81 FR 12076 - Identification of Nations Engaged in Illegal, Unreported, or Unregulated Fishing, Bycatch, or Shark Fishing
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 45 (March 8, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 45 (March 8, 2016)
| Page Range | 12076-12077 | |
| FR Document | 2016-05156 |
[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)] [Notices] [Pages 12076-12077] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05156] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE478 Identification of Nations Engaged in Illegal, Unreported, or Unregulated Fishing, Bycatch, or Shark Fishing AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for information. ----------------------------------------------------------------------- SUMMARY: NMFS is seeking information regarding nations whose vessels are engaged in illegal, unreported, or unregulated (IUU) fishing, bycatch of protected living marine resources (PLMRs), and/or fishing activities in waters beyond any national jurisdiction that target or incidentally catch sharks. Such information will be reviewed for the purposes of the identification of nations pursuant to the High Seas Driftnet Fishing Moratorium Protection Act (Moratorium Protection Act). DATES: Information should be received on or before May 31, 2016. A public webinar will take place from 3 to 4:30 p.m. eastern daylight saving time on April 22, 2016. ADDRESSES: Information may be submitted to either by mail to: NMFS Office of International Affairs and Seafood Inspection, Attn.: MSRA Information, F/IS 1315 East-West Highway, Silver Spring, MD 20910, or electronically to: [email protected]. Information on how to participate in the April 22, 2016, public webinar will be posted online at http://www.nmfs.noaa.gov/ia/. FOR FURTHER INFORMATION CONTACT: Kristin Rusello, phone 301-427-8376, or email [email protected]. SUPPLEMENTARY INFORMATION: The Shark Conservation Act of 2010 (Pub. L. 111-348) amended the Moratorium Protection Act by requiring that actions be taken by the United States to strengthen shark conservation. In November 2015, the Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015 (IUUFEA) (Pub. L. 114-81) further amended the Moratorium Protection Act by, among other things, expanding the scope of information that can be used for the identification of nations to three years for the IUU fishing and bycatch provisions. Specifically, the Moratorium Protection Act requires the Secretary of Commerce (Secretary) to identify in a biennial report to Congress those nations whose fishing vessels are engaged, or have been engaged at any point during the preceding three years, in IUU fishing. The definition of IUU fishing can be found at 50 CFR 300.201 and includes: (1) Fishing activities that violate conservation and management measures required under an international fishery management agreement to which the United States is a party, including catch limits or quotas, capacity restrictions, bycatch reduction requirements, shark conservation measures, and data reporting; (2) In the case of non-parties to an international fishery management agreement to which the United States is a party, fishing activities that would undermine the conservation of the resources managed under that agreement; (3) Overfishing of fish stocks shared by the United States, for which there are no applicable international conservation or management measures or in areas with no applicable international fishery management organization or agreement, that has adverse impacts on such stocks; (4) Fishing activity that has an adverse impact on vulnerable marine ecosystems such as seamounts, hydrothermal vents, cold water corals and other vulnerable marine ecosystems located beyond any national jurisdiction, for which there are no applicable conservation or management measures or in areas with no applicable international fishery management organization or agreement; and (5) Fishing activities by foreign flagged vessels in U.S. waters without authorization of the United States. In addition, the Secretary must identify in the biennial report those nations whose fishing vessels are engaged, or have been engaged at any point during the preceding three years in fishing activities in waters beyond any national jurisdiction that result in bycatch of a PLMR, or beyond the U.S. exclusive economic zone (EEZ) that result in bycatch of a PLMR shared by the United States, and that have not implemented measures to address that bycatch that are comparable in effectiveness to U.S. regulatory requirements. In this context, PLMRs are defined as non-target fish, sea turtles, sharks, or marine mammals that are protected under U.S. law or international agreement, including the Marine Mammal Protection Act, the Endangered Species Act, the Shark Finning Prohibition Act, and the Convention on International Trade in Endangered Species of Wild Flora and Fauna. PLMRs do not include species, except sharks, managed under the Magnuson-Stevens Fishery Conservation and Management Act, the Atlantic Tunas Convention Act, or any international fishery management agreement. A list of species considered as PLMRs for this purpose is available online at: http://www.nmfs.noaa.gov/msa2007/docs/list_of_protected_lmr_act_022610.pdf. Furthermore, the Shark Conservation Act requires that the Secretary of Commerce identify nations in a biennial report to Congress whose fishing vessels are engaged, or have been engaged during the calendar year prior to the biennial report in fishing activities