 
listed as at-risk species in this Notice.
    Toothfish has been known, historically, as a species with IUU 
fishing concerns, which led to the development, by the Commission for 
the Conservation of Antarctic Marine Living Resources (CCAMLR), of a 
number of monitoring tools including a comprehensive catch 
documentation scheme. Without the existing level of reporting, 
documentation, and enforcement capability, including through measures 
adopted by CCAMLR, for this species, the Working Group would have found 
it to be at-risk.
    The Working Group found that while existing measures do not 
eliminate risk for toothfish, they mitigate the IUU fishing and seafood 
fraud risks to such a level that the Working Group is not listing 
toothfish as an at-risk species for the first phase of the traceability 
program.
    In the United States, seafood sold as catfish must be from the 
family Ictaluridae per section 403(t) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343(t)). There is a strong history of species 
substitution, in which non-Ictaluridae species are sold as catfish. 
Some of this species substitution has been tied to Siluriformes 
species, which could have a drug hazard associated with them, as well 
as other species that have been found contaminated with prohibited 
chemicals and pharmaceuticals. In addition to species substitution, 
there is a history of other mislabeling issues, including product 
origin and failure to accurately label product that has been treated 
with carbon monoxide.
    These risks were discussed and are fully recognized by the Working 
Group. However, there is a rulemaking on catfish inspection (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201410&RIN=0583-AD36) 
under development, separate from the NOC Committee and Working Group 
actions. Once in effect, this pending rulemaking may mitigate risks 
identified by the Working Group. Taking into consideration the 
underlying principle of the Task Force to maximize the use of existing 
resources and expertise from across the federal government through 
increased federal agency collaboration, the Working Group did not 
include catfish on this initial list of at-risk species.

[[Page 66872]]

Summary of Comments in Response to Draft Principles and Draft List of 
At-Risk Species (80 FR 45955, August 3, 2015)

    In response to the August 3, 2015, Federal Register notice 
(described above), and following outreach to foreign nations, the 
Working Group received 101 unique written comments from fishing 
industry groups both domestic and abroad, non-governmental 
organizations, foreign nations, and interested citizens. The comments 
covered a breadth of issues pertaining to seafood traceability. The 
Working Group considered all public comments, and has provided 
responses to all relevant issues raised by comments below. We have not 
responded to comments that were outside the scope of the public comment 
request and that may be more relevant to future steps in the process, 
e.g., the pending rulemaking on the design and implementation of the 
traceability system.

1. Decision-making Transparency

    Comment: The Working Group received numerous public comments 
requesting additional information on what data was used in making the 
species risk determinations, as well as what experts were a part of the 
process.
    Response: This notice specifies all government offices that 
contributed data and expertise. The data came from across the U.S. 
Federal government and included government-verifiable data, such as 
that of certain Regional Fisheries Management Organizations. As noted 
earlier, details of the results have not been included because much of 
the data reviewed are sensitive and/or confidential, and could 
compromise the integrity of individual businesses, systems or 
enforcement capability if released.

2. Approach for Analysis Should Be Quantitative

    Comment: We received comment that the application of principles 
should be quantitative, and use numbers and a systematic data driven 
approach.
    Response: The Working Group partially agrees. We used systems and 
expertise to apply the principles for determining seafood species at-
risk of IUU fishing or seafood fraud evenly, and did not give any 
individual principle more weight than another. The application of these 
principles was not entirely quantitative, however, as some of the 
information we used was not quantitative. Incidents of illegal fishing 
and incidents of fraudulent activity vary in scope and scale from one 
to the next and the differences cannot be numerically calculated.

3. Data Used Should Be From a Longer Time Period

    Comment: The Working Group received public comment that a longer 
time horizon would afford more data on violations and more ability to 
see trends over time.
    Response: The Working Group agrees that looking at a longer time 
horizon would produce more data from the databases utilized; however it 
would potentially decrease the accuracy of the determination regarding 
current risk. There have been efforts made in most fisheries to 
decrease the level of risk, and the Working Group does not think that 
data from further back than five years accurately depicts the current 
status of fisheries.

4. Using Additional Authorities

    Comment: Comment was received regarding the legal authorities for 
the rulemaking and regulatory process that will implement a seafood 
traceability program for the species listed as at-risk.
    Response: This comment is outside the scope of this public comment 
request. The rulemaking process will provide an opportunity for public 
comment on the proposed seafood traceability program and this comment 
would be more appropriately directed toward that process.

5. Country Specific Risk/Country of Origin Based

    Comment: The Working Group received numerous comments, including 
from many foreign nations that species risk should be tied to country 
of origin.
    Response: The Working Group acknowledges that the risk of IUU 
fishing will vary depending on the origin of catch and country of 
processing. However, the Working Group used enforcement capability and 
history of fisheries violations when determining the at-risk species to 
capture this element of the risk analysis because these more directly 
represent risk. These principles already take into account fisheries 
identified in NOAA's biennial report to Congress as implicated in IUU 
fishing (see 16 U.S.C. 1826h). In addition, the Working Group does not 
believe it is useful or appropriate to establish a principle based on 
country of origin.

6. Vessel Specific

    Comment: The Working Group received a comment that the risk level 
and the application of the traceability program should be vessel 
specific, as that is the appropriate level at which to assess risk.
    Response: The Working Group used history of fisheries violations as 
a principle, which covers incidents from all vessels.

7. Equality

    Comment: Numerous comments were received regarding equality. The 
majority of the comments received were tied to equality from one nation 
to another. These comments included requests that countries be treated 
equally in the analysis for identifying at-risk species, as well as 
comments outside of the scope of this comment request, pertaining to 
the equal and evenhanded implementation of the pending traceability 
program.
    Response: The Working Group applied each of the principles for 
determining risk level evenly and equally. The principles were applied 
equally to domestically-landed species and imported species.

8. IUU Fishing Should Be Separate From Seafood Fraud

    Comment: The working group received a couple of comments that 
seafood fraud and IUU fishing are separate and should be analyzed as 
such.
    Response: The Working Group agrees and recognizes the difference 
between IUU fishing and seafood fraud. We recognize that, for example, 
they may occur at different points in the supply chain from harvest to 
entry into U.S. commerce; however the Working Group believes they are a 
part of the same system. The Working Group developed principles, 
informed by public comment, which are specific to the different 
components. For example, under the principles applied by the Working 
Group, the history of fishery violations is specific to the concept of 
IUU fishing, whereas species misrepresentation is specific to seafood 
fraud. When analyzing a species, the Working Group applied each 
principle individually and then analyzed the resulting findings across 
the supply chain for both IUU fishing and seafood fraud.

9. Enforcement of Existing Laws

    Comment: Public comment encouraged the enforcement and application 
of existing laws before creating new laws.
    Response: This notice, which identifies at-risk species, does not, 
in and of itself, create any new legal requirements. Establishment of 
the seafood traceability program through a future rulemaking, as well 
as the resources devoted to implementation of

[[Page 66873]]

current laws, are outside the scope of this comment request.

10. Combatting IUU Fishing Requires Focus on Flag State, Port State, 
and Market State

    Comment: The Working Group received comment that proposing a list 
of at-risk species and the following implementation of a seafood 
traceability program focuses solely on the market drivers of IUU 
fishing and seafood fraud, and does not approach Flag State and Port 
State measures. The commenter stated that all three are critical 
components to combatting IUU fishing and seafood fraud, and that a 
narrow focus would limit effectiveness.
    Response: The Presidential Task Force on Combatting IUU Fishing and 
Seafood Fraud Action Plan contains 15 recommendations. This series of 
Federal Register notices pertained only to one component of 
recommendation 15, the identification of principles for determining at-
risk species and the initial list of at-risk species. Other Task Force 
recommendations focus on Flag State and Port State measures, from 
actions on enforcement capacity building to working on obtaining entry 
into force of the Port State Measures Agreement.

11. Biological Vulnerability/Overfished/Overfishing Should Be a 
Principle

    Comment: The Working Group received comments requesting that a 
principle for determining at-risk species be tied to the biological 
vulnerability and/or status of a species. Commenters note that as a 
species is overfished, the risk of IUU fishing can increase.
    Response: The Working Group acknowledges that the sustainability of 
fisheries resources is a priority for NOAA under the Magnuson-Stevens 
Fishery Conservation and Management Act (MSA), 16 U.S.C. 1801 et seq. 
Some vulnerable species identified in public comments such as sharks, 
sturgeon caviar, and abalone were added to the base list and analyzed 
by the Working Group. The Working Group agrees that as legal catch 
limits on a species are tightened, the incentive for IUU fishing often 
increases. However, the main focus of this process is to identify 
species at risk of IUU fishing or seafood fraud and enforcement 
capability and history of violations are better indicators of IUU 
fishing risk than species sustainability.

12. Gear-Type

    Comment: The Working Group received a comment that the risk of IUU 
fishing is tied to gear type, and that gear type should be a principle 
for determining at-risk species.
    Response: The Working Group acknowledges that fishing gear used in 
IUU fishing can sometimes include illegal gear types that are 
indiscriminate and can have higher environmental impacts than legal 
gear types. However, the Working Group does not believe that gear type 
alone is a sufficiently strong determinant of IUU fishing or seafood 
fraud risk, and use of illegal gear types was covered through the 
information collected on enforcement capability and history of 
violations.

13. Human Rights and/or Human Trafficking Concern

    Comment: Numerous comments were received recommending that a 
history of human rights violations or human trafficking concerns should 
be a principle used to identify species at risk of IUU fishing and 
seafood fraud.
    Response: Human rights and human trafficking are issues in the 
fishing industry that warrant consideration and action, but are not in 
and of themselves determinative of IUU fishing and seafood fraud. The 
Administration is addressing these issues in a variety of ways. On 
March 15, 2012, President Obama called on his cabinet to strengthen 
federal efforts to combat human trafficking and to expand partnerships 
with civil society and the private sector. The President's Interagency 
Task Force to Monitor and Combat Trafficking in Persons (PITF) and its 
operational arm, the Senior Policy Operating Group (SPOG), bring 
together federal departments and agencies to ensure a whole-of-
government approach that addresses all aspects of human trafficking--
enforcement of criminal and labor laws, development of victim 
identification and protection measures, support for innovations in data 
gathering and research, education and public awareness, enhanced 
partnerships and research opportunities, and strategically linked 
foreign assistance and diplomatic engagement. For more information on 
the Administration's effort to combat Trafficking of Persons, please 
visit http://www.state.gov/j/tip/response/usg/ response/usg/.

14. Transparency of Vessel Ownership

    Comment: The Working Group received comment recommending that the 
transparency of vessel ownership be used as a principle for determining 
species at risk of IUU fishing and seafood fraud. The comment suggests 
that convoluted vessel ownership and flags of convenience are often 
tied to IUU fishing.
    Response: The Working Group agrees with the potential correlation 
between vessel ownership transparency and the potential for IUU 
fishing. This was addressed in the Working Group's discussions about 
enforcement capability; however there is not sufficient data available 
to analyze this as a principle for determining at-risk species.

15. Complex Chain of Custody

    Comment: The Working Group received multiple comments on using the 
complexity of the chain of custody as a principle for determining IUU 
fishing risk. Many commenters agreed with the inclusion of this as a 
principle, while another group suggested there was no connection 
between IUU fishing and chain-of-custody complexity. The latter group 
requested more information on the relationship between the level of 
processing or chain-of-custody complexity and the risk of IUU fishing. 
We also received public comment stating that the two are not related, 
and thus this principle should not be used to determine at-risk 
species.
    Response: The Working Group does not believe that a complex chain 
of custody or high level of processing necessarily signifies fraudulent 
product or a connection to IUU fishing. In the more complex chains of 
custody, however, there are more opportunities for mixing illegally 
caught fish with legally caught fish, and for mislabeling, thereby 
increasing the risk of IUU fishing or seafood fraud. Transshipments 
make tracking the chain of custody harder and present opportunities to 
commingle legally and illegally caught fish. Seafood that undergoes a 
high amount of processing and enters U.S. Commerce through a long chain 
of custody may often be legal and not fraudulent, but that does not 
negate the increased risk. Therefore, the Working Group had retained 
complexity in the chain of custody as a principle for determining at-
risk species.

16. Harmful Antibiotics and Human Health Risk

    Comment: The Working Group received comment requesting that in the 
application of the human health risk principle, we extend our 
assessment of risk to harmful antibiotic use.
    Response: The application of the human health risk principle did 
include the use of harmful or unlawful antibiotic use. This principle 
does not, however, include the use of legal and non-harmful antibiotic 
use in aquaculture practice.

[[Page 66874]]

17. Weighting of Principles

    Comment: The Working Group received public comment both requesting 
clarification on whether we weighted some principles more heavily than 
others, as well as comment requesting that we do so.
    Response: The Working Group considered all of the principles 
without giving weights to them. The discussion for each species 
evaluated covered all of the principles and the findings associated for 
each, and the Working Group reviewed the suite of risks as a whole 
picture, without any one principle having a designated higher level of 
importance.

18. Number of Species

    Comment: The Working Group received comments requesting both that 
all species be part of the first phase of the pending traceability 
program as well as comments requesting that the list of at-risk species 
be limited to two to three species.
    Response: The Action Plan specifies that the Working Group is to 
prioritize species at risk of IUU fishing and seafood fraud in the 
first phase of a seafood traceability program that could eventually be 
expanded to cover all species. As directed by the Task Force, the 
Working Group completed a data driven analysis and listed species 
determined to be most at risk of IUU fishing or seafood fraud. This 
exercise was not predicated on creating a list with a certain number of 
species, rather the focus was on the most at-species, regardless of the 
numerical results.

19. The Substitute Species Should Be Tracked (e.g., Blue Swimming Crab)

    Comment: Public comment received recommended that the traceability 
program track both the at-risk species and the species that are 
substitutes for those targets. For example, Atlantic Blue Crab is on 
the list of at-risk species, in part because Blue Swimmer Crab is known 
to be mislabeled and fraudulently marketed under the Atlantic Blue Crab 
name. The recommendation from public comment is that both are at-risk 
of seafood fraud and, therefore, both the target and the substitute 
should be tracked.
    Response: The Working Group believes that the species at risk of 
fraud is the one that other species are used to imitate and that, at 
this time, tracking of the target species is the most efficient 
approach.

20. Aquaculture Species

    Comment: Commenters requested that aquaculture species be exempt 
from the pending traceability program, and removed from the list of at-
risk species because aquacultured species are not subject to IUU 
fishing.
    Response: Both wild caught and aquacultured seafood can be at risk 
of seafood fraud (e.g., farmed shrimp mislabeled as wild-caught) and 
therefore both are included on the list of at-risk species.

21. Consistency and Coordination With the Marine Mammal Rule

    Comment: Public comment was received regarding the relationship 
between this list of at-risk species, the pending seafood traceability 
program, and the proposed rulemaking promulgated under the Marine 
Mammal Protection Act (MMPA). The proposed MMPA rule aims to reduce 
marine mammal bycatch associated with commercial fishing operations. 
Under the proposed MMPA rule, nations wishing to export fish and fish 
products to the United States must demonstrate they have a regulatory 
program for reducing marine mammal incidental mortality and serious 
injury that is comparable in effectiveness to the U.S. program.
    Response: The MMPA proposed rulemaking is focused on reducing 
marine mammal bycatch, unlike this Federal Register Notice, which 
identifies species at risk of IUU fishing and seafood fraud. However, 
NOAA recognizes the importance of ensuring that its programs are 
consistent and coordinated.

22. ``High Volume,'' ``High Visibility''

    Comment: A commenter requested clarification regarding the meaning 
of the terms ``high volume'' and ``high visibility'' species when 
referring to tunas, in the Federal Register notice with the draft list 
of at-risk species.
    Response: In using those terms, the Working Group was trying to 
highlight that this is a popular group of species in the U.S. market. 
Tuna is a high volume import, and the text should have read that is it 
also a ``high value'' species.

23. Use Scientific Names

    Comment: The Working Group received numerous comments requesting 
that scientific names be used to in the list of at-risk species, for 
greater clarity.
    Response: The Working Group agrees with this comment, and has 
included an appendix of the scientific names for the at-risk species.

24. Government Resources

    Comment: Comments were received recommending that the U.S. 
government contribute adequate resources both domestically and in 
capacity building abroad to implement the pending traceability program 
effectively. A separate comment was also received stating that no 
additional government resources should be spent on implementing the 
pending program.
    Response: Implementation of the seafood traceability program is 
outside the scope of this Federal Register Notice, however, the Working 
Group notes that the Action Plan does not call for additional 
government resources for this effort.

25. United Nations Food and Agricultural Organization (FAO) Catch 
Documentation Scheme

    Comment: The Working Group received comment that FAO has begun 
discussions about implementing a catch documentation scheme and that we 
should use their deliberations to inform our pending program.
    Response: The traceability program as outlined in the Action Plan 
is to be in at least two parts. The first phase applies to species most 
at risk of IUU fishing and seafood fraud and, by December 2016, an 
evaluation of the program will be conducted to inform a possible 
program expansion to all species. The FAO deliberations, if 
contemporary to the predetermined timeline for the U.S. program, could 
prove useful, as could additional work being contemplated by the FAO 
related specifically to traceability.

26. Existing Efforts To Combat IUU Fishing and Seafood Fraud

    Comment: The public comment highlighted the importance of not 
duplicating efforts of existing programs and enforcement that target 
IUU fishing and seafood fraud.
    Response: The Working Group agrees, and the Presidential Task Force 
to Combat IUU Fishing and Seafood Fraud and the Action Plan both 
support the idea of coordination, not duplication.

27. Third Party Certification

    Comment: The Working Group received public comment requesting 
clarification on whether third party certification (e.g., Marine 
Stewardship Council) would exempt product from the pending seafood 
traceability program. Comment was also received recommending that 
product should be exempt if it is certified by a third party.
    Response: Implementation of the traceability program, including any 
potential exemptions, is beyond the mandate of the Working Group and 
outside the scope of this Federal Register Notice. It will be addressed 
in

[[Page 66875]]

the forthcoming rulemaking related to the traceability program.

