[Federal Register Volume 76, Number 127 (Friday, July 1, 2011)]
[Notices]
[Page 38620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16619]


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 DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RIN 0648-XA479]


International Fisheries; Atlantic Highly Migratory Species; 
Bluefin Tuna Import, Export, Re-Export

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

ACTION: Notice of non-compliance with international commission 
standards.

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SUMMARY: Through the International Commission for the Conservation of 
Atlantic Tunas (ICCAT), it has come to the attention of NMFS that 
Libyan vessels may not be meeting ICCAT requirements for Atlantic 
bluefin tuna fishing in the Mediterranean. NMFS advises importers to 
take great care with respect to any import of Atlantic bluefin tuna 
harvested by Libyan vessels in 2011, as these shipments may have been 
illegally harvested and could be subject to increased scrutiny and 
potential liability.

FOR FURTHER INFORMATION CONTACT: Questions relating to permits or 
regulations may be directed to Margo Schulze-Haugen at (301) 713-2334, 
and questions relating to ICCAT requirements may be directed to Rebecca 
Lent at (301) 427-8368.

SUPPLEMENTARY INFORMATION: Libya's inability to participate in the 
ICCAT regional observer program this year as confirmed by the ICCAT 
Administration, and its current failure to transmit vessel monitoring 
system (VMS) data is of primary concern. ICCAT requires that large 
scale (> 24 m) purse seine vessels fishing for eastern Atlantic and 
Mediterranean bluefin tuna carry an ICCAT-assigned regional observer 
and transmit certain data directly to ICCAT using a satellite-based 
vessel monitoring system. ICCAT requirements provide that such purse 
seine vessels without an ICCAT-placed observer shall not be authorized 
to fish or to operate in the bluefin tuna fishery. Thus, any product 
taken by Libya's purse seine fleet under these conditions in 2011 would 
not be in compliance with ICCAT conservation and management measures.
    Failure to implement these ICCAT requirements is subject to action 
at the national and international levels. In that regard, other ICCAT 
members that import bluefin tuna, in particular Japan and the European 
Union, have indicated that they will prohibit the import of Libyan-
caught bluefin tuna if harvested in 2011 contrary to the requirements 
of ICCAT. The United States has implemented through regulation its 
obligation under ICCAT's Bluefin Catch Document program to require, as 
a condition of importation into the United States and conduct of other 
transactions (such as export and re-export), that all bluefin tuna 
shipments be accompanied by a properly completed catch document that 
has been validated by a government official or other authorized 
individual of the flag or exporting State (unless the fish are tagged) 
(73 FR 31380, June 2, 2008). Improperly documented bluefin tuna may be 
prohibited from importation into the United States or be subject to 
other sanctions.

    Dated: June 28, 2011.
 Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2011-16619 Filed 6-30-11; 8:45 am]
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