or practices in waters beyond any national jurisdiction that target or incidentally catch sharks and the nation has not adopted a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark (including the tail) and discarding the carcass of the shark at sea, that is comparable to that of the United States, taking into account different conditions. More information regarding the identification process and how the information received will be used in that process can be found in the regulations codified at 50 CFR 300.200. Note that the timeframe for activities to be considered for IUU fishing and bycatch identifications has not been changed to reflect the amendments in the IUUFEA to three years each. The fourth biennial report to Congress was submitted in February 2015 and is available online at: http://www.nmfs.noaa.gov/ia/iuu/msra_page/2015noaareptcongress.pdf. The report identified six nations for IUU fishing. In fulfillment of its requirements under the Moratorium Protection Act, NMFS is preparing the fifth biennial report to Congress, which will identify nations whose fishing vessels are engaged in IUU fishing or fishing practices that result in bycatch of PLMRs, shark catch in waters beyond any national jurisdiction without a regulatory program comparable to the United States. NMFS is soliciting information from the public that could assist in its identification of nations engaged in activities that meet the criteria described above for IUU fishing, PLMR bycatch, or shark catch in waters beyond any national jurisdiction. Some [[Page 12077]] types of information that may prove useful to NMFS include:Documentation (photographs, etc.) of IUU activity or fishing vessels engaged in PLMR bycatch or catch of sharks on the high seas; Documentation (photographs, etc.) of fishing vessels engaged in shared PLMR bycatch in any waters beyond the U.S. EEZ; Fishing vessel records; Trade data supporting evidence that a nation's vessels are engaged in shark catch on the high seas; Reports from off-loading facilities, port-side government officials, enforcement agents, military personnel, port inspectors, transshipment vessel workers and fish importers; Sightings of vessels included on RFMO IUU vessel lists; RFMO catch documents and statistical document programs; Nation's domestic regulations for bycatch and shark conservation and management; Action or inaction at the national level, resulting in non-compliance with RFMO conservation and management measures, such as exceeding quotas or catch limits, or failing to report or misreporting data of the nation's fishing activities; and Reports from governments, international organizations, or nongovernmental organizations. NMFS will consider all available information, as appropriate, when making a determination whether or not to identify a particular nation in the biennial report to Congress. As stated previously, NMFS is limited in the data it may use as the basis of a nation's identification. This information includes IUU fishing activity and bycatch of PLMRs in 2014, 2015 and 2016, and shark fishing activity in waters beyond any national jurisdiction in 2016. Information should be as specific as possible as this will assist NMFS in its review. NMFS will consider several criteria when determining whether information is appropriate for use in making identifications, including: Corroboration of information; Whether multiple sources have been able to provide information in support of an identification; The methodology used to collect the information; Specificity of the information provided; Susceptibility of the information to falsification and alteration; and Credibility of the individuals or organization providing the information. Dated: March 3, 2016. John Henderschedt, Director, Office of International Affairs and Seafood Inspection, National Marine Fisheries Service. [FR Doc. 2016-05156 Filed 3-7-16; 8:45 am] BILLING CODE 3510-22-P
![12076 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices
Dated: March 2, 2016. expanding the scope of information that international agreement, including the
Julia Harrison, can be used for the identification of Marine Mammal Protection Act, the
Chief, Permits and Conservation Division, nations to three years for the IUU Endangered Species Act, the Shark
Office of Protected Resources, National fishing and bycatch provisions. Finning Prohibition Act, and the
Marine Fisheries Service. Specifically, the Moratorium Convention on International Trade in
[FR Doc. 2016–05080 Filed 3–7–16; 8:45 am] Protection Act requires the Secretary of Endangered Species of Wild Flora and
BILLING CODE 3510–22–P Commerce (Secretary) to identify in a Fauna. PLMRs do not include species,
biennial report to Congress those except sharks, managed under the
nations whose fishing vessels are Magnuson-Stevens Fishery
DEPARTMENT OF COMMERCE engaged, or have been engaged at any Conservation and Management Act, the
point during the preceding three years, Atlantic Tunas Convention Act, or any
National Oceanic and Atmospheric in IUU fishing. The definition of IUU international fishery management
Administration fishing can be found at 50 CFR 300.201 agreement. A list of species considered
RIN 0648–XE478 and includes: as PLMRs for this purpose is available
(1) Fishing activities that violate online at: http://www.nmfs.noaa.gov/
Identification of Nations Engaged in conservation and management measures msa2007/docs/list_of_protected_lmr_
Illegal, Unreported, or Unregulated required under an international fishery act_022610.pdf.