28. Fraud in the United States

    Comment: The Working Group received comments on the level of fraud 
that happens with seafood inside U.S. commerce, once seafood has 
entered into our markets. Comments requested information on how the 
pending traceability program will address the amount of fraud that 
happens once seafood is inside U.S. markets.
    Response: The scope of the traceability program is beyond the 
mandate of the Working Group and outside the scope of this Federal 
Register Notice. It will be addressed in the forthcoming rulemaking 
related to the traceability program.

29. Chain of Custody Principle Discriminates Against Imports

    Comment: One commenter noted that using complex chain of custody as 
a principle will discriminate against imports.
    Response: The Working Group disagrees. The Working Group considered 
the frequency of transshipment, complexity of processing, and 
complexity of the supply chain (especially with respect to the 
potential for fish to be comingled) equally for domestically-harvested 
and imported fish.

30. Carbon Monoxide

    Comment: One comment was received concerning the use of carbon 
monoxide to improve the color of fish to make it appear fresh. The 
commenter was concerned that this practice creates an unfair market for 
local seafood that is fresh and untreated with carbon monoxide. Another 
commenter was concerned about our inclusion of carbon monoxide as an 
example of fraud, as it is legal to use.
    Response: The Working Group recognizes the concerns raised by these 
comments. The use of carbon monoxide is legal; however, the product 
must be labeled appropriately. The mislabeling principle addressed the 
fraudulent practice of failing to properly label product that has been 
treated.

31. Tripolyphosphate

    Comment: The Working Group received a comment that expressed 
concern about our inclusion of Tripolyphosphate as an example of fraud 
associated with shrimp, as it is legal to use.
    Response: The Working Group recognizes the concerns raised by these 
comments. The use of Tripolyphosphate is legal; however, the product 
must be labeled appropriately. The mislabeling principle addressed the 
fraudulent practice of failing to properly label product that has been 
treated.

Canned Tuna

    Comment: Public comments noted that the majority of tuna in the 
United States is from canning companies that have industry-run 
traceability programs for contamination and human health reasons and 
thus have a lower level of IUU fishing and fraud risk.
    Response: The Working Group agrees that some canned tuna may have a 
lower level of IUU fishing and seafood fraud risk than other product 
forms. This is based both upon the existence and potential 
effectiveness of industry led traceability programs for canned tuna, 
and the fact that canned product that enters U.S. commerce as ``dolphin 
safe,'' is required to have a statement from the captain of the harvest 
vessel thus tying the product to the harvest vessel. The Working Group 
notes that the potentially lower level of risk for canned tuna products 
could be considered in the application of the data collections 
requirements of the forthcoming proposed traceability program or be 
addressed through the voluntary Trusted Trader Program to be developed 
by the Departments of Commerce and Homeland Security per 
Recommendations 14 and 15 of the Action Plan.

32. Bioterrorism Act of 2002

    Comment: The Working Group received a comment requesting 
clarification on the relationship between the pending traceability 
program and this Bioterrorism Act of 2002.
    Response: The Bioterrorism Act of 2002 required FDA to establish 
requirements for the creation and maintenance of records needed to 
determine the immediate previous sources and the immediate subsequent 
recipients of food, (i.e., one up, one down). Such records are to allow 
FDA to address credible threats of serious adverse health consequences 
or death to humans or animals. Entities subject to these provisions are 
those that manufacture, process, pack, transport, distribute, receive, 
hold or import food. Farms and restaurants are exempt from these 
requirements.
    To carry out this provision in the Bioterrorism Act, the Food 
Safety Modernization Act (FSMA) was enacted and it included enhancing 
tracking and tracing of food and recordkeeping. Under FSMA, FDA, 
working with the U.S. Department of Agriculture (USDA) and State 
agencies, has established two product tracing pilot projects carried 
out by the Institute of Food Technologists (IFT). The projects will 
help determine which data are most needed to trace a product that is in 
the market back to a common source and, once the contaminated 
ingredient is identified, to trace the product forward to know where it 
has been distributed. IFT has recommended steps for traceability 
improvement, and the information is still under review and we cannot 
make any comparative analyses.

33. Cooked Seafood

    Comment: The Working Group received comment requesting 
clarification as to whether the pending seafood traceability program 
would extend to cooked seafood, which is exempted from the Country of 
Origin Labeling (COOL) protocols.
    Response: The product types that will be a part of the program will 
be delineated in the traceability rule-making process and are beyond 
the scope of this Federal Register Notice.

34. Base List of Species

    Comment: The Working Group received a public comment that the base 
list of species examined was skewed toward high value species, and the 
focus should be broadened to include mass-market fish.
    Response: Initially the Working Group looked at both high value and 
high volume fisheries, but many of the high volume fisheries were also 
high value fisheries. Generally the only high volume fisheries that did 
not meet the value threshold were from bait fish fisheries. Therefore, 
the Working Group concluded a separate look at high volume fisheries 
was not useful. There were a number of lower value, but higher volume 
(mass market), stocks analyzed using the standards noted as part of the 
base list. However, the level of risk associated with many of them did 
not warrant having them on a list of species at risk of IUU fishing and 
seafood fraud.

35. European Union (EU) IUU Seafood Certification

    Comment: A number of comments included discussion of the EU 
approach to combatting IUU fishing, which is country-of-origin based, 
rather than species-based.
    Response: The Working Group is implementing the recommendations of 
the Presidential Task Force on Combatting IUU fishing and Seafood 
Fraud, which outlines a species specific approach as the basis for the 
first phase of the traceability scheme. As noted above, the Working 
Group does not believe it is appropriate to establish a

[[Page 66876]]

principle based on country of origin. In addition, the U.S. government 
does not have active involvement with the EU country-based IUU fishing 
risk identification system. Therefore, the Working Group did not 
include a principle that would identify at-risk species based on 
whether they are associated with nations that have been issued a yellow 
or red card under the EU system. However, to the extent available, 
information generated or collected pursuant to the EU system that could 
be relevant to other principles used by the Working Group, such as 
enforcement capability and history of fisheries violations for specific 
species, was considered.

36. Additional Species

    Comment: The Working Group received many comments requesting that 
additional species be added to the list of at-risk species. The 
additional species requested included: Anchovies, All Snappers, Eels, 
Flounder, Lobster, Mackerel, Pollock, Octopus, Salmon, Skates & Rays, 
Snow Crab, Squid, Totoaba, and Weakfish.
    Response: Lobster, Mackerel, Pollock, Salmon, Snow crab, and Squid 
were evaluated by the Working Group previously. The Working Group has 
confirmed that its earlier assessment of the species was accurate. 
Specific to the requests to have all snappers on the list, the Working 
Group determined that the species that is most at-risk for IUU fishing 
and seafood fraud is Red Snapper, and that the other snappers are 
generally used as a substitute for Red Snapper. Thus the Working Group 
did not expand the at-risk species to include all snappers. Totoaba, 
was requested for addition through public comment, but was not 
evaluated. Totoaba is listed as endangered under the Endangered Species 
Act (ESA), and is listed in Appendix 1 of the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES) as threatened with extinction. This listing eliminates legal 
trade and negates the need for including Totoaba on the list of at-risk 
species.
    The Working Group reviewed the following additional species, as 
suggested through public comments: Anchovies; Eels; Flounder (Southern 
and Summer); Octopus; Queen Conch; Weakfish; Skates and Rays. All of 
these species were evaluated using the same principles and methodology 
applied to the previously analyzed species. The Working Group did not 
find enough risk across the suite of principles to warrant adding any 
of the newly suggested species to the final list of at-risk species.

37. Emphasis on Unregulated and Unreported Catch

    Comment: A comment was received suggesting the Working Group needed 
to increase attention on unregulated and unreported catch, while 
another comment suggested the Working Group needed to pay less 
attention to unregulated and unreported catch.
    Response: Illegal, unregulated and unreported catch all have 
negative impacts on the sustainability of fisheries and on legal 
fishing businesses across the world. In its analysis, the Working Group 
took into consideration unregulated and unreported catch concerns.

Appendix 1

----------------------------------------------------------------------------------------------------------------
                                         Scientific name  (to
                Common                   genus or to species)            Family                   Order
----------------------------------------------------------------------------------------------------------------
abalone..............................  Haliotis spp...........  Haliotidae.............  GASTROPODA.
albacore.............................  Thunnus alalunga.......  Scombridae.............  SCOMBROIDEI.
Atlantic cod.........................  Gadus morhua...........  Gadidae................  GADIFORMES.
bigeye tuna..........................  Thunnus obesus.........  Scombridae.............  SCOMBROIDEI.
blue crab............................  Callinectes sapidus....  Portunidae.............  BRACHYURA.
dolphinfish..........................  Coryphaena hippurus....  Coryphaenidae..........  PERCOIDEI.
groupers.............................  Aethaloperca spp.......  Serranidae.............  PERCOIDEI.
groupers.............................  Anyperodon spp.........  Serranidae.............  PERCOIDEI.
groupers.............................  Caprodon spp...........  Serranidae.............  PERCOIDEI.
groupers.............................  Cephalopholis spp......  Serranidae.............  PERCOIDEI.
groupers.............................  Cromileptes spp........  Serranidae.............  PERCOIDEI.
groupers.............................  Dermatolepis spp.......  Serranidae.............  PERCOIDEI.
groupers.............................  Diplectrum spp.........  Serranidae.............  PERCOIDEI.
groupers.............................  Epinephelus spp........  Serranidae.............  PERCOIDEI.
groupers.............................  Gracila spp............  Serranidae.............  PERCOIDEI.
groupers.............................  Hyporthodus spp........  Serranidae.............  PERCOIDEI.
groupers.............................  Mycteroperca spp.......  Serranidae.............  PERCOIDEI.
groupers.............................  Plectropomus spp.......  Serranidae.............  PERCOIDEI.
groupers.............................  Saloptia spp...........  Serranidae.............  PERCOIDEI.
groupers.............................  Triso spp..............  Serranidae.............  PERCOIDEI.
groupers.............................  Variola spp............  Serranidae.............  PERCOIDEI.
Pacific cod..........................  Gadus macrocephalus....  Gadidae................  GADIFORMES.
red king crab........................  Paralithodes             Lithodidae.............  ANOMURA.
                                        camtschaticus.
red snapper..........................  Lutjanus campechanus...  Lutjanidae.............  PERCOIDEI.
----------------------------------------------------------------------------------------------------------------
         All Sea Cucumber Species, including the below list from the Food and Agricultural Organization
----------------------------------------------------------------------------------------------------------------
sea cucumber.........................  Actinopyga spp.........  Holothuriidae..........  HOLOTHUROIDEA.
sea cucumber.........................  Apostichopus spp.......  Stichopodidae..........  HOLOTHUROIDEA.
sea cucumber.........................  Astichopus spp.........  Stichopodidae..........  HOLOTHUROIDEA.
sea cucumber.........................  Athyonidium spp........  Cucumariidae...........  HOLOTHUROIDEA.
sea cucumber.........................  Australostichopus spp..  Stichopodidae..........  HOLOTHUROIDEA.
sea cucumber.........................  Bohadschia spp.........  Holothuriidae..........  HOLOTHUROIDEA.
sea cucumber.........................  Cucumaria spp..........  Cucumariidae...........  HOLOTHUROIDEA.
sea cucumber.........................  Heterocucumis spp......  Cucumariidae...........  HOLOTHUROIDEA.
sea cucumber.........................  Holothuria spp.........  Holothuriidae..........  HOLOTHUROIDEA.
sea cucumber.........................  Isostichopus spp.......  Stichopodidae..........  HOLOTHUROIDEA.
sea cucumber.........................  Molpadia spp...........  Molpadiidae............  HOLOTHUROIDEA.
sea cucumber.........................  Paradota spp...........  Chiridotidae...........  HOLOTHUROIDEA.
sea cucumber.........................  Parastichopus spp......  Stichopodidae..........  HOLOTHUROIDEA.

[[Page 66877]]

 
sea cucumber.........................  Pearsonothuria spp.....  Holothuriidae..........  HOLOTHUROIDEA.
sea cucumber.........................  Pseudocnus spp.........  Cucumariidae...........  HOLOTHUROIDEA.
sea cucumber.........................  Pseudostichopus spp....  Synallactidae..........  HOLOTHUROIDEA.
sea cucumber.........................  Psolidium spp..........  Psolidae...............  HOLOTHUROIDEA.
sea cucumber.........................  Psolus spp.............  Psolidae...............  HOLOTHUROIDEA.
sea cucumber.........................  Staurocucumis spp......  Cucumariidae...........  HOLOTHUROIDEA.
sea cucumber.........................  Stichopus spp..........  Stichopodidae..........  HOLOTHUROIDEA.
sea cucumber.........................  Thelenota spp..........  Stichopodidae..........  HOLOTHUROIDEA.
sea cucumber.........................  Trachythyone spp.......  Cucumariidae...........  HOLOTHUROIDEA.
----------------------------------------------------------------------------------------------------------------
     All Shark Species (excluding skates and rays), including the below list from the Food and Agricultural
                                                  Organization
----------------------------------------------------------------------------------------------------------------
sharks...............................  Aculeola spp...........  Squalidae..............  SQUALIFORMES.
sharks...............................  Alopias spp............  Alopiidae..............  LAMNIFORMES.
sharks...............................  Apristurus spp.........  Scyliorhinidae.........  CARCHARHINIFORMES.
sharks...............................  Asymbolus spp..........  Scyliorhinidae.........  CARCHARHINIFORMES.
sharks...............................  Atelomycterus spp......  Scyliorhinidae.........  CARCHARHINIFORMES.
sharks...............................  Aulohalaelurus spp.....  Scyliorhinidae.........  CARCHARHINIFORMES.
sharks...............................  Brachaelurus spp.......  Brachaeluridae.........  ORECTOLOBIFORMES.
sharks...............................  Carcharhinus spp.......  Carcharhinidae.........  CARCHARHINIFORMES.
sharks...............................  Carcharias spp.........  Odontaspididae.........  LAMNIFORMES.
sharks...............................  Carcharodon spp........  Lamnidae...............  LAMNIFORMES.
sharks...............................  Centrophorus spp.......  Squalidae..............  SQUALIFORMES.
sharks...............................  Centroscyllium spp.....  Squalidae..............  SQUALIFORMES.
sharks...............................  Centroscymnus spp......  Squalidae..............  SQUALIFORMES.
sharks...............................  Cephaloscyllium spp....  Scyliorhinidae.........  CARCHARHINIFORMES.
sharks...............................  Cephalurus spp.........  Scyliorhinidae.........  CARCHARHINIFORMES.
sharks...............................  Cetorhinus spp.........  Cetorhinidae...........  LAMNIFORMES.
sharks...............................  Chaenogaleus spp.......  Hemigaleidae...........  CARCHARHINIFORMES.
sharks...............................  Chiloscyllium spp......  Hemiscylliidae.........  ORECTOLOBIFORMES.
sharks...............................  Chlamydoselachus spp...  Chlamydoselachidae.....  HEXANCHIFORMES.
sharks...............................  Cirrhigaleus spp.......  Squalidae..............  SQUALIFORMES.
sharks...............................  Cirrhoscyllium spp.....  Parascylliidae.........  ORECTOLOBIFORMES.
sharks...............................  Ctenacis spp...........  Proscylliidae..........  CARCHARHINIFORMES.
sharks...............................  Dalatias spp...........  Squalidae..............  SQUALIFORMES.
sharks...............................  Deania spp.............  Squalidae..............  SQUALIFORMES.
sharks...............................  Echinorhinus spp.......  Echinorhinidae.........  SQUALIFORMES.
sharks...............................  Eridacnis spp..........  Proscylliidae..........  CARCHARHINIFORMES.
sharks...............................  Etmopterus spp.........  Squalidae..............  SQUALIFORMES.
sharks...............................  Eucrossorhinus spp.....  Orectolobidae..........  ORECTOLOBIFORMES.
sharks...............................  Euprotomicroides spp...  Squalidae..............  SQUALIFORMES.
sharks...............................  Euprotomicrus spp......  Squalidae..............  SQUALIFORMES.
sharks...............................  Eusphyra spp...........  Sphyrnidae.............  CARCHARHINIFORMES.
sharks...............................  Furgaleus spp..........  Triakidae..............  CARCHARHINIFORMES.
sharks...............................  Galeocerdo spp.........  Carcharhinidae.........  CARCHARHINIFORMES.
sharks...............................  Galeorhinus spp........  Triakidae..............  CARCHARHINIFORMES.
sharks...............................  Galeus spp.............  Scyliorhinidae.........  CARCHARHINIFORMES.
sharks...............................  Ginglymostoma spp......  Ginglymostomatidae.....  ORECTOLOBIFORMES.
sharks...............................  Glyphis spp............  Carcharhinidae.........  CARCHARHINIFORMES.
sharks...............................  Gogolia spp............  Triakidae..............  CARCHARHINIFORMES.
sharks...............................  Gollum spp.............  Pseudotriakidae........  CARCHARHINIFORMES.
sharks...............................  Halaelurus spp.........  Scyliorhinidae.........  CARCHARHINIFORMES.
sharks...............................  Haploblepharus spp.....  Scyliorhinidae.........  CARCHARHINIFORMES.
sharks...............................  Hemigaleus spp.........  Hemigaleidae...........  CARCHARHINIFORMES.
sharks...............................  Hemipristis spp........  Hemigaleidae...........  CARCHARHINIFORMES.
sharks...............................  Hemiscyllium spp.......  Hemiscylliidae.........  ORECTOLOBIFORMES.
sharks...............................  Hemitriakis spp........  Triakidae..............  CARCHARHINIFORMES
sharks...............................  Heptranchias spp.......  Hexanchidae............  HEXANCHIFORMES.
sharks...............................  Heterodontus spp.......  Heterodontidae.........  HETERODONTIFORMES.
sharks...............................  Heteroscyllium spp.....  Brachaeluridae.........  ORECTOLOBIFORMES.
sharks...............................  Heteroscymnoides spp...  Squalidae..............  SQUALIFORMES.
sharks...............................  Hexanchus spp..........  Hexanchidae............  HEXANCHIFORMES.
sharks...............................  Holohalaelurus spp.....  Scyliorhinidae.........  CARCHARHINIFORMES.
sharks...............................  Hypogaleus spp.........  Triakidae..............  CARCHARHINIFORMES.
sharks...............................  Iago spp...............  Triakidae..............  CARCHARHINIFORMES.
sharks...............................  Isistius spp...........  Squalidae..............  SQUALIFORMES.
sharks...............................  Isogomphodon spp.......  Carcharhinidae.........  CARCHARHINIFORMES.
sharks...............................  Isurus spp.............  Lamnidae...............  LAMNIFORMES.
sharks...............................  Lamiopsis spp..........  Carcharhinidae.........  CARCHARHINIFORMES.
sharks...............................  Lamna spp..............  Lamnidae...............  LAMNIFORMES.
sharks...............................  Leptocharias spp.......  Leptochariidae.........  CARCHARHINIFORMES.
sharks...............................  Loxodon spp............  Carcharhinidae.........  CARCHARHINIFORMES.
sharks...............................  Megachasma spp.........  Megachasmidae..........  LAMNIFORMES.

