83 FR 23660 - 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 83, Issue 99 (May 22, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 99 (May 22, 2018)
| Page Range | 23660-23662 | |
| FR Document | 2018-10859 |
[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)] [Notices] [Pages 23660-23662] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10859] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG126 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 (PLMR), 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) and ongoing implementation of the Marine Mammal Protection Act Import Provisions. DATES: Information should be received on or before December 31, 2018. A public webinar will take place from 3 to 4 p.m. eastern daylight saving time on June 26, 2018. 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: IUU.PLMR.Sharks@noaa.gov. Information on how to participate in the June 26, 2018, public webinar will be posted online at https://www.fisheries.noaa.gov. FOR FURTHER INFORMATION CONTACT: Oriana Villar, phone 301-427-8384, or email Oriana.Villar@noaa.gov. 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. In December 2016 the Ensuring Access to Pacific Fisheries Act (EAPFA) (Pub. L. 114- 327) amended the Moratorium Protection Act by also expanding the scope of information that can be used for the identification of nations to three years for the shark 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 [[Page 23661]] 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: https://www.fisheries.noaa.gov/national/international-affairs/identification-iuu-fishing-activities. Furthermore, the Shark Conservation Act and the EAPFA requires that the Secretary identify nations in a biennial report to Congress whose fishing vessels are engaged, or have been engaged during the preceding three years 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, bycatch, and shark identifications has not been changed to reflect the amendments in the IUUFEA and EAPFA to three years each. The fifth biennial report to Congress was submitted in January 2017 and is available online at: https://www.fisheries.noaa.gov/national/international-affairs/identification-iuu-fishing-activities. The report identified three nations for IUU fishing. In fulfillment of its requirements under the Moratorium Protection Act, NMFS is preparing the sixth 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, and/or 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 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, bycatch of PLMRs, and shark fishing activity in waters beyond any national jurisdiction in 2016, 2017 and 2018. 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. With regard to marine mammals, NMFS is also seeking information on foreign commercial fishing operations that export fish and fish products to the United States and the level of incidental and intentional mortality and serious injury of marine mammals in those fisheries. NMFS will use this information to identify harvesting nations with commercial fishing operations that export fish and fish products to the United States and classify those fisheries based on their frequency of marine mammal interactions as either ``exempt'' or ``export'' fisheries as part of its development of the List of Foreign Fisheries (LOFF). The classification of a fishery on the final LOFF determines which regulatory requirements will be applicable to that fishery for it to receive a comparability finding necessary to export fish and fish products to the United States from that fishery. The final LOFF can be found at https://www.fisheries.noaa.gov/foreign/international-affairs/list-foreign-fisheries [[Page 23662]] In March 2018, NMFS published its final 2017 LOFF (83 FR 11703, March 16, 2018), as required by the regulations implementing the Fish and Fish Product Import Provisions of the Marine Mammal Protection Act. The final LOFF reflects information received in its response to information requests to nations and the public (82 FR 2961, January 10, 2017) and during the comment period on interactions between commercial fisheries exporting fish and fish products to the United States and marine mammals, and updates and revisions to the draft LOFF (82 FR 39762, August 22, 2017). NMFS will revise the LOFF in 2020. In anticipation of this revision, NMFS is soliciting information from harvesting nations; other foreign, regional, and local governments; regional fishery management organizations; nongovernmental organizations; industry organizations; academic institutions; and citizens and citizen groups to identify commercial fishing operations with intentional or incidental mortality and serious injury of marine mammals. For each item we are requesting you identify the exporting nation as the harvesting nation, the processing or intermediary nation, or both. For fisheries exporting fish and fish products to the United States NMFS is requesting the following information: Number of participants; Number of vessels; Gear type; Target species; Area of operation; Fishing season; and Information regarding the frequency of marine mammal incidental and intentional mortality and serious injury. Such information may include fishing vessel records; reports of on- board fishery observers; information from off-loading facilities, port- side government officials, enforcement agents, transshipment vessel workers and fish importers; government vessel registries; RFMO or intergovernmental agreement documents, reports, and statistical document programs; appropriate catch certification programs; and published literature and reports on commercial fishing operations with intentional or incidental mortality and serious injury of marine mammals. NMFS will consider all available information, as appropriate. 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: May 16, 2018. John Henderschedt, Director, Office of International Affairs and Seafood Inspection, National Marine Fisheries Service. [FR Doc. 2018-10859 Filed 5-21-18; 8:45 am] BILLING CODE 3510-22-P
![23660 Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices
Schedule of Ancillary Meetings Management Team—8 a.m. ongoing implementation of the Marine
Enforcement Consultants—Ad Hoc Mammal Protection Act Import
Day 1—Thursday, June 7, 2018
Day 7—Wednesday, June 13, 2018 Provisions.