Fishing, Bycatch, or Shark Fishing management agreement to which the Furthermore, the Shark Conservation
United States is a party, including catch Act requires that the Secretary of
AGENCY: National Marine Fisheries limits or quotas, capacity restrictions, Commerce identify nations in a biennial
Service (NMFS), National Oceanic and bycatch reduction requirements, shark report to Congress whose fishing vessels
Atmospheric Administration (NOAA), conservation measures, and data are engaged, or have been engaged
Commerce. reporting; during the calendar year prior to the
ACTION: Notice; request for information. (2) In the case of non-parties to an
biennial report in fishing activities or
international fishery management
SUMMARY: NMFS is seeking information practices in waters beyond any national
agreement to which the United States is
regarding nations whose vessels are jurisdiction that target or incidentally
a party, fishing activities that would
engaged in illegal, unreported, or catch sharks and the nation has not
undermine the conservation of the
unregulated (IUU) fishing, bycatch of adopted a regulatory program to provide
resources managed under that
protected living marine resources for the conservation of sharks, including
agreement;
(PLMRs), and/or fishing activities in (3) Overfishing of fish stocks shared measures to prohibit removal of any of
waters beyond any national jurisdiction by the United States, for which there are the fins of a shark (including the tail)
that target or incidentally catch sharks. no applicable international conservation and discarding the carcass of the shark
Such information will be reviewed for or management measures or in areas at sea, that is comparable to that of the
the purposes of the identification of with no applicable international fishery United States, taking into account
nations pursuant to the High Seas management organization or agreement, different conditions.
Driftnet Fishing Moratorium Protection that has adverse impacts on such stocks; More information regarding the
Act (Moratorium Protection Act). (4) Fishing activity that has an identification process and how the
adverse impact on vulnerable marine information received will be used in
DATES: Information should be received
ecosystems such as seamounts, that process can be found in the
on or before May 31, 2016. A public
hydrothermal vents, cold water corals regulations codified at 50 CFR 300.200.
webinar will take place from 3 to 4:30
and other vulnerable marine ecosystems Note that the timeframe for activities to
p.m. eastern daylight saving time on
located beyond any national be considered for IUU fishing and
April 22, 2016.
jurisdiction, for which there are no bycatch identifications has not been
ADDRESSES: Information may be changed to reflect the amendments in
applicable conservation or management
submitted to either by mail to: NMFS the IUUFEA to three years each.
measures or in areas with no applicable
Office of International Affairs and The fourth biennial report to Congress
international fishery management
Seafood Inspection, Attn.: MSRA was submitted in February 2015 and is
organization or agreement; and
Information, F/IS 1315 East-West available online at: http://
(5) Fishing activities by foreign
Highway, Silver Spring, MD 20910, or www.nmfs.noaa.gov/ia/iuu/msra_page/
flagged vessels in U.S. waters without
electronically to: IUU.PLMR.Sharks@ 2015noaareptcongress.pdf. The report
authorization of the United States.
noaa.gov. Information on how to In addition, the Secretary must identified six nations for IUU fishing.