[[Page 66878]]

 
sharks...............................  Mitsukurina spp........  Mitsukurinidae.........  LAMNIFORMES.
sharks...............................  Mustelus spp...........  Triakidae..............  CARCHARHINIFORMES.
sharks...............................  Nasolamia spp..........  Carcharhinidae.........  CARCHARHINIFORMES.
sharks...............................  Nebrius spp............  Ginglymostomatidae.....  ORECTOLOBIFORMES.
sharks...............................  Negaprion spp..........  Carcharhinidae.........  CARCHARHINIFORMES.
sharks...............................  Notorynchus spp........  Hexanchidae/             HEXANCHIFORMES.
                                                                 Notorynchidae.
sharks...............................  Odontaspis spp.........  Odontaspididae.........  LAMNIFORMES.
sharks...............................  Orectolobus spp........  Orectolobidae..........  ORECTOLOBIFORMES.
sharks...............................  Oxynotus spp...........  Oxynotidae.............  SQUALIFORMES.
sharks...............................  Paragaleus spp.........  Hemigaleidae...........  CARCHARHINIFORMES.
sharks...............................  Parascyllium spp.......  Parascylliidae.........  ORECTOLOBIFORMES.
sharks...............................  Parmaturus spp.........  Scyliorhinidae.........  CARCHARHINIFORMES.
sharks...............................  Pentanchus spp.........  Scyliorhinidae.........  CARCHARHINIFORMES.
sharks...............................  Pliotrema spp..........  Pristiophoridae........  PRISTIOPHORIFORMES.
sharks...............................  Poroderma spp..........  Scyliorhinidae.........  CARCHARHINIFORMES.
sharks...............................  Prionace spp...........  Carcharhinidae.........  CARCHARHINIFORMES.
sharks...............................  Pristiophorus spp......  Pristiophoridae........  PRISTIOPHORIFORMES.
sharks...............................  Proscyllium spp........  Proscylliidae..........  CARCHARHINIFORMES.
sharks...............................  Pseudocarcharias spp...  Pseudocarchariidae.....  LAMNIFORMES.
sharks...............................  Pseudotriakis spp......  Pseudotriakidae........  CARCHARHINIFORMES.
sharks...............................  Rhincodon spp..........  Rhincodontidae.........  ORECTOLOBIFORMES.
sharks...............................  Rhizoprionodon spp.....  Carcharhinidae.........  CARCHARHINIFORMES.
sharks...............................  Schroederichthys spp...  Scyliorhinidae.........  CARCHARHINIFORMES.
sharks...............................  Scoliodon spp..........  Carcharhinidae.........  CARCHARHINIFORMES.
sharks...............................  Scyliorhinus spp.......  Scyliorhinidae.........  CARCHARHINIFORMES.
sharks...............................  Scylliogaleus spp......  Triakidae..............  CARCHARHINIFORMES.
sharks...............................  Scymnodalatias spp.....  Squalidae..............  SQUALIFORMES.
sharks...............................  Scymnodon spp..........  Squalidae..............  SQUALIFORMES.
sharks...............................  Somniosus spp..........  Squalidae..............  SQUALIFORMES.
sharks...............................  Sphyrna spp............  Sphyrnidae.............  CARCHARHINIFORMES.
sharks...............................  Squaliolus spp.........  Squalidae..............  SQUALIFORMES.
sharks...............................  Squalus spp............  Squalidae..............  SQUALIFORMES.
sharks...............................  Squatina spp...........  Squatinidae............  SQUALIFORMES.
sharks...............................  Stegostoma spp.........  Stegostomatidae........  ORECTOLOBIFORMES.
sharks...............................  Sutorectus spp.........  Orectolobidae..........  ORECTOLOBIFORMES.
sharks...............................  Triaenodon spp.........  Carcharhinidae.........  CARCHARHINIFORMES.
sharks...............................  Triakis spp............  Triakidae..............  CARCHARHINIFORMES.
----------------------------------------------------------------------------------------------------------------
 All Shrimp Species in the Order Decapoda, including the below list from the Food and Agricultural Organization
----------------------------------------------------------------------------------------------------------------
shrimps..............................  Acanthephyra spp.......  Oplophoridae...........  Decapoda (NATANTIA).
shrimps..............................  Acetes spp.............  Sergestidae............  Decapoda (NATANTIA).
shrimps..............................  Alpheus spp............  Alpheidae..............  Decapoda (NATANTIA).
shrimps..............................  Argis spp..............  Crangonidae............  Decapoda (NATANTIA).
shrimps..............................  Aristaeomorpha spp.....  Aristaeidae............  Decapoda (NATANTIA).
shrimps..............................  Aristaeopsis spp.......  Crangonidae............  Decapoda (NATANTIA).
shrimps..............................  Aristeus spp...........  Aristaeidae............  Decapoda (NATANTIA).
shrimps..............................  Artemesia spp..........  Penaeidae..............  Decapoda (NATANTIA).
shrimps..............................  Atya spp...............  Atyidae................  Decapoda (NATANTIA).
shrimps..............................  Atyopsis spp...........  Atyidae................  Decapoda (NATANTIA).
shrimps..............................  Atypopenaeus spp.......  Penaeidae..............  Decapoda (NATANTIA).
shrimps..............................  Bentheogennema spp.....  Benthesicymidae........  Decapoda (NATANTIA).
shrimps..............................  Benthesicymus spp......  Benthesicymidae........  Decapoda (NATANTIA).
shrimps..............................  Campylonotus spp.......  Campylonotidae.........  Decapoda (NATANTIA).
shrimps..............................  Caridina spp...........  Atyidae................  Decapoda (NATANTIA).
shrimps..............................  Chlorotocus spp........  Pandalidae.............  Decapoda (NATANTIA).
shrimps..............................  Crangon spp............  Crangonidae............  Decapoda (NATANTIA).
shrimps..............................  Cryphiops spp..........  Palaemonidae...........  Decapoda (NATANTIA).
shrimps..............................  Cryptopenaeus spp......  Solenoceridae..........  Decapoda (NATANTIA).
shrimps..............................  Dichelopandalus spp....  Pandalidae.............  Decapoda (NATANTIA).
shrimps..............................  Eualus spp.............  Hippolytidae...........  Decapoda (NATANTIA).
shrimps..............................  Exhippolysmata spp.....  Hippolytidae...........  Decapoda (NATANTIA).
shrimps..............................  Exopalaemon spp........  Palaemonidae...........  Decapoda (NATANTIA).
shrimps..............................  Farfantepenaeus spp      Penaeidae..............  Decapoda (NATANTIA).
                                        (now Penaeus).
shrimps..............................  Fenneropenaeus spp (now  Penaeidae..............  Decapoda (NATANTIA).
                                        Penaeus).
shrimps..............................  Glyphocrangon spp......  Glyphocrangonidae......  Decapoda (NATANTIA).
shrimps..............................  Glyphus spp............  Pasiphaeidae...........  Decapoda (NATANTIA).
shrimps..............................  Hadropenaeus spp.......  Solenoceridae..........  Decapoda (NATANTIA).
shrimps..............................  Haliporoides spp.......  Solenoceridae..........  Decapoda (NATANTIA).
shrimps..............................  Heptacarpus spp........  Hippolytidae...........  Decapoda (NATANTIA).
shrimps..............................  Heterocarpoides spp....  Pandalidae.............  Decapoda (NATANTIA).
shrimps..............................  Heterocarpus spp.......  Pandalidae.............  Decapoda (NATANTIA).
shrimps..............................  Holthuispenaeopsis spp.  Penaeidae..............  Decapoda (NATANTIA).

[[Page 66879]]

 
shrimps..............................  Hymenocera spp.........  Gnatophyllidae.........  Decapoda (NATANTIA).
shrimps..............................  Hymenodora spp.........  Oplophoridae...........  Decapoda (NATANTIA).
shrimps..............................  Hymenopenaeus spp......  Solenoceridae..........  Decapoda (NATANTIA).
shrimps..............................  Latreutes spp..........  Hippolytidae...........  Decapoda (NATANTIA).
shrimps..............................  Leandrites spp.........  Palaemonidae...........  Decapoda (NATANTIA).
shrimps..............................  Leptocarpus spp........  Palaemonidae...........  Decapoda (NATANTIA).
shrimps..............................  Leptochela spp.........  Pasiphaeidae...........  Decapoda (NATANTIA).
shrimps..............................  Lipkebe spp............  Palaemonidae...........  Decapoda (NATANTIA).
shrimps..............................  Lipkius spp............  Nematocarcinidae.......  Decapoda (NATANTIA).
shrimps..............................  Litopenaeus spp........  Penaeidae..............  Decapoda (NATANTIA).
shrimps..............................  Lysmata spp............  Hippolytidae...........  Decapoda (NATANTIA).
shrimps..............................  Macrobrachium spp......  Palaemonidae...........  Decapoda (NATANTIA).
shrimps..............................  Macropetasma spp.......  Penaeidae..............  Decapoda (NATANTIA).
shrimps..............................  Marsupenaeus spp.......  Penaeidae..............  Decapoda (NATANTIA).
shrimps..............................  Melicertus spp.........  Penaeidae..............  Decapoda (NATANTIA).
shrimps..............................  Mesopaeneus spp........  Solenoceridae..........  Decapoda (NATANTIA).
shrimps..............................  Metacrangon spp........  Crangonidae............  Decapoda (NATANTIA).
shrimps..............................  Metapenaeopsis spp.....  Penaeidae..............  Decapoda (NATANTIA).
shrimps..............................  Metapenaeus spp........  Penaeidae..............  Decapoda (NATANTIA).
shrimps..............................  Microprosthema spp.....  Stenopodidae...........  Decapoda (NATANTIA).
shrimps..............................  Nematocarcinus spp.....  Nematocarcinidae.......  Decapoda (NATANTIA).
shrimps..............................  Nematopalaemon spp.....  Palaemonidae...........  Decapoda (NATANTIA).
shrimps..............................  Notocrangon spp........  Crangonidae............  Decapoda (NATANTIA).
shrimps..............................  Notostomus spp.........  Oplophoridae...........  Decapoda (NATANTIA).
shrimps..............................  Ogyrides spp...........  Ogyrididae.............  Decapoda (NATANTIA).
shrimps..............................  Oplophorus spp.........  Oplophoridae...........  Decapoda (NATANTIA).
shrimps..............................  Palaemon spp...........  Palaemonidae...........  Decapoda (NATANTIA).
shrimps..............................  Palaemonetes spp.......  Palaemonidae...........  Decapoda (NATANTIA).
shrimps..............................  Pandalopsis spp........  Pandalidae.............  Decapoda (NATANTIA).
shrimps..............................  Pandalus spp...........  Pandalidae.............  Decapoda (NATANTIA).
shrimps..............................  Pantomus spp...........  Pandalidae.............  Decapoda (NATANTIA).
shrimps..............................  Paracrangon spp........  Crangonidae............  Decapoda (NATANTIA).
shrimps..............................  Parapandalus spp.......  Pandalidae.............  Decapoda (NATANTIA).
shrimps..............................  Parapenaeopsis spp.....  Penaeidae..............  Decapoda (NATANTIA).
shrimps..............................  Parapenaeus spp........  Penaeidae..............  Decapoda (NATANTIA).
shrimps..............................  Paratya spp............  Atyidae................  Decapoda (NATANTIA).
shrimps..............................  Pasiphaea spp..........  Pasiphaeidae...........  Decapoda (NATANTIA).
shrimps..............................  Penaeopsis spp.........  Penaeidae..............  Decapoda (NATANTIA).
shrimps..............................  Penaeus spp............  Penaeidae..............  Decapoda (NATANTIA).
shrimps..............................  Pleoticus spp..........  Solenoceridae..........  Decapoda (NATANTIA).
shrimps..............................  Plesionika spp.........  Pandalidae.............  Decapoda (NATANTIA).
shrimps..............................  Plesiopenaeus spp......  Aristaeidae............  Decapoda (NATANTIA).
shrimps..............................  Pontocaris spp.........  Crangonidae............  Decapoda (NATANTIA).
shrimps..............................  Pontophilus spp........  Crangonidae............  Decapoda (NATANTIA).
shrimps..............................  Processa spp...........  Processidae............  Decapoda (NATANTIA).
shrimps..............................  Protrachypene spp......  Penaeidae..............  Decapoda (NATANTIA).
shrimps..............................  Rhynchocinetes spp.....  Rhynchocinetidae.......  Decapoda (NATANTIA).
shrimps..............................  Saron spp..............  Hippolytidae...........  Decapoda (NATANTIA).
shrimps..............................  Sclerocrangon spp......  Crangonidae............  Decapoda (NATANTIA).
shrimps..............................  Sergestes spp..........  Sergestidae............  Decapoda (NATANTIA).
shrimps..............................  Sicyonia spp...........  Sicyoniidae............  Decapoda (NATANTIA).
shrimps..............................  Solenocera spp.........  Solenoceridae..........  Decapoda (NATANTIA).
shrimps..............................  Spirontocaris spp......  Hippolytidae...........  Decapoda (NATANTIA).
shrimps..............................  Stenopus spp...........  Stenopodidae...........  Decapoda (NATANTIA).
shrimps..............................  Systellaspis spp.......  Oplophoridae...........  Decapoda (NATANTIA).
shrimps..............................  Trachypenaeus spp......  Penaeidae..............  Decapoda (NATANTIA).
shrimps..............................  Trachysalambria spp....  Penaeidae..............  Decapoda (NATANTIA).
shrimps..............................  Xiphopenaeus spp.......  Penaeidae..............  Decapoda (NATANTIA).
skipjack tuna........................  Katsuwonus pelamis.....  Scombridae.............  SCOMBROIDEI.
yellowfin tuna.......................  Thunnus albacares......  Scombridae.............  SCOMBROIDEI.
swordfish............................  Xiphias gladiatus......  Xiphiidae..............  SCOMBROIDEI.
----------------------------------------------------------------------------------------------------------------


    Dated: October 27, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-27780 Filed 10-29-15; 8:45 am]
BILLING CODE 3510-22-P



                                                                            Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices                                               66867

                                              Paperwork Reduction Act of 1995,                        encourage beekeepers to maintain bee                  Amendment to Privacy Act System of
                                              Public Law 104–13. Comments                             colonies.                                             Records: COMMERCE/CENSUS–9,
                                              regarding (a) whether the collection of                    Need and Use of the Information:                   Longitudinal Employer-Household
                                              information is necessary for the proper                 NASS will collect information on the                  Dynamics System. No comments were
                                              performance of the functions of the                     number of colonies, honey production,                 received in response to the request for
                                              agency, including whether the                           stocks, and prices from beekeepers with               comments. By this notice, the
                                              information will have practical utility;                five or more honey bee colonies and                   Department of Commerce is adopting
                                              (b) the accuracy of the agency’s estimate               from a sampling of beekeepers that have               the proposed new system as final
                                              of burden including the validity of the                 less than five colonies. The survey will              without changes effective October 30,
                                              methodology and assumptions used; (c)                   provide data needed by the Department                 2015.
                                              ways to enhance the quality, utility and                and other government agencies to                        Dated: October 26, 2015.
                                              clarity of the information to be                        administer programs and to set trade                  Michael J. Toland,
                                              collected; (d) ways to minimize the                     quotas and tariffs. Without the
                                                                                                                                                            Department of Commerce, Freedom of
                                              burden of the collection of information                 information agricultural industry would               Information and Privacy Act Officer.
                                              on those who are to respond, including                  not be aware of changes at the State and
                                                                                                                                                            [FR Doc. 2015–27719 Filed 10–29–15; 8:45 am]
                                              through the use of appropriate                          national level.
                                                                                                                                                            BILLING CODE 3510–07–P
                                              automated, electronic, mechanical or                       Description of Respondents: Farms.
                                              other technological collection                             Number of Respondents: 31,500.
                                              techniques or other forms of information                   Frequency of Responses: Reporting:                 DEPARTMENT OF COMMERCE
                                              technology.                                             Annually.
                                                Comments regarding this information                      Total Burden Hours: 8,937.                         International Trade Administration
                                              collection received by November 30,
                                              2015 will be considered. Written                        Charlene Parker,
                                                                                                                                                            Notice of Retraction of Publication of
                                              comments should be addressed to: Desk                   Departmental Information Collection                   the Notice of Final Redetermination
                                              Officer for Agriculture, Office of                      Clearance Officer.
                                                                                                                                                            Pursuant to Court Remand, Wheatland
                                              Information and Regulatory Affairs,                     [FR Doc. 2015–27617 Filed 10–29–15; 8:45 am]
                                                                                                                                                            Tube Co. v. United States, Court No.
                                              Office of Management and Budget                         BILLING CODE 3410–20–P                                12–00296
                                              (OMB), New Executive Office Building,
                                              725 17th Street NW., Washington, DC                                                                           ACTION:   Notice of retraction.
                                              20503. Commenters are encouraged to                     DEPARTMENT OF COMMERCE
                                              submit their comments to OMB via                                                                              SUMMARY:   The International Trade
                                              email to: OIRA_Submission@
                                                                                                      [Docket No. 150806684–5967–02]                        Administration inadvertently published
                                              omb.eop.gov or fax (202) 395–5806 and                                                                         a notice of Final Redetermination
                                                                                                      Privacy Act of 1974, Altered System of                Pursuant to Court Remand in Wheatland
                                              to Departmental Clearance Office,                       Records
                                              USDA, OCIO, Mail Stop 7602,                                                                                   Tube Co. v. United States, in the
                                              Washington, DC 20250–7602. Copies of                    AGENCY:  U.S. Census Bureau, U.S.                     Federal Register on Tuesday, October
                                              the submission(s) may be obtained by                    Department of Commerce.                               20, 2015 (80 FR 63537) (‘‘Notice’’). The
                                              calling (202) 720–8681.                                                                                       Notice is hereby retracted from the
                                                                                                      ACTION: Notice of Proposed Amendment
                                                An agency may not conduct or                                                                                Federal Register, and as such, the
                                                                                                      to Privacy Act System of Records:
                                              sponsor a collection of information                                                                           Notice should be disregarded.
                                                                                                      COMMERCE/CENSUS–9, Longitudinal
                                              unless the collection of information                    Employer-Household Dynamics System.                   FOR FURTHER INFORMATION CONTACT: Cara
                                              displays a currently valid OMB control                                                                        Lofaro, AD/CVD Operations, Office IV,
                                              number and the agency informs                           SUMMARY:   The Department of Commerce                 Enforcement and Compliance,
                                              potential persons who are to respond to                 publishes this notice to announce the                 International Trade Administration,
                                              the collection of information that such                 effective date of a Privacy Act System of             U.S. Department of Commerce, 14th
                                              persons are not required to respond to                  Records notice entitled Notice of                     Street and Constitution Avenue NW.,
                                              the collection of information unless it                 Proposed Amendment to Privacy Act                     Washington, DC 20230; telephone: (202)
                                              displays a currently valid OMB control                  System of Records: COMMERCE/                          482–5720.
                                              number.                                                 CENSUS–9, Longitudinal Employer-                        Dated: October 23, 2015.
                                                                                                      Household Dynamics System.                            Paul Piquado,
                                              National Agricultural Statistics Service
                                                                                                      DATES: The system of records becomes                  Assistant Secretary for Enforcement and
                                                 Title: Bee and Honey Survey.                         effective on October 30, 2015.                        Compliance.
                                                 OMB Control Number: 0535–0153.
                                                                                                      ADDRESSES: For a copy of the system of                [FR Doc. 2015–27777 Filed 10–29–15; 8:45 am]
                                                 Summary of Collection: The National
                                              Agricultural Statistics Service (NASS)                  records please mail requests to: Chief,               BILLING CODE 3510–DS–P

