[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Notices]
[Pages 16616-16617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6980]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-BA89


Identification of Nations Whose Fishing Vessels Are Engaged in 
Fishing in Waters Beyond Any National Jurisdiction That Target or 
Incidentally Catch Sharks

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

ACTION: Notice and request for information.

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SUMMARY: NMFS is seeking information regarding nations whose vessels 
are engaged in fishing 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 August 1, 2011, but 
will be accepted up to December 1, 2011.

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

FOR FURTHER INFORMATION CONTACT: NMFS Office of International Affairs,

[[Page 16617]]

 e-mail address: [email protected] or Cheri McCarty (ph. 301-713-
9090).

SUPPLEMENTARY INFORMATION: The Shark Conservation Act of 2010 (S.850) 
amended the Moratorium Protection Act (16 U.S.C.1826d-k) to require 
actions be taken by the United States to strengthen shark conservation. 
Specifically, these amendments to the Moratorium Protection Act require 
the Secretary of Commerce to identify nations whose fishing vessels are 
engaged, or have been engaged during the preceding calendar year, 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. The Secretary is required to begin making 
identifications not later than January 4, 2012.
    The Moratorium Protection Act also requires the Secretary of 
Commerce to certify whether each nation identified has taken the 
following steps to warrant receipt of a positive certification: 
Provided documentary evidence of adoption of a regulatory program that 
is comparable to that of the United States, taking into account 
different conditions and established a management plan containing 
requirements that will assist in gathering species-specific data. If a 
nation does not receive a positive certification by the Secretary of 
Commerce, it could be subject to sanctions under the High Seas Driftnet 
Fisheries Enforcement Act (Enforcement Act) (16 U.S.C. 1826a).
    In fulfillment of its requirements under the Moratorium Protection 
Act, NMFS is in the process of collecting and analyzing information on 
nations whose vessels target or incidentally catch sharks in waters 
beyond any national jurisdiction in anticipation of making 
identifications by January 4, 2012. NMFS is soliciting information from 
the public that could assist in its identification of nations engaged 
in such activities. Information that may prove useful to NMFS includes:
     Documentation (photographs, etc.) of fishing vessels 
engaged in targeted or incidental catch of sharks on the high seas;
     Fishing vessel records;
     Trade data supporting evidence that a nation's vessels are 
engaged in shark catch;
     Reports from off-loading facilities, port-side government 
officials, enforcement agents, military personnel, port inspectors, 
transshipment vessel workers and fish importers;
     RFMO catch documents and statistical document programs, as 
appropriate;
     Nation's domestic regulations for shark conservation and 
management; 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 
whose fishing vessels are engaged, or have been engaged during the 
preceding calendar year, 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. NMFS is interested in 
information on shark fishing activity during calendar year 2011. 
Information should be as specific as possible to assist NMFS in its 
review.
    NMFS will consider several criteria when determining whether 
information is appropriate for use in making identifications, including 
but not limited to:
     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.
    On January 12, 2011, NMFS published a final rule to implement both 
the identification and certification procedures for nations whose 
vessels were engaged in illegal, unreported, or unregulated (IUU) 
fishing or bycatch of protected living marine resources. NMFS plans to 
publish a proposed rule to establish the identification and 
certification procedures for nations whose fishing vessels are engaged 
in fishing activities or practices in waters beyond any national 
jurisdiction that target or incidentally catch sharks if the nation has 
not adopted a regulatory program for the conservation of sharks that is 
comparable to that of the United States, taking into account different 
conditions.

    Dated: March 21, 2011.
Rebecca Lent,
Director, Office of International Affairs, National Marine Fisheries 
Service.
[FR Doc. 2011-6980 Filed 3-21-11; 4:15 pm]
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