participate in the April 22, 2016, public identify in the biennial report those In fulfillment of its requirements
webinar will be posted online at nations whose fishing vessels are under the Moratorium Protection Act,
http://www.nmfs.noaa.gov/ia/. engaged, or have been engaged at any NMFS is preparing the fifth biennial
FOR FURTHER INFORMATION CONTACT: point during the preceding three years report to Congress, which will identify
Kristin Rusello, phone 301–427–8376, in fishing activities in waters beyond nations whose fishing vessels are
or email kristin.rusello@noaa.gov. any national jurisdiction that result in engaged in IUU fishing or fishing
SUPPLEMENTARY INFORMATION: The Shark bycatch of a PLMR, or beyond the U.S. practices that result in bycatch of
Conservation Act of 2010 (Pub. L. 111– exclusive economic zone (EEZ) that PLMRs, shark catch in waters beyond
348) amended the Moratorium result in bycatch of a PLMR shared by any national jurisdiction without a
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Protection Act by requiring that actions the United States, and that have not regulatory program comparable to the
be taken by the United States to implemented measures to address that United States. NMFS is soliciting
strengthen shark conservation. In bycatch that are comparable in information from the public that could
November 2015, the Illegal, Unreported, effectiveness to U.S. regulatory assist in its identification of nations
and Unregulated Fishing Enforcement requirements. In this context, PLMRs engaged in activities that meet the
Act of 2015 (IUUFEA) (Pub. L. 114–81) are defined as non-target fish, sea criteria described above for IUU fishing,
further amended the Moratorium turtles, sharks, or marine mammals that PLMR bycatch, or shark catch in waters
Protection Act by, among other things, are protected under U.S. law or beyond any national jurisdiction. Some
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![Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices 12077
types of information that may prove Dated: March 3, 2016. reasons why a hearing on this
useful to NMFS include: John Henderschedt, application would be appropriate.
• Documentation (photographs, etc.) Director, Office of International Affairs and FOR FURTHER INFORMATION CONTACT:
of IUU activity or fishing vessels Seafood Inspection, National Marine Arturo Herrera or Amy Hapeman, (301)
engaged in PLMR bycatch or catch of Fisheries Service. 427–8401.
sharks on the high seas; [FR Doc. 2016–05156 Filed 3–7–16; 8:45 am]
SUPPLEMENTARY INFORMATION: The
• Documentation (photographs, etc.) BILLING CODE 3510–22–P
subject permit is requested under the
of fishing vessels engaged in shared authority of the Endangered Species Act
PLMR bycatch in any waters beyond the of 1973, as amended (ESA; 16 U.S.C.
U.S. EEZ; DEPARTMENT OF COMMERCE
1531 et seq.) and the regulations
• Fishing vessel records; governing the taking, importing, and
National Oceanic and Atmospheric
• Trade data supporting evidence that Administration exporting of endangered and threatened
a nation’s vessels are engaged in shark species (50 CFR parts 222–226).
catch on the high seas; RIN 0648–XE469
The applicant requests a five-year
• Reports from off-loading facilities, permit to research sea turtles that
port-side government officials, Endangered Species; File No. 19627
interact with commercialfisheries and
enforcement agents, military personnel, AGENCY: National Marine Fisheries other authorized activities in the Gulf of
port inspectors, transshipment vessel Service (NMFS), National Oceanic and Mexico and East Coast of the United
workers and fish importers; Atmospheric Administration (NOAA), States. The purpose of the project is to:
• Sightings of vessels included on Commerce. (1) Monitor the take of sea turtles by
RFMO IUU vessel lists; ACTION: Notice; receipt of application. observed fisheries, (2) collect data that
• RFMO catch documents and can enhance efforts to estimate total
statistical document programs; SUMMARY: Notice is hereby given that bycatch and the effects of bycatch on the
• Nation’s domestic regulations for the NMFS Southeast Fisheries Science sea turtle subpopulations, (3) and
bycatch and shark conservation and Center, 75 Virginia Beach Drive, Room document interactions at various life
management; 207, Miami, FL 33149 [Responsible stages to help in the recovery process of
• Action or inaction at the national Party: Dr. Bonnie Ponwith, Ph.D.], has these species. Researchers would be
level, resulting in non-compliance with applied in due form for a permit to take authorized to handle, photograph,
RFMO conservation and management loggerhead (Caretta caretta), green measure, weigh, flipper and passive
measures, such as exceeding quotas or (Chelonia mydas), Kemp’s ridley integrated transponder tag, tissue
catch limits, or failing to report or (Lepidochelys kempii), hawksbill sample, temporary carapace mark, and
misreporting data of the nation’s fishing (Eretmochelys imbricata), leatherback salvage specimens legally taken during
activities; and (Dermochelys coriacea), and commercial fishing activities. Up to 86
unidentified hardshell sea turtles for
• Reports from governments, green, 571 loggerhead, 165 Kemp’s
purposes of scientific research. ridley, 77 hawksbill, 253 leatherback, 20
international organizations, or
DATES: Written, telefaxed, or email olive ridley, and 14 unidentified sea
nongovernmental organizations.