                                              primary function is to prepare and issue                Privacy Compliance Branch, Room—
                                              State and national estimates of crop and                8H021, U.S. Census Bureau,
                                                                                                      Washington, DC 20233–3700.                            DEPARTMENT OF COMMERCE
                                              livestock production. General authority
                                              for these data collection activities is                 FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            National Oceanic and Atmospheric
                                              granted under U.S. Code Title 7, Section                Chief, Privacy Compliance Branch,
                                                                                                                                                            Administration
                                              2204. Domestic honeybees are critical to                Room—8H021, U.S. Census Bureau,
                                              the pollination of U.S. crops, especially               Washington, DC 20233–3700.                            RIN 0648–XE285
tkelley on DSK3SPTVN1PROD with NOTICES




                                              fruits, some nuts, vegetables and some                  SUPPLEMENTARY INFORMATION: On
                                                                                                                                                            Presidential Task Force on Combating
                                              specialty crops. Africanized bees,                      September 17, 2015 (80 FR 55831), the
                                                                                                                                                            Illegal Unreported and Unregulated
                                              colony collapse disorder, parasites,                    Department of Commerce published a
                                                                                                                                                            (IUU) Fishing and Seafood Fraud
                                              diseases, and pesticides threaten the                   notice in the Federal Register
                                                                                                                                                            Action Plan
                                              survival of bees. Programs are provided                 requesting comments on a proposed
                                              by federal, State and local governments                 new Privacy Act System of Records                     AGENCY:  National Marine Fisheries
                                              to assist in the survival of bees and to                notice entitled Notice of Proposed                    Service (NMFS), National Oceanic and


                                         VerDate Sep<11>2014   17:37 Oct 29, 2015   Jkt 238001   PO 00000   Frm 00002   Fmt 4703   Sfmt 4703   E:\FR\FM\30OCN1.SGM   30OCN1


                                              66868                         Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices

                                              Atmospheric Administration (NOAA),                      NOC Committee, established in April                   traceability program may require
                                              Commerce.                                               2015.                                                 engagement of additional U.S. agencies.
                                              ACTION: Notice of Determination.
                                                                                                         This final notice is one of several
                                                                                                      steps in the plan to implement Task                   Principles for Determining Species at
                                                                                                      Force Recommendations 14 and 15,                      Risk of IUU Fishing and Seafood Fraud
                                              SUMMARY:    The National Ocean Council
                                              Committee on IUU Fishing and Seafood                    identifying ‘‘species of fish or seafood                 To develop principles, the Working
                                              Fraud (NOC Committee) has finalized                     that are presently of particular concern              Group considered public comments
                                              principles for determining seafood                      because they are currently subject to                 received through both public comment
                                              species at risk of IUU fishing and                      significant seafood fraud or because                  periods. The Working Group evaluated
                                              seafood fraud (at-risk species) and a list              they are at significant risk of being                 the strength and utility of various
                                              of at-risk species developed using the                  caught by IUU fishing.’’ To begin                     principles as indicators for potential
                                              principles.                                             implementing these recommendations,                   risk of IUU fishing or seafood fraud as
                                                                                                      the NOC Committee created a Working                   well as their measurability and the
                                              DATES:  List of principles and at-risk                  Group (Working Group), led by NOAA                    robustness of data available to assess
                                              species is final upon October 30, 2015.                 and composed of members from partner                  them. The Working Group minimized
                                              FOR FURTHER INFORMATION CONTACT:                        agencies: Department of State, Food and               overlap of principles to ensure that a
                                              Danielle Rioux, Office of Sustainable                   Drug Administration, Department of                    species’ alignment with several
                                              Fisheries, National Marine Fisheries                    Homeland Security, Customs and                        principles does not overstate associated
                                              Service (phone 301–427–8516, or email                   Border Protection, and the Office of the              risk, and also to distinguish between
                                              Danielle.Rioux@noaa.gov).                               U.S. Trade Representative.                            risk of IUU fishing and risk of seafood
                                                                                                         As the first step, the NOC Committee,              fraud. The Working Group then applied
                                              SUPPLEMENTARY INFORMATION: According
                                                                                                      through the Working Group, solicited                  the principles to a base list of species to
                                              to NOAA statistics, in 2013, U.S. fishers               public input through a Federal Register               develop the list of species at risk of IUU
                                              landed 9.9 billion pounds of fish and                   notice (80 FR 24246, April 30, 2015) on               fishing or seafood fraud.
                                              shellfish worth $5.5 billion. Illegal,                  what principles should be used to                        Based on the Working Group’s
                                              unreported, and unregulated (IUU)                       determine the seafood species at risk of              evaluation and synthesis of comments
                                              fishing and seafood fraud undermine                     IUU fishing or seafood fraud. Public                  received through both public comment
                                              the sustainability of U.S. and global                   input was received both in writing and                periods, the final principles are listed
                                              seafood stocks and negatively impact                    through webinars. Taking into                         below. Species and species groups were
                                              general ecosystem health. At the same                   consideration comments received, the                  evaluated using these principles:
                                              time, IUU fishing and fraudulent                        Working Group developed draft                            • Enforcement Capability: The
                                              seafood products distort legal markets                  principles and a draft list of at-risk                existence and effectiveness of
                                              and unfairly compete with the products                  species based on those principles. These              enforcement capability of the United
                                              of law-abiding fishers and seafood                      principles and the draft list were then               States and other countries, which
                                              industries globally. On March 15, 2015,                 published in a Federal Register notice                includes both the existing legal
                                              the Presidential Task Force on                          (80 FR 45955, August 3, 2015) to solicit              authority to enforce fisheries
                                              Combating IUU Fishing and Seafood                       additional public comment. This public                management laws and regulations and
                                              Fraud (Task Force), co-chaired by the                   comment period was extended through                   the capacity (e.g., resources,
                                              Departments of Commerce and State,                      Federal Register notice (80 FR 50270,                 infrastructure, etc.) to enforce those
                                              took an historic step to address these                  August 19, 2015) until September 11,                  laws and regulations throughout the
                                              issues and published its Action Plan for                2015. The Working Group considered                    geographic range of fishing activity for
                                              Implementing Task Force                                 public input received during the public               a species.
                                              Recommendations (Action Plan).                          comment period and developed final                       • Catch Documentation Scheme: The
                                              The Action Plan                                         principles to determine seafood species               existence of a catch documentation
                                                                                                      at risk of IUU fishing or seafood fraud               scheme throughout the geographic range
                                                 (http://www.nmfs.noaa.gov/ia/iuu/                    and a final recommended list of at risk               of fishing activity for a species, and the
                                              noaa_taskforce_report_final.pdf)                        species.                                              effectiveness of that scheme if it exists,
                                              articulates the proactive steps that                       This publication is the NOC                        including whether a lack of proper
                                              Federal agencies will take to implement                 Committee’s transmission of the list of               documentation leads to discrepancies
                                              the recommendations the Task Force                      species at risk of IUU fishing and                    between total allowable catch and trade
                                              made to the President in December 2014                  seafood fraud to the agencies charged                 volume of a species.
                                              on a comprehensive framework of                         with implementing the Task Force                         • Complexity of the Chain of Custody
                                              integrated programs to combat IUU                       recommendations for appropriate                       and Processing: Consideration of
                                              fishing and seafood fraud. The Action                   action, as requested in the Action Plan,              transparency of chain-of-custody for a
                                              Plan identifies actions that will                       as well as notification to the public. The            species, such as the level of
                                              strengthen enforcement, create and                      list does not impose any legal                        transshipment (in this context, the
                                              expand partnerships with state and                      requirements, but will inform the first               transfer of fish from one vessel to
                                              local governments, industry, and non-                   phase of the risk-based seafood                       another, either at sea or in port) for a
                                              governmental organizations, and create                  traceability program, as described in the             species, as well as the complexity of the
                                              a risk-based traceability program to                    Action Plan. The traceability program                 supply chain and extent of processing
                                              track seafood from harvest to entry into                itself will be developed through notice-              (e.g., fish that goes across multiple
                                              U.S. commerce, including through the                    and-comment rulemaking, pursuant to                   country borders or fish that is
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                                              use of existing traceability mechanisms.                the Magnuson-Stevens Fishery                          commonly exported for processing or
                                              The scope of action anticipated through                 Conservation and Management Act, and                  that is sold as fillet block vs. whole fish)
                                              the Action Plan approaches IUU and                      that rulemaking will address data                     as it pertains to comingling of species or
                                              fraudulently-labeled seafood at the Flag                requirements, the design of the program,              catch.
                                              State, Port State, and Market State                     and the species to which the first phase                 • Species Misrepresentation: The
                                              levels. The work the Task Force began                   of the program will be applied.                       history of known misrepresentation of a
                                              continues under the oversight of the                    Implementation and enforcement of the                 species related to substitution with


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                                                                            Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices                                          66869

                                              another species, focused on mislabeling                 principles listed above is set forth                  Office of General Counsel, Enforcement
                                              or other forms of misrepresentation of                  below. Note that this list is not the list            Section, NOAA, Department of
                                              seafood products.                                       of at-risk species to which the first                 Commerce; and Office of General
                                                • Mislabeling or Other                                phase of the traceability program will be             Counsel, Fisheries and Protected
                                              Misrepresentation: The history of                       applied:                                              Resources Section, NOAA, Department
                                              known misrepresentation of information                     Abalone; Billfish (Marlins,                        of Commerce; U.S. Customs and Border
                                              other than mislabeling related to species               Spearfishes, and Sailfishes); Catfish                 Protection; U.S. Department of
                                              identification (e.g., customs                           (Ictaluridae); Cod, Atlantic; Cod, Pacific;           Homeland Security; Division of
                                              misclassification or misrepresentation                  Crab, Blue; Crab, Dungeness; Crab, King;              Seafood, Office of Food Safety, Food
                                              related to country of origin, whether                   Crab, Snow; Dolphinfish (Mahi Mahi);                  and Drug Administration; Office of
                                              product is wild vs. aquaculture, or                     Oyster; Grouper; Haddock; Halibut,                    Analytics and Outreach, Food and Drug
                                              product weight).                                        Atlantic; Halibut, Pacific; Lake or                   Administration; Office of Compliance,
                                                • History of Violations: The history of               Yellow Perch; Lobster; Mackerel;                      Food and Drug Administration; Office of
                                              violations of fisheries laws and                        Menhaden; Opah; Orange Roughy; Red                    Environment and Natural Resources,
                                              regulations in the United States and                    Drum; Red Snapper; Sablefish; Salmon,                 U.S. Trade Representative; Office of
                                              abroad for a species, particularly those                Atlantic; Salmon, Chinook; Salmon,                    General Counsel, U.S. Trade
                                              related to IUU fishing.                                 Chum; Salmon, Coho; Salmon, Pink;                     Representative. Resources from these
                                                • Human Health Risks: History of                      Salmon, Sockeye; Scallop; Sea bass; Sea               offices, including data and expertise,
                                              mislabeling, other forms of                             cucumber; Shrimp; Sharks; Sole; Squid;                drove the analysis and application of
                                              misrepresentation, or species                           Sturgeon caviar; Swordfish; Tilapia;                  principles. Additional information used
                                              substitution leading to human health                    Toothfish; Tunas (Albacore, Bigeye,                   was from U.S. government-verifiable
                                              concerns for consumers, including in                    Bluefin, Skipjack, Yellowfin); Wahoo;                 sources, such as data gathered by
                                              particular, incidents when                              Walleye (Alaskan) Pollock; Pacific                    Regional Fisheries Management
                                              misrepresentation of product introduced                 Whiting.                                              Organizations to which the United
                                              human health concerns due to different                     Based on public comments received                  States is a member and whose scientific
                                              production, harvest or handling                         on the draft list of at-risk species, the             data is developed and reviewed with
                                              standards, or when higher levels of                     following eight additional species/                   active U.S. government participation.
                                              harmful pathogens or other toxins were                  species groups were also analyzed                        Sub-working groups composed of
                                              introduced directly from the substituted                according to the principles described                 subject matter experts from the agencies
                                              species.                                                above: Anchovies; Eels; Flounder                      listed above were created to complete
                                                                                                      (Southern and Summer); Octopus;                       the analyses of each species under each
                                              Application of Principles
                                                                                                      Queen Conch; Weakfish; Skates and                     individual principle. The Working
                                                 Given the large number of seafood                    Rays.                                                 Group then combined the analyses done
                                              species that are domestically landed or                    Both imported and domestically-                    by the sub-working groups to determine
                                              imported, the Working Group created a                   landed species were evaluated using the               which species were most at risk of IUU
                                              base list of species for evaluation using               same principles, data sources and                     fishing and seafood fraud. The Working
                                              several factors: (1) The value of                       methodology, as described below.                      Group noted that the suite of risks posed
                                              domestic landings and imports (all                      Principles were not weighted and were                 to species varied not only in terms of
                                              seafood species with an imported or                     evaluated evenly. Additionally, the                   which risks affected which species, but
                                              domestically-landed value over $100                     Working Group considered the                          also in terms of the scale of the risks.
                                              million USD in 2014 were included on                    interaction of principles to be                       For example, a single documented case
                                              the base list); (2) species identified by               important. For example, the interaction               of species substitution for a species that
                                              the Working Group due to a high cost                    between the enforcement capability, and               is sold in high volumes was considered
                                              of product per pound (which could                       history of violations was important                   differently than one case for a species
                                              increase the incentive for IUU fishing                  when evaluating species. The presence                 rarely found in U.S. markets.
                                              and fraud); and (3) species proposed                    or absence of one principle (e.g., catch                 Additionally, as the Working Group
                                              based on the expertise of representatives               documentation scheme) was not                         discussed the suite of risks associated
                                              from the Working Group agencies. In                     determinative in making the at-risk                   with the principles, a relationship
                                              some cases, the Working Group                           assessment.                                           became evident between the
                                              combined related species together in its                   The following Federal agency offices               enforcement capability associated with
                                              analysis (e.g., shrimp), because the                    contributed to the analysis of the list of            a species and the history of violations.
                                              supporting data utilized nomenclature                   species: the Office of Marine                         In many cases, a history of violations
                                              which made further analytical breakouts                 Conservation, Bureau of Oceans and                    was indicative of a strong enforcement
                                              unworkable. In other cases, the working                 International Environmental Affairs,                  capability for a species. Conversely, for
                                              group was able to target species within                 Department of State; Office of the Under              some species, a lack of violations
                                              larger species groups (e.g. red snapper),               Secretary for Economic Growth, Energy,                history may have been due to an in-
                                              based on commercial and marketplace                     and Environment, Department of State;                 ability to detect or prosecute violations.
                                              significance.                                           Office of International Affairs and                      After the second round of public
                                                 The Working Group determined that                    Seafood Inspection, National Marine                   comment, the Working Group
                                              data from the past five years was the                   Fisheries Service, NOAA, Department of                reconvened to discuss the eight new
                                              appropriate timeframe for decision-                     Commerce; Office of Sustainable                       species or species groups added to the
                                              making because a longer timeframe                       Fisheries, National Marine Fisheries                  analysis in response to public comments
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                                              might not reflect improvements that                     Service, NOAA, Department of                          plus new, relevant, U.S. government-
                                              have been made in some fisheries over                   Commerce; Office of Science and                       verifiable information from the past five
                                              time and a shorter timeframe might not                  Technology, National Marine Fisheries                 years applicable to species already
                                              include sufficient data to identify risks               Service, NOAA, Department of                          analyzed. Based upon these discussions,
                                              to certain species.                                     Commerce; Office of Law Enforcement,                  the list of species now deemed to be at
                                                 The resulting list of species and                    National Marine Fisheries Service,                    risk of IUU fishing and seafood fraud
                                              groups analyzed by applying the                         NOAA, Department of Commerce;                         has been modified from the draft list.


