[Federal Register Volume 74, Number 72 (Thursday, April 16, 2009)]
[Proposed Rules]
[Pages 17630-17631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8751]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

RIN 0648-AX72


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

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

ACTION: Notice of public hearing; request for comments.

-----------------------------------------------------------------------

SUMMARY: On January 14, 2009, NMFS published a proposed rule for 
developing identification and certification procedures to address 
illegal, unreported, or unregulated (IUU) fishing activities and 
bycatch of protected living marine resources (PLMRs) pursuant to the 
High Seas Driftnet Fishing Moratorium Protection Act (Moratorium 
Protection Act). On March 3, 2009, NMFS announced five public hearings 
to discuss and collect comments on the issues described in the proposed 
rule. This notice is to announce an additional public hearing.

DATES: The additional hearing will be held on April 27, 2009, from 
11:00 a.m. to 1:00 p.m. The due date for written comments has not 
changed and must be received no later than 5:00 p.m. Eastern time on 
May 14, 2009.

ADDRESSES: The additional public hearing will be held at 1601 Kapiolani 
Blvd, 11\th\ Floor, (the main reception is on the 11th floor and all 
visitors must check in), Honolulu, HI 96814; phone 808-944-2280.
    Written comments on this action, identified by RIN 0648-AV51, may 
be submitted by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
     Mail: Laura Cimo, Trade and Marine Stewardship Division, 
Office of International Affairs, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All personal identifying information (for example, name, 
address, etc.) voluntarily submitted by the commenter

[[Page 17631]]

may be publicly accessible. Do not submit confidential business 
information or otherwise sensitive or protected information. NMFS will 
accept anonymous comments (enter ``N/A'' in the required fields, if you 
wish to remain anonymous). Attachments to electronic comments will be 
accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file 
formats only.

FOR FURTHER INFORMATION CONTACT: Laura Cimo (ph. 301-713-9090, fax 301-
713-9106, e-mail [email protected]).

SUPPLEMENTARY INFORMATION: On January 14, 2009 (74 FR 2019), NMFS 
published a proposed rule for developing certification procedures to 
address IUU fishing activities and PLMR bycatch pursuant to the 
Moratorium Protection Act. The regulatory measures proposed in this 
rule encourage nations to cooperate with the United States towards 
ending IUU fishing and reducing the bycatch of PLMRs.
    Under the proposed rule, NMFS is required to identify foreign 
nations whose fishing vessels are engaged in IUU fishing or fishing 
activities or practices that result in bycatch of PLMRs in a biennial 
report to Congress. Once a nation has been identified in the biennial 
report, a notification and consultation process will be initiated. 
Subsequent to this process, NMFS will initiate a certification process 
regarding identified nations that considers whether the government of 
an identified nation has provided evidence that sufficient corrective 
action has been taken with respect to the activities described in the 
report or whether the relevant international fishery management 
organization has implemented measures that are effective in ending the 
IUU fishing activity by vessels of that nation. Nations will either 
receive a positive or a negative certification.
    The absence of sufficient action by an identified nation to address 
IUU fishing and/or PLMR bycatch may lead to the denial of port 
privileges for vessels of that nation, prohibitions on the importation 
of certain fish or fish products into the United States from that 
nation, or other measures.
    Identified nations that are not positively certified by the 
Secretary of Commerce could be subject to prohibitions on the 
importation of certain fisheries products into the United States and 
other measures, including limitations on port access, under the High 
Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a).

Request for Comments

    NMFS will hold six public hearings to receive oral and written 
comments on these proposed actions. Five public hearings were announced 
on March 3, 2009 (74 FR 9207). This notice provides information on an 
additional public hearing. Comments received on the proposed rule will 
assist NMFS in developing a final rule.

Special Accommodations

    The sessions are physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Laura Cimo (see FOR FURTHER INFORMATION CONTACT) 
at least 7 days prior to the session.

    Dated: April 13, 2009.
Jean-Pierre Ple,
Acting Director, Office of International Affairs, National Marine 
Fisheries Service.
[FR Doc. E9-8751 Filed 4-13-09; 4:15 pm]
BILLING CODE 3510-22-S