comments must be received on or before turtles would be sampled annually.
NMFS will consider all available
April 7, 2016.
information, as appropriate, when Dated: March 2, 2016.
making a determination whether or not ADDRESSES: The application and related
Julia Harrison,
to identify a particular nation in the documents are available for review by
selecting ‘‘Records Open for Public Chief, Permits and Conservation Division,
biennial report to Congress. As stated Office of Protected Resources, National
previously, NMFS is limited in the data Comment’’ from the ‘‘Features’’ box on Marine Fisheries Service.
it may use as the basis of a nation’s the Applications and Permits for
[FR Doc. 2016–05079 Filed 3–7–16; 8:45 am]
identification. This information Protected Species (APPS) home page,
BILLING CODE 3510–22–P
includes IUU fishing activity and https://apps.nmfs.noaa.gov, and then
bycatch of PLMRs in 2014, 2015 and selecting File No. 19627 from the list of
2016, and shark fishing activity in available applications.
These documents are also available DEPARTMENT OF COMMERCE
waters beyond any national jurisdiction
in 2016. Information should be as upon written request or by appointment National Oceanic and Atmospheric
specific as possible as this will assist in the Permits and Conservation Administration
NMFS in its review. NMFS will Division, Office of Protected Resources,
consider several criteria when NMFS, 1315 East-West Highway, Room Proposed Information Collection;
determining whether information is 13705, Silver Spring, MD 20910; phone Comment Request; Coastal Ocean
appropriate for use in making (301) 427–8401; fax (301) 713–0376. Program Grants Proposal Application
Written comments on this application Package
identifications, including:
should be submitted to the Chief,
• Corroboration of information; Permits and Conservation Division, at AGENCY: National Oceanic and
• Whether multiple sources have the address listed above. Comments may Atmospheric Administration (NOAA),
been able to provide information in also be submitted by facsimile to (301) Commerce.
support of an identification; 713–0376, or by email to
asabaliauskas on DSK3SPTVN1PROD with NOTICES
ACTION: Notice.
• The methodology used to collect NMFS.Pr1Comments@noaa.gov. Please
the information; include the File No. in the subject line SUMMARY: The Department of
• Specificity of the information of the email comment. Commerce, as part of its continuing
provided; Those individuals requesting a public effort to reduce paperwork and
• Susceptibility of the information to hearing should submit a written request respondent burden, invites the general
falsification and alteration; and to the Chief, Permits and Conservation public and other Federal agencies to
• Credibility of the individuals or Division at the address listed above. The take this opportunity to comment on
organization providing the information. request should set forth the specific proposed and/or continuing information
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Document Created: 2018-02-02 15:10:02
Document Modified: 2018-02-02 15:10:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; request for information. | |
| Dates | Information should be received on or before May 31, 2016. A public webinar will take place from 3 to 4:30 p.m. eastern daylight saving time on April 22, 2016. | |
| Contact | Kristin Rusello, phone 301-427-8376, or email [email protected] | |
| FR Citation | 81 FR 12076 | |
| RIN Number | 0648-XE47 |
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