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                                              66870                         Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices

                                              Species at Risk of IUU Fishing and                      species identification is only possible               processing and transshipment.
                                              Seafood Fraud                                           through DNA testing. There is a strong                Additional IUU fishing risk is tied to a
                                                 The Working Group recognizes that                    history of both species substitution and              lack of an effective catch documentation
                                              all species of fish can be susceptible to               mislabeling. Blue crab has been                       scheme throughout the geographic range
                                              some risk of IUU fishing or seafood                     substituted or co-mingled with                        of fishing activity, despite rigorous
                                              fraud due to the inherent complexities                  swimming crab, which is native to                     reporting requirements in some areas
                                              in the fishing industry and supply                      Southeast Asia. The mislabeling history               including the United States. In addition,
                                              chain. However, the species list has                    is largely associated with                            as with Atlantic cod, there is a history
                                              been developed to identify species for                  misidentification of product origin, with             of species substitution using other white
                                                                                                      crab from other locations sold as                     fish and concerns over mislabeling
                                              which the current risks of IUU fishing
                                                                                                      ‘‘Maryland crab,’’ although there have                associated with over-glazing (ice
                                              or seafood fraud warrant prioritization
                                                                                                      also been incidents of short-weighting                coating) and short-weighting.
                                              for the first phase of the traceability
                                                                                                      in the sale of crab meat.                                Red Snapper: Red Snapper is at risk
                                              program. Pursuant to the Action Plan,                      Dolphinfish: Dolphinfish (also known
                                              implementation of the first phase of the                                                                      of IUU fishing, based upon the history
                                                                                                      as Mahi Mahi) is associated with a lack               of fisheries violations, as well as the
                                              traceability program will be regularly                  of enforcement capability and lacks a
                                              evaluated, beginning with a report to be                                                                      lack of a catch documentation scheme
                                                                                                      catch documentation scheme                            throughout the geographic range of
                                              issued by December 2016, in order to                    throughout the geographic range of
                                              determine ‘‘whether it is meeting the                                                                         fishing activity, despite rigorous
                                                                                                      fishing activity, which make it                       reporting requirements in some areas
                                              intended objectives and how it can be                   vulnerable to IUU fishing. Some
                                              expanded to provide more information                                                                          including the United States. There are
                                                                                                      dolphinfish is transshipped prior to                  also enforcement capability concerns for
                                              to prevent seafood fraud and combat                     entry into the United States, and there
                                              IUU fishing.’’                                                                                                red snapper throughout the full
                                                                                                      is concern over mislabeling associated                geographic range of fishing activity for
                                                 Based on its evaluation, the Working                 with product origin. In addition, there is
                                              Group identified the following list of                                                                        the species. Additionally, there is a
                                                                                                      a history of species substitution, in                 strong history of species substitution
                                              species or species groups at risk of IUU                which yellowtail flounder has been sold
                                              fishing and seafood fraud, in                                                                                 with some of the substituted species
                                                                                                      as dolphinfish.                                       (e.g., rockfish, porgy, other snappers)
                                              alphabetical order. (Appendix A to this                    Grouper: Grouper refers to a group of
                                              final notice lists the scientific names for                                                                   presenting a risk to human health due
                                                                                                      species in the family Serranidae that are
                                              these species and/or species groups.)                                                                         to parasites and natural toxins.
                                                                                                      legally fished and sold under the names
                                              Brief summaries of the Working Group                    grouper and spotted grouper. Grouper,                    Sea Cucumber: Sea cucumber is an
                                              findings are presented here. Detailed                   as a species group, has a history of                  IUU fishing concern, due to the lack of
                                              presentation of the data considered by                  fisheries violations, and lacks a catch               enforcement capability and known
                                              the Working Group and its deliberations                 documentation scheme throughout the                   illegal harvesting and smuggling
                                              is protected from disclosure because of                 geographic range of fishing activity for              associated with this species. This
                                              data confidentiality and enforcement                    the species group. Additionally, this                 species also lacks a catch
                                              implications.                                           global species is transshipped, and                   documentation scheme throughout the
                                                 Abalone: Abalone is considered to be                 processed both at the local level and at              geographic range of fishing activity and
                                              at-risk due to enforcement concerns.                    regionally-located or third-country                   is subject to a significant amount of
                                              The fishery has a history of poaching,                  processing plants. Grouper has a strong               transshipment. Although sea cucumber
                                              and there is a known black market for                   history of species substitution,                      is often sold live, it can also be
                                              this expensive seafood. The fishery is                  including substitution using seafood                  processed into a dried product for
                                              primarily conducted by small vessels                    that is of human health concern, such as              preservation. There are mislabeling
                                              close to shore, and does not require                    escolar (which has a Gempylotoxin                     concerns for sea cucumber, often tied to
                                              specialized gear, which makes it                        hazard).                                              falsification of shipping and export
                                              difficult to detect illegal harvest, despite               King Crab (red): King crab (red) has a             documentation to conceal illegally-
                                              some enforcement capability. In                         significant history of fisheries                      harvested product.
                                              addition to the IUU fishing risks for                   violations, and insufficient enforcement                 Sharks: ‘‘Sharks,’’ as included on the
                                              abalone, there is a history of species                  capability in some parts of the world.                at-risk species list, refers to a group of
                                              substitution where topshell is                          Additional IUU fishing risk is tied to the            species that are often sold as fins, with
                                              fraudulently marketed as abalone.                       lack of an effective catch documentation              some species also sold as steaks or filets.
                                                 Atlantic Cod: Atlantic cod has been                  scheme throughout the geographic range                Depending upon the product form,
                                              the subject of species substitution with                of fishing activity, despite rigorous                 differentiating between species in this
                                              other white fish, and mislabeling due to                reporting requirements in some areas,                 broad group is a challenge without
                                              over-glazing (ice coating), and short-                  including the United States. King crab is             identification guides or DNA testing.
                                              weighting. Despite enforcement                          at risk of seafood fraud, mostly due to               This led the Working Group to group all
                                              capability, Atlantic Cod have been                      misrepresentation of product origin, as               shark species together to assess risks.
                                              targets of IUU fishing in parts of the                  well as some species substitution.                    Sharks as a species group have a history
                                              geographic range of the species.                        Further, King crab is often transshipped              of fishing violations because they are
                                              Additional IUU fishing risk is tied to a                before entering the United States, which              processed and transshipped, and there
                                              lack of an effective catch documentation                increases the IUU fishing and seafood                 is a lack of enforcement capability
                                              scheme throughout the geographic range                  fraud risks.                                          throughout the geographic range of
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                                              of fishing activity, despite rigorous                      Pacific cod: Pacific cod is a species at           fishing activity. There is a global trade
                                              reporting requirements in some areas                    risk of IUU fishing despite significant               in shark fins that is a known
                                              including the United States.                            enforcement capability associated with                enforcement concern. In addition to the
                                                 Blue Crab: Atlantic Blue crab is sold                this fishery. Pacific cod is a target of              IUU fishing risks associated with sharks,
                                              in a number of different forms from live                global IUU fishing operators and has a                there are fraud concerns tied to the sale
                                              animals to significantly processed crab                 clear history of fishing violations. It is            of imitation shark fin, which has been
                                              meat. In the crabmeat product form                      also subject to highly globalized                     labeled as shark fin.


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                                                                            Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices                                           66871

                                                 Shrimp: Shrimp is produced through                   that includes comingling of species and               mechanisms to address those risks, are
                                              both aquaculture and wild harvest. The                  transshipments. Further, there is a                   not being listed as at-risk species in this
                                              Working Group found that shrimp is at                   history of some species substitutions,                Notice.
                                              risk of IUU fishing activity due to the                 with most instances involving                            Toothfish has been known,
                                              history of fishery violations. Shrimp is                substitution of one tuna species for
                                                                                                                                                            historically, as a species with IUU
                                              also often processed and co-mingled,                    another. Additionally, there have also
                                                                                                                                                            fishing concerns, which led to the
                                              which can make it vulnerable to seafood                 been instances of escolar, which can
                                              fraud. There is a significant amount of                 contain a toxin, being substituted for                development, by the Commission for the
                                              mislabeling and/or misrepresentation of                 albacore tuna.                                        Conservation of Antarctic Marine Living
                                              shrimp, tied largely to                                    The Working Group sought public                    Resources (CCAMLR), of a number of
                                              misrepresentation of weight, including                  comment specifically on how to narrow                 monitoring tools including a
                                              where product has been treated with                     the scope of tunas on the list of at-risk             comprehensive catch documentation
                                              Sodium Tripolyphosphate to increase                     species. Public comment received                      scheme. Without the existing level of
                                              water retention (the lack of labeling is                highlighted that the risk levels vary                 reporting, documentation, and
                                              fraudulent, not the use of Sodium                       greatly depending on species. The                     enforcement capability, including
                                              Tripolyphosphate). Mislabeling is also a                Working Group further discussed the                   through measures adopted by CCAMLR,
                                              concern because aquacultured product                    variability of the risk levels for IUU                for this species, the Working Group
                                              is sometimes labeled as wild caught and                 fishing and seafood fraud on a species                would have found it to be at-risk.
                                              product origin is sometimes falsified.                  by species basis. The Working Group
                                                                                                                                                               The Working Group found that while
                                              Additionally, there is a history of                     has determined that Bluefin tuna
                                                                                                      species are at a lower risk of IUU fishing            existing measures do not eliminate risk
                                              substitution of one species of shrimp for
                                                                                                      and seafood fraud than other tuna                     for toothfish, they mitigate the IUU
                                              another when imports cross the border
                                              into the United States.                                 species and has determined that it                    fishing and seafood fraud risks to such
                                                 Swordfish: Swordfish are at risk of                  should not be included on the list of at-             a level that the Working Group is not
                                              both IUU fishing and seafood fraud.                     risk species. This decision reflects our              listing toothfish as an at-risk species for
                                              Swordfish are a highly migratory                        conclusion that two of the principles                 the first phase of the traceability
                                              species and their range crosses                         analyzed demonstrate that there is a                  program.
                                              numerous jurisdictions, including the                   lower risk of IUU and seafood fraud as                   In the United States, seafood sold as
                                              high seas. There is a history of fisheries              compared to other tunas. First, there are             catfish must be from the family
                                              violations in certain swordfish fisheries               robust catch documentation scheme in                  Ictaluridae per section 403(t) of the
                                              and regions, in addition to a lack of                   place for Atlantic bluefin tuna and                   Federal Food, Drug, and Cosmetic Act
                                              enforcement capability. The United                      Southern bluefin tuna entering the U.S.               (21 U.S.C. 343(t)). There is a strong
                                              States does, however, implement a                       market, which are implemented through                 history of species substitution, in which
                                              statistical document program for                        Regional Fisheries Management
                                                                                                                                                            non-Ictaluridae species are sold as
                                              swordfish pursuant to the International                 Organizations. Bluefin tuna was
                                              Commission for the Conservation of                      historically a target of IUU fishing and              catfish. Some of this species
                                              Atlantic Tunas (ICCAT) to help mitigate                 thus had a catch documentation scheme                 substitution has been tied to
                                              IUU fishing and seafood fraud risk. This                implemented for two of the three                      Siluriformes species, which could have
                                              document is required for all swordfish                  species world-wide, which are the two                 a drug hazard associated with them, as
                                              product entering the United States,                     species comprising the vast majority of               well as other species that have been
                                              regardless of the product form or ocean                 Bluefin that enters U.S. Commerce. A                  found contaminated with prohibited
                                              area where it was harvested, although it                catch documentation scheme is under                   chemicals and pharmaceuticals. In
                                              does not provide the full range of                      development for Pacific Bluefin tuna.                 addition to species substitution, there is
                                              information that would likely be                        The existing catch documentation                      a history of other mislabeling issues,
                                              expected in a traceability program,                     scheme for Bluefin tuna does not                      including product origin and failure to
                                              particularly for fish harvested outside                 eliminate all risk of IUU fishing, but it             accurately label product that has been
                                              the Atlantic, which are not a part of the               mitigates the risk to a low level. Second,            treated with carbon monoxide.
                                              program. Swordfish is commonly                          Bluefin tuna does not have the history                   These risks were discussed and are
                                              transshipped and is also at risk of                     of species substitution that other tunas
                                                                                                                                                            fully recognized by the Working Group.
                                              species substitution with mako shark.                   have, in part because of its different
                                                 Tunas: Tunas are a high volume and                                                                         However, there is a rulemaking on
                                                                                                      color and texture compared to other
                                              high value species group that includes                  tunas, as well as the sophistication of               catfish inspection (http://
                                              five main species: Albacore, bigeye,                    Bluefin buyers, in discerning Bluefin                 www.reginfo.gov/public/do/eAgenda
                                              skipjack, yellowfin, and the bluefins.                  from other fish. Although the Working                 ViewRule?pubId=201410&RIN=0583-
                                              There is a history of fisheries violations              Group recognizes that there may be                    AD36) under development, separate
                                              in certain tuna fisheries and in certain                further variance in risk level among the              from the NOC Committee and Working
                                              regions. Further, harvesting,                           three Bluefin species, we have chosen to              Group actions. Once in effect, this
                                              transshipment, and trade patterns for                   remove all three stocks, so as not to                 pending rulemaking may mitigate risks
                                              tunas can be complex, in particular for                 create any incentive for new species                  identified by the Working Group.
                                              certain value-added products. While                     substitution schemes among the three                  Taking into consideration the
                                              there are multilateral management and                   Bluefin species.                                      underlying principle of the Task Force
                                              reporting measures in place for many                                                                          to maximize the use of existing
                                                                                                      Programs To Mitigate Risk
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                                              stocks within the tuna species group,                                                                         resources and expertise from across the
                                              these management and reporting                             Through the application of the                     federal government through increased
                                              mechanisms vary in terms of                             principles for determining at-risk                    federal agency collaboration, the
                                              information standards and requirements                  species, the Working Group identified                 Working Group did not include catfish
                                              and some do not provide a complete                      two species—toothfish and catfish—that                on this initial list of at-risk species.
                                              catch documentation scheme. Tunas are                   had a number of risk factors for IUU
                                              also subject to complicated processing                  fishing or seafood fraud but, due to


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                                              66872                         Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices

                                              Summary of Comments in Response to                      3. Data Used Should Be From a Longer                     Response: The Working Group used
                                              Draft Principles and Draft List of At-                  Time Period                                           history of fisheries violations as a
                                              Risk Species (80 FR 45955, August 3,                       Comment: The Working Group                         principle, which covers incidents from
                                              2015)                                                   received public comment that a longer                 all vessels.
                                                 In response to the August 3, 2015,                   time horizon would afford more data on                7. Equality
                                              Federal Register notice (described                      violations and more ability to see trends
                                              above), and following outreach to                       over time.                                               Comment: Numerous comments were
                                              foreign nations, the Working Group                                                                            received regarding equality. The
                                                                                                         Response: The Working Group agrees
                                              received 101 unique written comments                                                                          majority of the comments received were
                                                                                                      that looking at a longer time horizon
                                              from fishing industry groups both                                                                             tied to equality from one nation to
                                                                                                      would produce more data from the
                                              domestic and abroad, non-governmental                                                                         another. These comments included
                                                                                                      databases utilized; however it would
                                              organizations, foreign nations, and                                                                           requests that countries be treated
                                                                                                      potentially decrease the accuracy of the
                                              interested citizens. The comments                                                                             equally in the analysis for identifying at-
                                                                                                      determination regarding current risk.
                                              covered a breadth of issues pertaining to                                                                     risk species, as well as comments
                                                                                                      There have been efforts made in most
                                              seafood traceability. The Working Group                                                                       outside of the scope of this comment
                                                                                                      fisheries to decrease the level of risk,
                                              considered all public comments, and                                                                           request, pertaining to the equal and
                                                                                                      and the Working Group does not think
                                              has provided responses to all relevant                                                                        evenhanded implementation of the
                                                                                                      that data from further back than five
                                              issues raised by comments below. We                                                                           pending traceability program.
                                                                                                      years accurately depicts the current
                                              have not responded to comments that                     status of fisheries.                                     Response: The Working Group
                                              were outside the scope of the public                                                                          applied each of the principles for
                                              comment request and that may be more                    4. Using Additional Authorities                       determining risk level evenly and
                                              relevant to future steps in the process,                   Comment: Comment was received                      equally. The principles were applied
                                              e.g., the pending rulemaking on the                     regarding the legal authorities for the               equally to domestically-landed species
                                              design and implementation of the                        rulemaking and regulatory process that                and imported species.
                                              traceability system.                                    will implement a seafood traceability                 8. IUU Fishing Should Be Separate
                                              1. Decision-making Transparency                         program for the species listed as at-risk.            From Seafood Fraud
                                                                                                         Response: This comment is outside
                                                 Comment: The Working Group                                                                                    Comment: The working group
                                                                                                      the scope of this public comment
                                              received numerous public comments                                                                             received a couple of comments that
                                                                                                      request. The rulemaking process will
                                              requesting additional information on                                                                          seafood fraud and IUU fishing are
                                                                                                      provide an opportunity for public
                                              what data was used in making the                                                                              separate and should be analyzed as
                                                                                                      comment on the proposed seafood
                                              species risk determinations, as well as                                                                       such.
                                                                                                      traceability program and this comment
                                              what experts were a part of the process.                                                                         Response: The Working Group agrees
                                                 Response: This notice specifies all                  would be more appropriately directed
                                                                                                      toward that process.                                  and recognizes the difference between
                                              government offices that contributed data                                                                      IUU fishing and seafood fraud. We
                                              and expertise. The data came from                       5. Country Specific Risk/Country of                   recognize that, for example, they may
                                              across the U.S. Federal government and                  Origin Based                                          occur at different points in the supply
                                              included government-verifiable data,                                                                          chain from harvest to entry into U.S.
                                              such as that of certain Regional                           Comment: The Working Group
                                                                                                      received numerous comments,                           commerce; however the Working Group
                                              Fisheries Management Organizations.                                                                           believes they are a part of the same
                                              As noted earlier, details of the results                including from many foreign nations
                                                                                                      that species risk should be tied to                   system. The Working Group developed
                                              have not been included because much
                                                                                                      country of origin.                                    principles, informed by public
                                              of the data reviewed are sensitive and/
                                                                                                         Response: The Working Group                        comment, which are specific to the
                                              or confidential, and could compromise
                                                                                                      acknowledges that the risk of IUU                     different components. For example,
                                              the integrity of individual businesses,
                                                                                                      fishing will vary depending on the                    under the principles applied by the
                                              systems or enforcement capability if
                                                                                                      origin of catch and country of                        Working Group, the history of fishery
                                              released.
                                                                                                      processing. However, the Working                      violations is specific to the concept of
                                              2. Approach for Analysis Should Be                      Group used enforcement capability and                 IUU fishing, whereas species
                                              Quantitative                                            history of fisheries violations when                  misrepresentation is specific to seafood
                                                 Comment: We received comment that                    determining the at-risk species to                    fraud. When analyzing a species, the
                                              the application of principles should be                 capture this element of the risk analysis             Working Group applied each principle
                                              quantitative, and use numbers and a                     because these more directly represent                 individually and then analyzed the
                                              systematic data driven approach.                        risk. These principles already take into              resulting findings across the supply
                                                 Response: The Working Group                          account fisheries identified in NOAA’s                chain for both IUU fishing and seafood
                                              partially agrees. We used systems and                   biennial report to Congress as                        fraud.
                                              expertise to apply the principles for                   implicated in IUU fishing (see 16 U.S.C.              9. Enforcement of Existing Laws
                                              determining seafood species at-risk of                  1826h). In addition, the Working Group
                                              IUU fishing or seafood fraud evenly, and                does not believe it is useful or                        Comment: Public comment
                                              did not give any individual principle                   appropriate to establish a principle                  encouraged the enforcement and
                                              more weight than another. The                           based on country of origin.                           application of existing laws before
                                              application of these principles was not                                                                       creating new laws.
                                                                                                      6. Vessel Specific
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                                              entirely quantitative, however, as some                                                                         Response: This notice, which
                                              of the information we used was not                        Comment: The Working Group                          identifies at-risk species, does not, in
                                              quantitative. Incidents of illegal fishing              received a comment that the risk level                and of itself, create any new legal
                                              and incidents of fraudulent activity vary               and the application of the traceability               requirements. Establishment of the
                                              in scope and scale from one to the next                 program should be vessel specific, as                 seafood traceability program through a
                                              and the differences cannot be                           that is the appropriate level at which to             future rulemaking, as well as the
                                              numerically calculated.                                 assess risk.                                          resources devoted to implementation of