Habitat Committee—8 a.m. California State Delegation—7 a.m.
Groundfish Advisory Subpanel—8 DATES: Information should be received
Oregon State Delegation—7 a.m.
a.m. Washington State Delegation—7 a.m. on or before December 31, 2018. A
Groundfish Management Team—8 Although non-emergency issues not public webinar will take place from 3 to
a.m. contained in this agenda may come 4 p.m. eastern daylight saving time on
Scientific and Statistical Committee— before the Pacific Council for June 26, 2018.
8 a.m. discussion, those issues may not be the ADDRESSES: Information may be
Legislative Committee—10 a.m. subject of formal Council action during submitted to either by mail to: NMFS
Budget Committee—1 p.m. this meeting. Council action will be Office of International Affairs and
Day 2—Friday, June 8, 2018 restricted to those issues specifically Seafood Inspection, Attn.: MSRA
California State Delegation—7 a.m. listed in this notice and any issues Information, F/IS 1315 East-West
Oregon State Delegation—7 a.m. arising after publication of this notice Highway, Silver Spring, MD 20910, or
Washington State Delegation—7 a.m. that require emergency action under electronically to: IUU.PLMR.Sharks@
Groundfish Advisory Subpanel—8 Section 305(c) of the Magnuson-Stevens noaa.gov. Information on how to
a.m. Fishery Conservation and Management participate in the June 26, 2018, public
Groundfish Management Team—8 Act, provided the public has been webinar will be posted online at https://
a.m. notified of the Pacific Council’s intent to www.fisheries.noaa.gov.
Enforcement Consultants—3 p.m. take final action to address the FOR FURTHER INFORMATION CONTACT:
Day 3—Saturday, June 9, 2018 emergency. Oriana Villar, phone 301–427–8384, or
California State Delegation—7 a.m. email Oriana.Villar@noaa.gov.
Oregon State Delegation—7 a.m. Special Accommodations SUPPLEMENTARY INFORMATION: The Shark
Washington State Delegation—7 a.m. These meetings are physically Conservation Act of 2010 (Pub. L. 111–
Groundfish Advisory Subpanel—8 accessible to people with disabilities. 348) amended the Moratorium
a.m. Requests for sign language Protection Act by requiring that actions
Groundfish Management Team—8 interpretation or other auxiliary aids be taken by the United States to
a.m. should be directed to Mr. Kris strengthen shark conservation. In
Highly Migratory Species Advisory Kleinschmidt at (503) 820–2280, ext. November 2015, the Illegal, Unreported,
Subpanel—8 a.m. 411 at least 10 business days prior to the and Unregulated Fishing Enforcement
Highly Migratory Species meeting date. Act of 2015 (IUUFEA) (Pub. L. 114–81)
Management Team—8 a.m. further amended the Moratorium
Dated: May 17, 2018.
Enforcement Consultants—Ad Hoc Protection Act by, among other things,
Day 4—Sunday, June 10, 2018 Rey Israel Marquez,
expanding the scope of information that
California State Delegation—7 a.m. Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service. can be used for the identification of
Oregon State Delegation—7 a.m. nations to three years for the IUU
Washington State Delegation—7 a.m. [FR Doc. 2018–10892 Filed 5–21–18; 8:45 am]
fishing and bycatch provisions. In
Groundfish Advisory Subpanel—8 BILLING CODE 3510–22–P
December 2016 the Ensuring Access to
a.m. Pacific Fisheries Act (EAPFA) (Pub. L.
