[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Notices]
[Page 79155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32690]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA875


International Affairs; 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.

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SUMMARY: On March 24, 2011, NMFS published a notice and requested 
information regarding nations whose vessels are engaged in fishing in 
waters beyond any national jurisdiction that target or incidentally 
catch sharks. However, upon further reflection and review of the 
statute, NMFS proposes to begin the process of making identifications 
by January 4, 2012, and publish the first identifications in the 
January 2013 Biennial Report to Congress, coincident with the next 
identification process under the IUU fishing and bycatch provisions of 
the Moratorium Protection Act.

DATES: Effective December 21, 2011.

FOR FURTHER INFORMATION CONTACT: Cheri McCarty, NMFS Office of 
International Affairs. (301) 427-8369.

SUPPLEMENTARY INFORMATION: 

Background

    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: (1) 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 (2) nations that have 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.
    NMFS solicited information from the public on activities of fishing 
vessels from foreign nations engaged in shark catch beyond any national 
jurisdiction on March 24, 2011 (76 FR 16616), and indicated that it 
anticipated making the first identifications under this statute by 
January 4, 2012. However, upon further reflection and review of the 
statute, NMFS proposes to begin the process of making identifications 
by January 4, 2012, and publish the first identifications in the 
January 2013 Biennial Report to Congress, coincident with the next 
identification process under the IUU fishing and bycatch provisions of 
the Moratorium Protection Act. This approach is consistent with the 
statute and will treat all identified nations equally. If 
identifications were made in January 2012, it would provide 
potentially-affected foreign nations only one year to become familiar 
with the new shark provisions before identification decisions were made 
and only one year to take the necessary actions to receive a positive 
certification. NMFS has already started collecting and analyzing 
information that could help the agency determine which nations may have 
vessels engaging in fishing activities or practices on the high seas 
that target or incidentally catch sharks.

    Dated: December 15, 2011.
Rebecca Lent,
Director, Office of International Affairs, National Marine Fisheries 
Service.
[FR Doc. 2011-32690 Filed 12-20-11; 8:45 am]
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