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                                                                            Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices                                          66873

                                              current laws, are outside the scope of                  type should be a principle for                          Response: The Working Group agrees
                                              this comment request.                                   determining at-risk species.                          with the potential correlation between
                                                                                                         Response: The Working Group                        vessel ownership transparency and the
                                              10. Combatting IUU Fishing Requires                     acknowledges that fishing gear used in                potential for IUU fishing. This was
                                              Focus on Flag State, Port State, and                    IUU fishing can sometimes include                     addressed in the Working Group’s
                                              Market State                                            illegal gear types that are indiscriminate            discussions about enforcement
                                                 Comment: The Working Group                           and can have higher environmental                     capability; however there is not
                                              received comment that proposing a list                  impacts than legal gear types. However,               sufficient data available to analyze this
                                              of at-risk species and the following                    the Working Group does not believe that               as a principle for determining at-risk
                                              implementation of a seafood traceability                gear type alone is a sufficiently strong              species.
                                              program focuses solely on the market                    determinant of IUU fishing or seafood
                                                                                                      fraud risk, and use of illegal gear types             15. Complex Chain of Custody
                                              drivers of IUU fishing and seafood
                                              fraud, and does not approach Flag State                 was covered through the information
                                                                                                                                                               Comment: The Working Group
                                              and Port State measures. The                            collected on enforcement capability and
                                                                                                                                                            received multiple comments on using
                                              commenter stated that all three are                     history of violations.
                                                                                                                                                            the complexity of the chain of custody
                                              critical components to combatting IUU                   13. Human Rights and/or Human                         as a principle for determining IUU
                                              fishing and seafood fraud, and that a                   Trafficking Concern                                   fishing risk. Many commenters agreed
                                              narrow focus would limit effectiveness.                                                                       with the inclusion of this as a principle,
                                                                                                         Comment: Numerous comments were
                                                 Response: The Presidential Task                                                                            while another group suggested there
                                                                                                      received recommending that a history of
                                              Force on Combatting IUU Fishing and                                                                           was no connection between IUU fishing
                                                                                                      human rights violations or human
                                              Seafood Fraud Action Plan contains 15                   trafficking concerns should be a                      and chain-of-custody complexity. The
                                              recommendations. This series of                         principle used to identify species at risk            latter group requested more information
                                              Federal Register notices pertained only                 of IUU fishing and seafood fraud.                     on the relationship between the level of
                                              to one component of recommendation                         Response: Human rights and human                   processing or chain-of-custody
                                              15, the identification of principles for                trafficking are issues in the fishing                 complexity and the risk of IUU fishing.
                                              determining at-risk species and the                     industry that warrant consideration and               We also received public comment
                                              initial list of at-risk species. Other Task             action, but are not in and of themselves              stating that the two are not related, and
                                              Force recommendations focus on Flag                     determinative of IUU fishing and                      thus this principle should not be used
                                              State and Port State measures, from                     seafood fraud. The Administration is                  to determine at-risk species.
                                              actions on enforcement capacity                         addressing these issues in a variety of                  Response: The Working Group does
                                              building to working on obtaining entry                  ways. On March 15, 2012, President                    not believe that a complex chain of
                                              into force of the Port State Measures                   Obama called on his cabinet to                        custody or high level of processing
                                              Agreement.                                              strengthen federal efforts to combat                  necessarily signifies fraudulent product
                                              11. Biological Vulnerability/Overfished/                human trafficking and to expand                       or a connection to IUU fishing. In the
                                              Overfishing Should Be a Principle                       partnerships with civil society and the               more complex chains of custody,
                                                                                                      private sector. The President’s                       however, there are more opportunities
                                                 Comment: The Working Group                           Interagency Task Force to Monitor and                 for mixing illegally caught fish with
                                              received comments requesting that a                     Combat Trafficking in Persons (PITF)                  legally caught fish, and for mislabeling,
                                              principle for determining at-risk species               and its operational arm, the Senior                   thereby increasing the risk of IUU
                                              be tied to the biological vulnerability                 Policy Operating Group (SPOG), bring                  fishing or seafood fraud.
                                              and/or status of a species. Commenters                  together federal departments and                      Transshipments make tracking the chain
                                              note that as a species is overfished, the               agencies to ensure a whole-of-                        of custody harder and present
                                              risk of IUU fishing can increase.                       government approach that addresses all                opportunities to commingle legally and
                                                 Response: The Working Group                          aspects of human trafficking—                         illegally caught fish. Seafood that
                                              acknowledges that the sustainability of                 enforcement of criminal and labor laws,               undergoes a high amount of processing
                                              fisheries resources is a priority for                   development of victim identification                  and enters U.S. Commerce through a
                                              NOAA under the Magnuson-Stevens                         and protection measures, support for                  long chain of custody may often be legal
                                              Fishery Conservation and Management                     innovations in data gathering and                     and not fraudulent, but that does not
                                              Act (MSA), 16 U.S.C. 1801 et seq. Some                  research, education and public                        negate the increased risk. Therefore, the
                                              vulnerable species identified in public                 awareness, enhanced partnerships and                  Working Group had retained complexity
                                              comments such as sharks, sturgeon                       research opportunities, and strategically             in the chain of custody as a principle for
                                              caviar, and abalone were added to the                   linked foreign assistance and diplomatic              determining at-risk species.
                                              base list and analyzed by the Working                   engagement. For more information on
                                              Group. The Working Group agrees that                    the Administration’s effort to combat                 16. Harmful Antibiotics and Human
                                              as legal catch limits on a species are                  Trafficking of Persons, please visit                  Health Risk
                                              tightened, the incentive for IUU fishing                http://www.state.gov/j/tip/
                                              often increases. However, the main                                                                               Comment: The Working Group
                                                                                                      response/usg/.
                                              focus of this process is to identify                                                                          received comment requesting that in the
                                              species at risk of IUU fishing or seafood               14. Transparency of Vessel Ownership                  application of the human health risk
                                              fraud and enforcement capability and                       Comment: The Working Group                         principle, we extend our assessment of
                                              history of violations are better indicators             received comment recommending that                    risk to harmful antibiotic use.
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                                              of IUU fishing risk than species                        the transparency of vessel ownership be                  Response: The application of the
                                              sustainability.                                         used as a principle for determining                   human health risk principle did include
                                                                                                      species at risk of IUU fishing and                    the use of harmful or unlawful
                                              12. Gear-Type
                                                                                                      seafood fraud. The comment suggests                   antibiotic use. This principle does not,
                                                 Comment: The Working Group                           that convoluted vessel ownership and                  however, include the use of legal and
                                              received a comment that the risk of IUU                 flags of convenience are often tied to                non-harmful antibiotic use in
                                              fishing is tied to gear type, and that gear             IUU fishing.                                          aquaculture practice.


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                                              66874                         Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices

                                              17. Weighting of Principles                             removed from the list of at-risk species              contribute adequate resources both
                                                Comment: The Working Group                            because aquacultured species are not                  domestically and in capacity building
                                              received public comment both                            subject to IUU fishing.                               abroad to implement the pending
                                              requesting clarification on whether we                    Response: Both wild caught and                      traceability program effectively. A
                                              weighted some principles more heavily                   aquacultured seafood can be at risk of                separate comment was also received
                                              than others, as well as comment                         seafood fraud (e.g., farmed shrimp                    stating that no additional government
                                              requesting that we do so.                               mislabeled as wild-caught) and                        resources should be spent on
                                                Response: The Working Group                           therefore both are included on the list               implementing the pending program.
                                              considered all of the principles without                of at-risk species.                                      Response: Implementation of the
                                              giving weights to them. The discussion                                                                        seafood traceability program is outside
                                                                                                      21. Consistency and Coordination With
                                              for each species evaluated covered all of                                                                     the scope of this Federal Register
                                                                                                      the Marine Mammal Rule
                                              the principles and the findings                                                                               Notice, however, the Working Group
                                              associated for each, and the Working                      Comment: Public comment was                         notes that the Action Plan does not call
                                              Group reviewed the suite of risks as a                  received regarding the relationship                   for additional government resources for
                                              whole picture, without any one                          between this list of at-risk species, the             this effort.
                                              principle having a designated higher                    pending seafood traceability program,
                                                                                                      and the proposed rulemaking                           25. United Nations Food and
                                              level of importance.                                                                                          Agricultural Organization (FAO) Catch
                                                                                                      promulgated under the Marine Mammal
                                              18. Number of Species                                   Protection Act (MMPA). The proposed                   Documentation Scheme
                                                 Comment: The Working Group                           MMPA rule aims to reduce marine                          Comment: The Working Group
                                              received comments requesting both that                  mammal bycatch associated with                        received comment that FAO has begun
                                              all species be part of the first phase of               commercial fishing operations. Under                  discussions about implementing a catch
                                              the pending traceability program as well                the proposed MMPA rule, nations                       documentation scheme and that we
                                              as comments requesting that the list of                 wishing to export fish and fish products              should use their deliberations to inform
                                              at-risk species be limited to two to three              to the United States must demonstrate                 our pending program.
                                              species.                                                they have a regulatory program for                       Response: The traceability program as
                                                 Response: The Action Plan specifies                  reducing marine mammal incidental                     outlined in the Action Plan is to be in
                                              that the Working Group is to prioritize                 mortality and serious injury that is                  at least two parts. The first phase
                                              species at risk of IUU fishing and                      comparable in effectiveness to the U.S.               applies to species most at risk of IUU
                                              seafood fraud in the first phase of a                   program.                                              fishing and seafood fraud and, by
                                              seafood traceability program that could                   Response: The MMPA proposed                         December 2016, an evaluation of the
                                              eventually be expanded to cover all                     rulemaking is focused on reducing                     program will be conducted to inform a
                                              species. As directed by the Task Force,                 marine mammal bycatch, unlike this                    possible program expansion to all
                                              the Working Group completed a data                      Federal Register Notice, which                        species. The FAO deliberations, if
                                              driven analysis and listed species                      identifies species at risk of IUU fishing             contemporary to the predetermined
                                              determined to be most at risk of IUU                    and seafood fraud. However, NOAA                      timeline for the U.S. program, could
                                              fishing or seafood fraud. This exercise                 recognizes the importance of ensuring                 prove useful, as could additional work
                                              was not predicated on creating a list                   that its programs are consistent and                  being contemplated by the FAO related
                                              with a certain number of species, rather                coordinated.                                          specifically to traceability.
                                              the focus was on the most at-species,
                                                                                                      22. ‘‘High Volume,’’ ‘‘High Visibility’’              26. Existing Efforts To Combat IUU
                                              regardless of the numerical results.
                                                                                                        Comment: A commenter requested                      Fishing and Seafood Fraud
                                              19. The Substitute Species Should Be                    clarification regarding the meaning of                  Comment: The public comment
                                              Tracked (e.g., Blue Swimming Crab)                      the terms ‘‘high volume’’ and ‘‘high                  highlighted the importance of not
                                                 Comment: Public comment received                     visibility’’ species when referring to                duplicating efforts of existing programs
                                              recommended that the traceability                       tunas, in the Federal Register notice                 and enforcement that target IUU fishing
                                              program track both the at-risk species                  with the draft list of at-risk species.               and seafood fraud.
                                              and the species that are substitutes for                  Response: In using those terms, the                   Response: The Working Group agrees,
                                              those targets. For example, Atlantic Blue               Working Group was trying to highlight                 and the Presidential Task Force to
                                              Crab is on the list of at-risk species, in              that this is a popular group of species               Combat IUU Fishing and Seafood Fraud
                                              part because Blue Swimmer Crab is                       in the U.S. market. Tuna is a high                    and the Action Plan both support the
                                              known to be mislabeled and                              volume import, and the text should                    idea of coordination, not duplication.
                                              fraudulently marketed under the                         have read that is it also a ‘‘high value’’            27. Third Party Certification
                                              Atlantic Blue Crab name. The                            species.
                                              recommendation from public comment                                                                               Comment: The Working Group
                                              is that both are at-risk of seafood fraud               23. Use Scientific Names                              received public comment requesting
                                              and, therefore, both the target and the                    Comment: The Working Group                         clarification on whether third party
                                              substitute should be tracked.                           received numerous comments                            certification (e.g., Marine Stewardship
                                                 Response: The Working Group                          requesting that scientific names be used              Council) would exempt product from
                                              believes that the species at risk of fraud              to in the list of at-risk species, for                the pending seafood traceability
                                              is the one that other species are used to               greater clarity.                                      program. Comment was also received
                                              imitate and that, at this time, tracking of                Response: The Working Group agrees                 recommending that product should be
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                                              the target species is the most efficient                with this comment, and has included an                exempt if it is certified by a third party.
                                              approach.                                               appendix of the scientific names for the                 Response: Implementation of the
                                                                                                      at-risk species.                                      traceability program, including any
                                              20. Aquaculture Species                                                                                       potential exemptions, is beyond the
                                                Comment: Commenters requested that                    24. Government Resources                              mandate of the Working Group and
                                              aquaculture species be exempt from the                    Comment: Comments were received                     outside the scope of this Federal
                                              pending traceability program, and                       recommending that the U.S. government                 Register Notice. It will be addressed in


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                                                                            Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices                                          66875

                                              the forthcoming rulemaking related to                   labeled appropriately. The mislabeling                by the Institute of Food Technologists
                                              the traceability program.                               principle addressed the fraudulent                    (IFT). The projects will help determine
                                                                                                      practice of failing to properly label                 which data are most needed to trace a
                                              28. Fraud in the United States
                                                                                                      product that has been treated.                        product that is in the market back to a
                                                 Comment: The Working Group                                                                                 common source and, once the
                                              received comments on the level of fraud                 Canned Tuna
                                                                                                                                                            contaminated ingredient is identified, to
                                              that happens with seafood inside U.S.                      Comment: Public comments noted                     trace the product forward to know
                                              commerce, once seafood has entered                      that the majority of tuna in the United               where it has been distributed. IFT has
                                              into our markets. Comments requested                    States is from canning companies that                 recommended steps for traceability
                                              information on how the pending                          have industry-run traceability programs               improvement, and the information is
                                              traceability program will address the                   for contamination and human health                    still under review and we cannot make
                                              amount of fraud that happens once                       reasons and thus have a lower level of                any comparative analyses.
                                              seafood is inside U.S. markets.                         IUU fishing and fraud risk.
                                                 Response: The scope of the                              Response: The Working Group agrees                 33. Cooked Seafood
                                              traceability program is beyond the                      that some canned tuna may have a                        Comment: The Working Group
                                              mandate of the Working Group and                        lower level of IUU fishing and seafood                received comment requesting
                                              outside the scope of this Federal                       fraud risk than other product forms.                  clarification as to whether the pending
                                              Register Notice. It will be addressed in                This is based both upon the existence                 seafood traceability program would
                                              the forthcoming rulemaking related to                   and potential effectiveness of industry               extend to cooked seafood, which is
                                              the traceability program.                               led traceability programs for canned                  exempted from the Country of Origin
                                                                                                      tuna, and the fact that canned product                Labeling (COOL) protocols.
                                              29. Chain of Custody Principle                          that enters U.S. commerce as ‘‘dolphin                  Response: The product types that will
                                              Discriminates Against Imports                           safe,’’ is required to have a statement               be a part of the program will be
                                                 Comment: One commenter noted that                    from the captain of the harvest vessel                delineated in the traceability rule-
                                              using complex chain of custody as a                     thus tying the product to the harvest                 making process and are beyond the
                                              principle will discriminate against                     vessel. The Working Group notes that                  scope of this Federal Register Notice.
                                              imports.                                                the potentially lower level of risk for
                                                 Response: The Working Group                          canned tuna products could be                         34. Base List of Species
                                              disagrees. The Working Group                            considered in the application of the data                Comment: The Working Group
                                              considered the frequency of                             collections requirements of the                       received a public comment that the base
                                              transshipment, complexity of                            forthcoming proposed traceability                     list of species examined was skewed
                                              processing, and complexity of the                       program or be addressed through the                   toward high value species, and the focus
                                              supply chain (especially with respect to                voluntary Trusted Trader Program to be                should be broadened to include mass-
                                              the potential for fish to be comingled)                 developed by the Departments of                       market fish.
                                              equally for domestically-harvested and                  Commerce and Homeland Security per                       Response: Initially the Working Group
                                              imported fish.                                          Recommendations 14 and 15 of the                      looked at both high value and high
                                                                                                      Action Plan.                                          volume fisheries, but many of the high
                                              30. Carbon Monoxide                                                                                           volume fisheries were also high value
                                                 Comment: One comment was received                    32. Bioterrorism Act of 2002                          fisheries. Generally the only high
                                              concerning the use of carbon monoxide                      Comment: The Working Group                         volume fisheries that did not meet the
                                              to improve the color of fish to make it                 received a comment requesting                         value threshold were from bait fish
                                              appear fresh. The commenter was                         clarification on the relationship between             fisheries. Therefore, the Working Group
                                              concerned that this practice creates an                 the pending traceability program and                  concluded a separate look at high
                                              unfair market for local seafood that is                 this Bioterrorism Act of 2002.                        volume fisheries was not useful. There
                                              fresh and untreated with carbon                            Response: The Bioterrorism Act of                  were a number of lower value, but
                                              monoxide. Another commenter was                         2002 required FDA to establish                        higher volume (mass market), stocks
                                              concerned about our inclusion of carbon                 requirements for the creation and                     analyzed using the standards noted as
                                              monoxide as an example of fraud, as it                  maintenance of records needed to                      part of the base list. However, the level
                                              is legal to use.                                        determine the immediate previous                      of risk associated with many of them
                                                 Response: The Working Group                          sources and the immediate subsequent                  did not warrant having them on a list of
                                              recognizes the concerns raised by these                 recipients of food, (i.e., one up, one                species at risk of IUU fishing and
                                              comments. The use of carbon monoxide                    down). Such records are to allow FDA                  seafood fraud.
                                              is legal; however, the product must be                  to address credible threats of serious
                                              labeled appropriately. The mislabeling                  adverse health consequences or death to               35. European Union (EU) IUU Seafood
                                              principle addressed the fraudulent                      humans or animals. Entities subject to                Certification
                                              practice of failing to properly label                   these provisions are those that                         Comment: A number of comments
                                              product that has been treated.                          manufacture, process, pack, transport,                included discussion of the EU approach
                                                                                                      distribute, receive, hold or import food.             to combatting IUU fishing, which is
                                              31. Tripolyphosphate                                    Farms and restaurants are exempt from                 country-of-origin based, rather than
                                                 Comment: The Working Group                           these requirements.                                   species-based.
                                              received a comment that expressed                          To carry out this provision in the                   Response: The Working Group is
                                              concern about our inclusion of                          Bioterrorism Act, the Food Safety                     implementing the recommendations of
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                                              Tripolyphosphate as an example of                       Modernization Act (FSMA) was enacted                  the Presidential Task Force on
                                              fraud associated with shrimp, as it is                  and it included enhancing tracking and                Combatting IUU fishing and Seafood
                                              legal to use.                                           tracing of food and recordkeeping.                    Fraud, which outlines a species specific
                                                 Response: The Working Group                          Under FSMA, FDA, working with the                     approach as the basis for the first phase
                                              recognizes the concerns raised by these                 U.S. Department of Agriculture (USDA)                 of the traceability scheme. As noted
                                              comments. The use of Tripolyphosphate                   and State agencies, has established two               above, the Working Group does not
                                              is legal; however, the product must be                  product tracing pilot projects carried out            believe it is appropriate to establish a


