[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Notices]
[Pages 15136-15137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5786]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG18


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

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

ACTION: Notice; request for information.

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

DATES: Information must be received by April 21, 2008

ADDRESSES: Information must be submitted by mail to NMFS Office of 
International Affairs, Attn.: Laura Cimo, 1315 East-West Highway, 
Silver Spring, MD 20910; by E-mail to: [email protected]; or by fax 
to (301) 713-9106.

FOR FURTHER INFORMATION CONTACT: Laura Cimo, NMFS Office of 
International Affairs, (301) 713-9090 ext. 132, e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: The Moratorium Protection Act, as amended by 
the Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act of 2006, requires the United States to strengthen 
international fishery management organizations and address IUU fishing 
and bycatch of PLMRs. Specifically, the Moratorium Protection Act 
requires the Secretary of Commerce 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 two years, in IUU fishing. 
Additionally, the Secretary of Commerce must identify in the biennial 
report those nations whose fishing vessels are engaged, or have been 
engaged during the preceding calendar year, in fishing activities 
either 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.
    The first biennial report is due to Congress in January 2009. The 
Moratorium Protection Act also mandates the development of regulations 
that set forth the certification procedures for nations identified in 
the biennial report. NMFS is currently in the process of developing 
these regulations and will promulgate a final rule prior to issuing the 
first certification decisions under this statute. The public will be 
provided an opportunity to comment on the proposed rule when it is 
published at a later date.
    At this time, NMFS is gathering information for the purposes of 
identifying nations whose fishing vessels are engaged in IUU fishing or 
fishing practices that result in bycatch of PLMRs for publication in 
the first biennial report to Congress. NMFS is soliciting from the 
public, other nations and international organizations,

[[Page 15137]]

information that is relevant to the identification of nations engaged 
in IUU activities and bycatch. Sources of information that NMFS may 
rely upon to make identifications include, but are not limited to:
     fishing vessel records;
     reports from off-loading facilities, port-side government 
officials, enforcement agents, military personnel, port inspectors, 
transshipment vessel workers and fish importers;
     government vessel registries;
     IUU vessel lists from RFMOs;
     RFMO catch documents and statistical document programs;
     appropriate catch or trade certification programs; and
     statistical data or incident 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. In its determinations as to whether 
information is appropriate for use in making identifications, NMFS will 
consider several criteria, including, but not limited to:
     whether the information can be corroborated;
     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 individual or organization providing 
the information.
    In addition, NMFS poses the following questions: What sources of 
information should NMFS consider in identifying nations engaged in IUU 
fishing activities and bycatch of protected living marine resources? 
Would the above sources of information be useful to NMFS in making such 
identifications?
    In order to process and verify all information in a timely manner, 
NMFS will not be able to consider any information submitted after the 
close of the information gathering period (see DATES).

    Dated: March 17, 2008.
Rebecca Lent
Director, Office of International Affairs, National Marine Fisheries 
Service.
[FR Doc. E8-5786 Filed 3-20-08; 8:45 am]
BILLING CODE 3510-22-S