Groundfish Management Team—8 114–327) amended the Moratorium
a.m. DEPARTMENT OF COMMERCE
Protection Act by also expanding the
Highly Migratory Species Advisory National Oceanic and Atmospheric scope of information that can be used
Subpanel—8 a.m. Administration for the identification of nations to three
Highly Migratory Species years for the shark provisions.
Management Team—8 a.m. RIN 0648–XG126 Specifically, the Moratorium
Enforcement Consultants—Ad Hoc Protection Act requires the Secretary of
Day 5—Monday, June 11, 2018 Identification of Nations Engaged in
Commerce (Secretary) to identify in a
California State Delegation—7 a.m. Illegal, Unreported, or Unregulated
biennial report to Congress those
Oregon State Delegation—7 a.m. Fishing, Bycatch, or Shark Fishing
nations whose fishing vessels are
Washington State Delegation—7 a.m. AGENCY: National Marine Fisheries engaged, or have been engaged at any
Groundfish Advisory Subpanel—8 Service (NMFS), National Oceanic and point during the preceding three years,
a.m. Atmospheric Administration (NOAA), in IUU fishing. The definition of IUU
Groundfish Management Team—8 Commerce. fishing can be found at 50 CFR 300.201
a.m. ACTION: Notice; request for information. and includes:
Highly Migratory Species Advisory (1) Fishing activities that violate
Subpanel—8 a.m. SUMMARY: NMFS is seeking information conservation and management measures
Highly Migratory Species regarding nations whose vessels are required under an international fishery
Management Team—8 a.m. engaged in illegal, unreported, or management agreement to which the
Enforcement Consultants—Ad Hoc unregulated (IUU) fishing, bycatch of United States is a party, including catch
Day 6—Tuesday, June 12, 2018 protected living marine resources limits or quotas, capacity restrictions,
California State Delegation—7 a.m. (PLMR), and/or fishing activities in bycatch reduction requirements, shark
amozie on DSK3GDR082PROD with NOTICES1
Oregon State Delegation—7 a.m. waters beyond any national jurisdiction conservation measures, and data
Washington State Delegation—7 a.m. that target or incidentally catch sharks. reporting;
Groundfish Management Team—8 Such information will be reviewed for (2) In the case of non-parties to an
a.m. the purposes of the identification of international fishery management
Highly Migratory Species Advisory nations pursuant to the High Seas agreement to which the United States is
Subpanel—8 a.m. Driftnet Fishing Moratorium Protection a party, fishing activities that would
Highly Migratory Species Act (Moratorium Protection Act) and undermine the conservation of the
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![23662 Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices
In March 2018, NMFS published its • Whether multiple sources have comments information of a confidential
final 2017 LOFF (83 FR 11703, March been able to provide information in nature, such as sensitive personal
16, 2018), as required by the regulations support of an identification; information or proprietary information.
implementing the Fish and Fish Product • The methodology used to collect If you send an email comment, your
Import Provisions of the Marine the information; email address will be automatically
Mammal Protection Act. The final LOFF • Specificity of the information captured and included as part of the
reflects information received in its provided; comment that is placed in the public
response to information requests to • Susceptibility of the information to docket and made available on the
nations and the public (82 FR 2961, falsification and alteration; and internet. Please note that responses to
January 10, 2017) and during the • Credibility of the individuals or this public comment request containing
comment period on interactions organization providing the information. any routine notice about the
between commercial fisheries exporting Dated: May 16, 2018. confidentiality of the communication
fish and fish products to the United John Henderschedt, will be treated as public comment that
States and marine mammals, and may be made available to the public
Director, Office of International Affairs and
updates and revisions to the draft LOFF Seafood Inspection, National Marine notwithstanding the inclusion of the
(82 FR 39762, August 22, 2017). Fisheries Service. routine notice.