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                                              66876                                   Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices

                                              principle based on country of origin. In                                     Response: Lobster, Mackerel, Pollock,                               Anchovies; Eels; Flounder (Southern
                                              addition, the U.S. government does not                                    Salmon, Snow crab, and Squid were                                      and Summer); Octopus; Queen Conch;
                                              have active involvement with the EU                                       evaluated by the Working Group                                         Weakfish; Skates and Rays. All of these
                                              country-based IUU fishing risk                                            previously. The Working Group has                                      species were evaluated using the same
                                              identification system. Therefore, the                                     confirmed that its earlier assessment of                               principles and methodology applied to
                                              Working Group did not include a                                           the species was accurate. Specific to the                              the previously analyzed species. The
                                              principle that would identify at-risk                                     requests to have all snappers on the list,                             Working Group did not find enough risk
                                              species based on whether they are                                         the Working Group determined that the                                  across the suite of principles to warrant
                                              associated with nations that have been                                    species that is most at-risk for IUU                                   adding any of the newly suggested
                                              issued a yellow or red card under the                                     fishing and seafood fraud is Red                                       species to the final list of at-risk species.
                                              EU system. However, to the extent                                         Snapper, and that the other snappers are                               37. Emphasis on Unregulated and
                                              available, information generated or                                       generally used as a substitute for Red                                 Unreported Catch
                                              collected pursuant to the EU system that                                  Snapper. Thus the Working Group did
                                              could be relevant to other principles                                     not expand the at-risk species to include                                Comment: A comment was received
                                              used by the Working Group, such as                                        all snappers. Totoaba, was requested for                               suggesting the Working Group needed to
                                              enforcement capability and history of                                     addition through public comment, but                                   increase attention on unregulated and
                                              fisheries violations for specific species,                                was not evaluated. Totoaba is listed as                                unreported catch, while another
                                              was considered.                                                           endangered under the Endangered                                        comment suggested the Working Group
                                                                                                                        Species Act (ESA), and is listed in                                    needed to pay less attention to
                                              36. Additional Species                                                    Appendix 1 of the Convention on                                        unregulated and unreported catch.
                                                                                                                        International Trade in Endangered                                        Response: Illegal, unregulated and
                                                 Comment: The Working Group
                                                                                                                        Species of Wild Fauna and Flora                                        unreported catch all have negative
                                              received many comments requesting
                                                                                                                        (CITES) as threatened with extinction.                                 impacts on the sustainability of fisheries
                                              that additional species be added to the
                                                                                                                        This listing eliminates legal trade and                                and on legal fishing businesses across
                                              list of at-risk species. The additional
                                                                                                                        negates the need for including Totoaba                                 the world. In its analysis, the Working
                                              species requested included: Anchovies,
                                                                                                                        on the list of at-risk species.                                        Group took into consideration
                                              All Snappers, Eels, Flounder, Lobster,
                                                                                                                                                                                               unregulated and unreported catch
                                              Mackerel, Pollock, Octopus, Salmon,                                          The Working Group reviewed the
                                                                                                                                                                                               concerns.
                                              Skates & Rays, Snow Crab, Squid,                                          following additional species, as
                                              Totoaba, and Weakfish.                                                    suggested through public comments:                                     Appendix 1

                                                                                                                       Scientific name
                                                              Common                                                                                                                    Family                                 Order
                                                                                                                  (to genus or to species)

                                              abalone .....................................       Haliotis spp .....................................................    Haliotidae ................................   GASTROPODA.
                                              albacore ....................................       Thunnus alalunga ...........................................          Scombridae ............................       SCOMBROIDEI.
                                              Atlantic cod ...............................        Gadus morhua ................................................         Gadidae ..................................    GADIFORMES.
                                              bigeye tuna ...............................         Thunnus obesus .............................................          Scombridae ............................       SCOMBROIDEI.
                                              blue crab ..................................        Callinectes sapidus .........................................         Portunidae ..............................     BRACHYURA.
                                              dolphinfish ................................        Coryphaena hippurus .....................................             Coryphaenidae .......................         PERCOIDEI.
                                              groupers ...................................        Aethaloperca spp ............................................         Serranidae ..............................     PERCOIDEI.
                                              groupers ...................................        Anyperodon spp ..............................................         Serranidae ..............................     PERCOIDEI.
                                              groupers ...................................        Caprodon spp .................................................        Serranidae ..............................     PERCOIDEI.
                                              groupers ...................................        Cephalopholis spp ..........................................          Serranidae ..............................     PERCOIDEI.
                                              groupers ...................................        Cromileptes spp ..............................................        Serranidae ..............................     PERCOIDEI.
                                              groupers ...................................        Dermatolepis spp ............................................         Serranidae ..............................     PERCOIDEI.
                                              groupers ...................................        Diplectrum spp ................................................       Serranidae ..............................     PERCOIDEI.
                                              groupers ...................................        Epinephelus spp .............................................         Serranidae ..............................     PERCOIDEI.
                                              groupers ...................................        Gracila spp ......................................................    Serranidae ..............................     PERCOIDEI.
                                              groupers ...................................        Hyporthodus spp .............................................         Serranidae ..............................     PERCOIDEI.
                                              groupers ...................................        Mycteroperca spp ...........................................          Serranidae ..............................     PERCOIDEI.
                                              groupers ...................................        Plectropomus spp ...........................................          Serranidae ..............................     PERCOIDEI.
                                              groupers ...................................        Saloptia spp ....................................................     Serranidae ..............................     PERCOIDEI.
                                              groupers ...................................        Triso spp .........................................................   Serranidae ..............................     PERCOIDEI.
                                              groupers ...................................        Variola spp ......................................................    Serranidae ..............................     PERCOIDEI.
                                              Pacific cod ................................        Gadus macrocephalus ....................................              Gadidae ..................................    GADIFORMES.
                                              red king crab ............................          Paralithodes camtschaticus ............................               Lithodidae ...............................    ANOMURA.
                                              red snapper ..............................          Lutjanus campechanus ...................................              Lutjanidae ...............................    PERCOIDEI.

                                                                                   All Sea Cucumber Species, including the below list from the Food and Agricultural Organization

                                              sea   cucumber       ...........................    Actinopyga spp ...............................................        Holothuriidae ..........................      HOLOTHUROIDEA.
                                              sea   cucumber       ...........................    Apostichopus spp ...........................................          Stichopodidae .........................       HOLOTHUROIDEA.
                                              sea   cucumber       ...........................    Astichopus spp ...............................................        Stichopodidae .........................       HOLOTHUROIDEA.
                                              sea   cucumber       ...........................    Athyonidium spp .............................................         Cucumariidae .........................        HOLOTHUROIDEA.
                                              sea   cucumber       ...........................    Australostichopus spp .....................................           Stichopodidae .........................       HOLOTHUROIDEA.
                                              sea   cucumber       ...........................    Bohadschia spp ..............................................         Holothuriidae ..........................      HOLOTHUROIDEA.
tkelley on DSK3SPTVN1PROD with NOTICES




                                              sea   cucumber       ...........................    Cucumaria spp ................................................        Cucumariidae .........................        HOLOTHUROIDEA.
                                              sea   cucumber       ...........................    Heterocucumis spp .........................................           Cucumariidae .........................        HOLOTHUROIDEA.
                                              sea   cucumber       ...........................    Holothuria spp .................................................      Holothuriidae ..........................      HOLOTHUROIDEA.
                                              sea   cucumber       ...........................    Isostichopus spp .............................................        Stichopodidae .........................       HOLOTHUROIDEA.
                                              sea   cucumber       ...........................    Molpadia spp ..................................................       Molpadiidae ............................      HOLOTHUROIDEA.
                                              sea   cucumber       ...........................    Paradota spp ..................................................       Chiridotidae ............................     HOLOTHUROIDEA.
                                              sea   cucumber       ...........................    Parastichopus spp ..........................................          Stichopodidae .........................       HOLOTHUROIDEA.



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                                                                                      Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices                                                                         66877

                                                                                                                       Scientific name
                                                             Common                                                                                                                     Family                                Order
                                                                                                                  (to genus or to species)

                                              sea   cucumber      ...........................     Pearsonothuria spp .........................................          Holothuriidae ..........................      HOLOTHUROIDEA.
                                              sea   cucumber      ...........................     Pseudocnus spp .............................................          Cucumariidae .........................        HOLOTHUROIDEA.
                                              sea   cucumber      ...........................     Pseudostichopus spp ......................................            Synallactidae ..........................      HOLOTHUROIDEA.
                                              sea   cucumber      ...........................     Psolidium spp .................................................       Psolidae ..................................   HOLOTHUROIDEA.
                                              sea   cucumber      ...........................     Psolus spp ......................................................     Psolidae ..................................   HOLOTHUROIDEA.
                                              sea   cucumber      ...........................     Staurocucumis spp .........................................           Cucumariidae .........................        HOLOTHUROIDEA.
                                              sea   cucumber      ...........................     Stichopus spp .................................................       Stichopodidae .........................       HOLOTHUROIDEA.
                                              sea   cucumber      ...........................     Thelenota spp .................................................       Stichopodidae .........................       HOLOTHUROIDEA.
                                              sea   cucumber      ...........................     Trachythyone spp ...........................................          Cucumariidae .........................        HOLOTHUROIDEA.

                                                                   All Shark Species (excluding skates and rays), including the below list from the Food and Agricultural Organization

                                              sharks   .......................................    Aculeola spp ...................................................      Squalidae ................................    SQUALIFORMES.
                                              sharks   .......................................    Alopias spp .....................................................     Alopiidae .................................   LAMNIFORMES.
                                              sharks   .......................................    Apristurus spp .................................................      Scyliorhinidae .........................      CARCHARHINIFORMES.
                                              sharks   .......................................    Asymbolus spp ...............................................         Scyliorhinidae .........................      CARCHARHINIFORMES.
                                              sharks   .......................................    Atelomycterus spp ..........................................          Scyliorhinidae .........................      CARCHARHINIFORMES.
                                              sharks   .......................................    Aulohalaelurus spp .........................................          Scyliorhinidae .........................      CARCHARHINIFORMES.
                                              sharks   .......................................    Brachaelurus spp ............................................         Brachaeluridae .......................        ORECTOLOBIFORMES.
                                              sharks   .......................................    Carcharhinus spp ............................................         Carcharhinidae .......................        CARCHARHINIFORMES.
                                              sharks   .......................................    Carcharias spp ................................................       Odontaspididae ......................         LAMNIFORMES.
                                              sharks   .......................................    Carcharodon spp ............................................          Lamnidae ................................     LAMNIFORMES.
                                              sharks   .......................................    Centrophorus spp ...........................................          Squalidae ................................    SQUALIFORMES.
                                              sharks   .......................................    Centroscyllium spp .........................................          Squalidae ................................    SQUALIFORMES.
                                              sharks   .......................................    Centroscymnus spp ........................................            Squalidae ................................    SQUALIFORMES.
                                              sharks   .......................................    Cephaloscyllium spp .......................................           Scyliorhinidae .........................      CARCHARHINIFORMES.
                                              sharks   .......................................    Cephalurus spp ...............................................        Scyliorhinidae .........................      CARCHARHINIFORMES.
                                              sharks   .......................................    Cetorhinus spp ................................................       Cetorhinidae ...........................      LAMNIFORMES.
                                              sharks   .......................................    Chaenogaleus spp ..........................................           Hemigaleidae ..........................       CARCHARHINIFORMES.
                                              sharks   .......................................    Chiloscyllium spp ............................................        Hemiscylliidae .........................      ORECTOLOBIFORMES.
                                              sharks   .......................................    Chlamydoselachus spp ...................................              Chlamydoselachidae ..............             HEXANCHIFORMES.
                                              sharks   .......................................    Cirrhigaleus spp ..............................................       Squalidae ................................    SQUALIFORMES.
                                              sharks   .......................................    Cirrhoscyllium spp ..........................................         Parascylliidae .........................      ORECTOLOBIFORMES.
                                              sharks   .......................................    Ctenacis spp ...................................................      Proscylliidae ...........................     CARCHARHINIFORMES.
                                              sharks   .......................................    Dalatias spp ....................................................     Squalidae ................................    SQUALIFORMES.
                                              sharks   .......................................    Deania spp ......................................................     Squalidae ................................    SQUALIFORMES.
                                              sharks   .......................................    Echinorhinus spp ............................................         Echinorhinidae ........................       SQUALIFORMES.
                                              sharks   .......................................    Eridacnis spp ..................................................      Proscylliidae ...........................     CARCHARHINIFORMES.
                                              sharks   .......................................    Etmopterus spp ...............................................        Squalidae ................................    SQUALIFORMES.
                                              sharks   .......................................    Eucrossorhinus spp ........................................           Orectolobidae .........................       ORECTOLOBIFORMES.
                                              sharks   .......................................    Euprotomicroides spp .....................................            Squalidae ................................    SQUALIFORMES.
                                              sharks   .......................................    Euprotomicrus spp ..........................................          Squalidae ................................    SQUALIFORMES.
                                              sharks   .......................................    Eusphyra spp ..................................................       Sphyrnidae .............................      CARCHARHINIFORMES.
                                              sharks   .......................................    Furgaleus spp .................................................       Triakidae .................................   CARCHARHINIFORMES.
                                              sharks   .......................................    Galeocerdo spp ..............................................         Carcharhinidae .......................        CARCHARHINIFORMES.
                                              sharks   .......................................    Galeorhinus spp ..............................................        Triakidae .................................   CARCHARHINIFORMES.
                                              sharks   .......................................    Galeus spp ......................................................     Scyliorhinidae .........................      CARCHARHINIFORMES.
                                              sharks   .......................................    Ginglymostoma spp ........................................            Ginglymostomatidae ...............            ORECTOLOBIFORMES.
                                              sharks   .......................................    Glyphis spp .....................................................     Carcharhinidae .......................        CARCHARHINIFORMES.
                                              sharks   .......................................    Gogolia spp .....................................................     Triakidae .................................   CARCHARHINIFORMES.
                                              sharks   .......................................    Gollum spp ......................................................     Pseudotriakidae ......................        CARCHARHINIFORMES.
                                              sharks   .......................................    Halaelurus spp ................................................       Scyliorhinidae .........................      CARCHARHINIFORMES.
                                              sharks   .......................................    Haploblepharus spp ........................................           Scyliorhinidae .........................      CARCHARHINIFORMES.
                                              sharks   .......................................    Hemigaleus spp ..............................................         Hemigaleidae ..........................       CARCHARHINIFORMES.
                                              sharks   .......................................    Hemipristis spp ...............................................       Hemigaleidae ..........................       CARCHARHINIFORMES.
                                              sharks   .......................................    Hemiscyllium spp ............................................         Hemiscylliidae .........................      ORECTOLOBIFORMES.
                                              sharks   .......................................    Hemitriakis spp ...............................................       Triakidae .................................   CARCHARHINIFORMES
                                              sharks   .......................................    Heptranchias spp ............................................         Hexanchidae ...........................       HEXANCHIFORMES.
                                              sharks   .......................................    Heterodontus spp ...........................................          Heterodontidae .......................        HETERODONTIFORMES.
                                              sharks   .......................................    Heteroscyllium spp .........................................          Brachaeluridae .......................        ORECTOLOBIFORMES.
                                              sharks   .......................................    Heteroscymnoides spp ...................................              Squalidae ................................    SQUALIFORMES.
                                              sharks   .......................................    Hexanchus spp ...............................................         Hexanchidae ...........................       HEXANCHIFORMES.
                                              sharks   .......................................    Holohalaelurus spp .........................................          Scyliorhinidae .........................      CARCHARHINIFORMES.
                                              sharks   .......................................    Hypogaleus spp ..............................................         Triakidae .................................   CARCHARHINIFORMES.
                                              sharks   .......................................    Iago spp ..........................................................   Triakidae .................................   CARCHARHINIFORMES.
                                              sharks   .......................................    Isistius spp ......................................................   Squalidae ................................    SQUALIFORMES.
tkelley on DSK3SPTVN1PROD with NOTICES




                                              sharks   .......................................    Isogomphodon spp .........................................            Carcharhinidae .......................        CARCHARHINIFORMES.
                                              sharks   .......................................    Isurus spp .......................................................    Lamnidae ................................     LAMNIFORMES.
                                              sharks   .......................................    Lamiopsis spp .................................................       Carcharhinidae .......................        CARCHARHINIFORMES.
                                              sharks   .......................................    Lamna spp ......................................................      Lamnidae ................................     LAMNIFORMES.
                                              sharks   .......................................    Leptocharias spp ............................................         Leptochariidae ........................       CARCHARHINIFORMES.
                                              sharks   .......................................    Loxodon spp ...................................................       Carcharhinidae .......................        CARCHARHINIFORMES.
                                              sharks   .......................................    Megachasma spp ...........................................            Megachasmidae .....................           LAMNIFORMES.



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                                              66878                                   Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices

                                                                                                                       Scientific name
                                                             Common                                                                                                                      Family                                    Order
                                                                                                                  (to genus or to species)

                                              sharks   .......................................    Mitsukurina spp ...............................................       Mitsukurinidae ........................        LAMNIFORMES.
                                              sharks   .......................................    Mustelus spp ...................................................      Triakidae .................................    CARCHARHINIFORMES.
                                              sharks   .......................................    Nasolamia spp ................................................        Carcharhinidae .......................         CARCHARHINIFORMES.
                                              sharks   .......................................    Nebrius spp .....................................................     Ginglymostomatidae ...............             ORECTOLOBIFORMES.
                                              sharks   .......................................    Negaprion spp ................................................        Carcharhinidae .......................         CARCHARHINIFORMES.
                                              sharks   .......................................    Notorynchus spp .............................................         Hexanchidae/Notorynchidae ..                   HEXANCHIFORMES.
                                              sharks   .......................................    Odontaspis spp ...............................................        Odontaspididae ......................          LAMNIFORMES.
                                              sharks   .......................................    Orectolobus spp ..............................................        Orectolobidae .........................        ORECTOLOBIFORMES.
                                              sharks   .......................................    Oxynotus spp ..................................................       Oxynotidae .............................       SQUALIFORMES.
                                              sharks   .......................................    Paragaleus spp ...............................................        Hemigaleidae ..........................        CARCHARHINIFORMES.
                                              sharks   .......................................    Parascyllium spp .............................................        Parascylliidae .........................       ORECTOLOBIFORMES.
                                              sharks   .......................................    Parmaturus spp ..............................................         Scyliorhinidae .........................       CARCHARHINIFORMES.
                                              sharks   .......................................    Pentanchus spp ..............................................         Scyliorhinidae .........................       CARCHARHINIFORMES.
                                              sharks   .......................................    Pliotrema spp ..................................................      Pristiophoridae ........................       PRISTIOPHORIFORMES.
                                              sharks   .......................................    Poroderma spp ...............................................         Scyliorhinidae .........................       CARCHARHINIFORMES.
                                              sharks   .......................................    Prionace spp ...................................................      Carcharhinidae .......................         CARCHARHINIFORMES.
                                              sharks   .......................................    Pristiophorus spp ............................................        Pristiophoridae ........................       PRISTIOPHORIFORMES.
                                              sharks   .......................................    Proscyllium spp ...............................................       Proscylliidae ...........................      CARCHARHINIFORMES.
                                              sharks   .......................................    Pseudocarcharias spp ....................................             Pseudocarchariidae ................            LAMNIFORMES.
                                              sharks   .......................................    Pseudotriakis spp ...........................................         Pseudotriakidae ......................         CARCHARHINIFORMES.
                                              sharks   .......................................    Rhincodon spp ................................................        Rhincodontidae .......................         ORECTOLOBIFORMES.
                                              sharks   .......................................    Rhizoprionodon spp ........................................           Carcharhinidae .......................         CARCHARHINIFORMES.
                                              sharks   .......................................    Schroederichthys spp .....................................            Scyliorhinidae .........................       CARCHARHINIFORMES.
                                              sharks   .......................................    Scoliodon spp .................................................       Carcharhinidae .......................         CARCHARHINIFORMES.
                                              sharks   .......................................    Scyliorhinus spp ..............................................       Scyliorhinidae .........................       CARCHARHINIFORMES.
                                              sharks   .......................................    Scylliogaleus spp ............................................        Triakidae .................................    CARCHARHINIFORMES.
                                              sharks   .......................................    Scymnodalatias spp ........................................           Squalidae ................................     SQUALIFORMES.
                                              sharks   .......................................    Scymnodon spp ..............................................          Squalidae ................................     SQUALIFORMES.
                                              sharks   .......................................    Somniosus spp ...............................................         Squalidae ................................     SQUALIFORMES.
                                              sharks   .......................................    Sphyrna spp ....................................................      Sphyrnidae .............................       CARCHARHINIFORMES.
                                              sharks   .......................................    Squaliolus spp ................................................       Squalidae ................................     SQUALIFORMES.
                                              sharks   .......................................    Squalus spp ....................................................      Squalidae ................................     SQUALIFORMES.
                                              sharks   .......................................    Squatina spp ...................................................      Squatinidae .............................      SQUALIFORMES.
                                              sharks   .......................................    Stegostoma spp ..............................................         Stegostomatidae .....................          ORECTOLOBIFORMES.
                                              sharks   .......................................    Sutorectus spp ................................................       Orectolobidae .........................        ORECTOLOBIFORMES.
                                              sharks   .......................................    Triaenodon spp ...............................................        Carcharhinidae .......................         CARCHARHINIFORMES.
                                              sharks   .......................................    Triakis spp ......................................................    Triakidae .................................    CARCHARHINIFORMES.

                                                                      All Shrimp Species in the Order Decapoda, including the below list from the Food and Agricultural Organization

                                              shrimps   .....................................     Acanthephyra spp ...........................................          Oplophoridae ..........................        Decapoda   (NATANTIA).
                                              shrimps   .....................................     Acetes spp ......................................................     Sergestidae ............................       Decapoda   (NATANTIA).
                                              shrimps   .....................................     Alpheus spp ....................................................      Alpheidae ................................     Decapoda   (NATANTIA).
                                              shrimps   .....................................     Argis spp .........................................................   Crangonidae ...........................        Decapoda   (NATANTIA).
                                              shrimps   .....................................     Aristaeomorpha spp ........................................           Aristaeidae ..............................     Decapoda   (NATANTIA).
                                              shrimps   .....................................     Aristaeopsis spp .............................................        Crangonidae ...........................        Decapoda   (NATANTIA).
                                              shrimps   .....................................     Aristeus spp ....................................................     Aristaeidae ..............................     Decapoda   (NATANTIA).
                                              shrimps   .....................................     Artemesia spp .................................................       Penaeidae ..............................       Decapoda   (NATANTIA).
                                              shrimps   .....................................     Atya spp ..........................................................   Atyidae ....................................   Decapoda   (NATANTIA).
                                              shrimps   .....................................     Atyopsis spp ...................................................      Atyidae ....................................   Decapoda   (NATANTIA).
                                              shrimps   .....................................     Atypopenaeus spp ..........................................           Penaeidae ..............................       Decapoda   (NATANTIA).
                                              shrimps   .....................................     Bentheogennema spp .....................................              Benthesicymidae ....................           Decapoda   (NATANTIA).
                                              shrimps   .....................................     Benthesicymus spp .........................................           Benthesicymidae ....................           Decapoda   (NATANTIA).
                                              shrimps   .....................................     Campylonotus spp ..........................................           Campylonotidae ......................          Decapoda   (NATANTIA).
                                              shrimps   .....................................     Caridina spp ....................................................     Atyidae ....................................   Decapoda   (NATANTIA).
                                              shrimps   .....................................     Chlorotocus spp ..............................................        Pandalidae ..............................      Decapoda   (NATANTIA).
                                              shrimps   .....................................     Crangon spp ...................................................       Crangonidae ...........................        Decapoda   (NATANTIA).
                                              shrimps   .....................................     Cryphiops spp .................................................       Palaemonidae .........................         Decapoda   (NATANTIA).
                                              shrimps   .....................................     Cryptopenaeus spp .........................................           Solenoceridae .........................        Decapoda   (NATANTIA).
                                              shrimps   .....................................     Dichelopandalus spp ......................................            Pandalidae ..............................      Decapoda   (NATANTIA).
                                              shrimps   .....................................     Eualus spp ......................................................     Hippolytidae ............................      Decapoda   (NATANTIA).
                                              shrimps   .....................................     Exhippolysmata spp ........................................           Hippolytidae ............................      Decapoda   (NATANTIA).
                                              shrimps   .....................................     Exopalaemon spp ...........................................           Palaemonidae .........................         Decapoda   (NATANTIA).
                                              shrimps   .....................................     Farfantepenaeus spp (now Penaeus) ............                        Penaeidae ..............................       Decapoda   (NATANTIA).
                                              shrimps   .....................................     Fenneropenaeus spp (now Penaeus) ............                         Penaeidae ..............................       Decapoda   (NATANTIA).
                                              shrimps   .....................................     Glyphocrangon spp .........................................           Glyphocrangonidae ................             Decapoda   (NATANTIA).
tkelley on DSK3SPTVN1PROD with NOTICES




                                              shrimps   .....................................     Glyphus spp ....................................................      Pasiphaeidae ..........................        Decapoda   (NATANTIA).
                                              shrimps   .....................................     Hadropenaeus spp .........................................            Solenoceridae .........................        Decapoda   (NATANTIA).
                                              shrimps   .....................................     Haliporoides spp .............................................        Solenoceridae .........................        Decapoda   (NATANTIA).
                                              shrimps   .....................................     Heptacarpus spp .............................................         Hippolytidae ............................      Decapoda   (NATANTIA).
                                              shrimps   .....................................     Heterocarpoides spp .......................................           Pandalidae ..............................      Decapoda   (NATANTIA).
                                              shrimps   .....................................     Heterocarpus spp ...........................................          Pandalidae ..............................      Decapoda   (NATANTIA).
                                              shrimps   .....................................     Holthuispenaeopsis spp ..................................             Penaeidae ..............................       Decapoda   (NATANTIA).



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                                                                                    Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices                                                                         66879

                                                                                                                   Scientific name
                                                              Common                                                                                                                 Family                                  Order
                                                                                                              (to genus or to species)

                                              shrimps .....................................    Hymenocera spp .............................................         Gnatophyllidae ........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Hymenodora spp ............................................          Oplophoridae ..........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Hymenopenaeus spp ......................................             Solenoceridae .........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Latreutes spp ..................................................     Hippolytidae ............................      Decapoda (NATANTIA).
                                              shrimps .....................................    Leandrites spp ................................................      Palaemonidae .........................         Decapoda (NATANTIA).
                                              shrimps .....................................    Leptocarpus spp .............................................        Palaemonidae .........................         Decapoda (NATANTIA).
                                              shrimps .....................................    Leptochela spp ...............................................       Pasiphaeidae ..........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Lipkebe spp ....................................................     Palaemonidae .........................         Decapoda (NATANTIA).
                                              shrimps .....................................    Lipkius spp ......................................................   Nematocarcinidae ...................           Decapoda (NATANTIA).
                                              shrimps .....................................    Litopenaeus spp .............................................        Penaeidae ..............................       Decapoda (NATANTIA).
                                              shrimps .....................................    Lysmata spp ...................................................      Hippolytidae ............................      Decapoda (NATANTIA).
                                              shrimps .....................................    Macrobrachium spp ........................................           Palaemonidae .........................         Decapoda (NATANTIA).
                                              shrimps .....................................    Macropetasma spp .........................................           Penaeidae ..............................       Decapoda (NATANTIA).
                                              shrimps .....................................    Marsupenaeus spp .........................................           Penaeidae ..............................       Decapoda (NATANTIA).
                                              shrimps .....................................    Melicertus spp .................................................     Penaeidae ..............................       Decapoda (NATANTIA).
                                              shrimps .....................................    Mesopaeneus spp ..........................................           Solenoceridae .........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Metacrangon spp ............................................         Crangonidae ...........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Metapenaeopsis spp .......................................           Penaeidae ..............................       Decapoda (NATANTIA).
                                              shrimps .....................................    Metapenaeus spp ...........................................          Penaeidae ..............................       Decapoda (NATANTIA).
                                              shrimps .....................................    Microprosthema spp .......................................           Stenopodidae .........................         Decapoda (NATANTIA).
                                              shrimps .....................................    Nematocarcinus spp .......................................           Nematocarcinidae ...................           Decapoda (NATANTIA).
                                              shrimps .....................................    Nematopalaemon spp .....................................             Palaemonidae .........................         Decapoda (NATANTIA).
                                              shrimps .....................................    Notocrangon spp ............................................         Crangonidae ...........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Notostomus spp ..............................................        Oplophoridae ..........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Ogyrides spp ...................................................     Ogyrididae ..............................      Decapoda (NATANTIA).
                                              shrimps .....................................    Oplophorus spp ..............................................        Oplophoridae ..........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Palaemon spp .................................................       Palaemonidae .........................         Decapoda (NATANTIA).
                                              shrimps .....................................    Palaemonetes spp ..........................................          Palaemonidae .........................         Decapoda (NATANTIA).
                                              shrimps .....................................    Pandalopsis spp .............................................        Pandalidae ..............................      Decapoda (NATANTIA).
                                              shrimps .....................................    Pandalus spp ..................................................      Pandalidae ..............................      Decapoda (NATANTIA).
                                              shrimps .....................................    Pantomus spp .................................................       Pandalidae ..............................      Decapoda (NATANTIA).
                                              shrimps .....................................    Paracrangon spp ............................................         Crangonidae ...........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Parapandalus spp ...........................................         Pandalidae ..............................      Decapoda (NATANTIA).
                                              shrimps .....................................    Parapenaeopsis spp .......................................           Penaeidae ..............................       Decapoda (NATANTIA).
                                              shrimps .....................................    Parapenaeus spp ............................................         Penaeidae ..............................       Decapoda (NATANTIA).
                                              shrimps .....................................    Paratya spp .....................................................    Atyidae ....................................   Decapoda (NATANTIA).
                                              shrimps .....................................    Pasiphaea spp ................................................       Pasiphaeidae ..........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Penaeopsis spp ..............................................        Penaeidae ..............................       Decapoda (NATANTIA).
                                              shrimps .....................................    Penaeus spp ...................................................      Penaeidae ..............................       Decapoda (NATANTIA).
                                              shrimps .....................................    Pleoticus spp ..................................................     Solenoceridae .........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Plesionika spp .................................................     Pandalidae ..............................      Decapoda (NATANTIA).
                                              shrimps .....................................    Plesiopenaeus spp .........................................          Aristaeidae ..............................     Decapoda (NATANTIA).
                                              shrimps .....................................    Pontocaris spp ................................................      Crangonidae ...........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Pontophilus spp ..............................................       Crangonidae ...........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Processa spp ..................................................      Processidae ............................       Decapoda (NATANTIA).
                                              shrimps .....................................    Protrachypene spp ..........................................         Penaeidae ..............................       Decapoda (NATANTIA).
                                              shrimps .....................................    Rhynchocinetes spp .......................................           Rhynchocinetidae ...................           Decapoda (NATANTIA).
                                              shrimps .....................................    Saron spp .......................................................    Hippolytidae ............................      Decapoda (NATANTIA).
                                              shrimps .....................................    Sclerocrangon spp ..........................................         Crangonidae ...........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Sergestes spp .................................................      Sergestidae ............................       Decapoda (NATANTIA).
                                              shrimps .....................................    Sicyonia spp ...................................................     Sicyoniidae .............................      Decapoda (NATANTIA).
                                              shrimps .....................................    Solenocera spp ...............................................       Solenoceridae .........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Spirontocaris spp ............................................       Hippolytidae ............................      Decapoda (NATANTIA).
                                              shrimps .....................................    Stenopus spp ..................................................      Stenopodidae .........................         Decapoda (NATANTIA).
                                              shrimps .....................................    Systellaspis spp ..............................................      Oplophoridae ..........................        Decapoda (NATANTIA).
                                              shrimps .....................................    Trachypenaeus spp ........................................           Penaeidae ..............................       Decapoda (NATANTIA).
                                              shrimps .....................................    Trachysalambria spp ......................................           Penaeidae ..............................       Decapoda (NATANTIA).
                                              shrimps .....................................    Xiphopenaeus spp ..........................................          Penaeidae ..............................       Decapoda (NATANTIA).
                                              skipjack tuna ............................       Katsuwonus pelamis .......................................           Scombridae ............................        SCOMBROIDEI.
                                              yellowfin tuna ...........................       Thunnus albacares .........................................          Scombridae ............................        SCOMBROIDEI.
                                              swordfish ..................................     Xiphias gladiatus .............................................      Xiphiidae .................................    SCOMBROIDEI.



                                                Dated: October 27, 2015.
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Samuel D. Rauch III,
                                              Deputy Assistant Administrator for
                                              Regulatory Programs, National Marine
                                              Fisheries Service.
                                              [FR Doc. 2015–27780 Filed 10–29–15; 8:45 am]
                                              BILLING CODE 3510–22–P




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Document Created: 2015-12-14 15:29:40
Document Modified: 2015-12-14 15:29:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Determination.
DatesList of principles and at-risk species is final upon October 30, 2015.
ContactDanielle Rioux, Office of Sustainable Fisheries, National Marine Fisheries Service (phone 301-427-8516, or email [email protected]).
FR Citation80 FR 66867 
RIN Number0648-XE28

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