NMFS will revise the LOFF in 2020. [FR Doc. 2018–10859 Filed 5–21–18; 8:45 am] FOR FURTHER INFORMATION CONTACT:
In anticipation of this revision, NMFS is Amy Borgstrom, 202–606–6930, or by
BILLING CODE 3510–22–P
soliciting information from harvesting email at aborgstrom@cns.gov.
nations; other foreign, regional, and SUPPLEMENTARY INFORMATION:
local governments; regional fishery Title of Collection: AmeriCorps
management organizations; CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE Enrollment and Exit Form.
nongovernmental organizations; OMB Control Number: 3045–0006.
industry organizations; academic Agency Information Collection Type of Review: Revision.
institutions; and citizens and citizen Activities; Submission to the Office of Respondents/Affected Public:
groups to identify commercial fishing Management and Budget for Review Individuals and Households.
operations with intentional or and Approval; Comment Request; Total Estimated Number of Annual
incidental mortality and serious injury Application Package for AmeriCorps Respondents: 160,000.
of marine mammals. For each item we Enrollment and Exit Forms Total Estimated Annual Frequency:
are requesting you identify the Once.
exporting nation as the harvesting AGENCY: Corporation for National and Total Estimated Average Response
nation, the processing or intermediary Community Service (CNCS). Time per Response: 10 minutes.
nation, or both. For fisheries exporting ACTION: Notice of information collection; Total Estimated Number of Annual
fish and fish products to the United request for comment. Burden Hours: 266,667.
States NMFS is requesting the following Total Burden Cost (capital/startup):
information: SUMMARY: In accordance with the None.
• Number of participants; Paperwork Reduction Act of 1995, Total Burden Cost (operating/
• Number of vessels; CNCS is proposing to revise an maintenance): None.
• Gear type; information collection.
• Target species; Abstract: CNCS is seeking approval of
DATES: Written comments must be the National Service Trust Enrollment
• Area of operation;
• Fishing season; and submitted to the individual and office Form and the National Service Trust
• Information regarding the frequency listed in the ADDRESSES section by July Exit Form, which is used by
of marine mammal incidental and 23, 2018. AmeriCorps members and program staff
intentional mortality and serious injury. ADDRESSES: You may submit comments, to enroll in the National Service Trust
Such information may include fishing identified by the title of the information and to document the completion of a
vessel records; reports of on-board collection activity, by any of the member’s term of service, a requirement
fishery observers; information from off- following methods: to receiving a Segal Education Award,
loading facilities, port-side government (1) By mail sent to: Corporation for and to meet other legal and program
officials, enforcement agents, National and Community Service, requirements. CNCS also seeks to
transshipment vessel workers and fish Attention [Amy Borgstrom], 250 E Street continue using the currently approved
importers; government vessel registries; SW, Washington, DC 20525. information collection until the revised
RFMO or intergovernmental agreement (2) By hand delivery or by courier to information collection is approved by
documents, reports, and statistical the CNCS mailroom at the mail address OMB. The currently approved
document programs; appropriate catch given in paragraph (1) above, between information collection is due to expire
certification programs; and published 9:00 a.m. and 4:00 p.m. Eastern Time, on August 30, 2020.
literature and reports on commercial Monday through Friday, except federal Comments submitted in response to
fishing operations with intentional or holidays. this notice will be summarized and/or
incidental mortality and serious injury (3) Electronically through included in the request for OMB
of marine mammals. www.regulations.gov. approval. Comments are invited on: (a)
NMFS will consider all available Individuals who use a Whether the collection of information is
information, as appropriate. Information telecommunications device for the deaf necessary for the proper performance of
amozie on DSK3GDR082PROD with NOTICES1
should be as specific as possible as this (TTY–TDD) may call 1–800–833–3722 the functions of the agency, including
will assist NMFS in its review. NMFS between 8:00 a.m. and 8:00 p.m. Eastern whether the information shall have
will consider several criteria when Time, Monday through Friday. practical utility; (b) the accuracy of the
determining whether information is Comments submitted in response to agency’s estimate of the burden of the
appropriate for use in making this notice may be made available to the collection of information; (c) ways to
identifications, including: public through regulations.gov. For this enhance the quality, utility, and clarity
• Corroboration of information; reason, please do not include in your of the information to be collected; (d)
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Document Created: 2018-11-02 11:09:47
Document Modified: 2018-11-02 11:09:47
| 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 December 31, 2018. A public webinar will take place from 3 to 4 p.m. eastern daylight saving time on June 26, 2018. | |
| Contact | Oriana Villar, phone 301-427-8384, or email [email protected] | |
| FR Citation | 83 FR 23660 | |
| RIN Number | 0648-XG12 |
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