NOAA Considers Fish Ban for Nations "Negatively Certified" for Illegal Fishing, Etc.
The National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NMFS) has issued an advance notice of proposed rulemaking (ANPR) to consider, among other things, certification procedures for nations whose fishing vessels are engaged in illegal, unreported, or unregulated (IUU) fishing activities1 and bycatch of protected living marine resources pursuant to the High Seas Driftnet Fishing Moratorium Protection Act (Moratorium Protection Act).
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NMFS is seeking advance public comment on the development of these procedures and on the sources and types of information to be considered in the process. Written comments must be received by July 26, 2007.
(NMFS plans to arrange for one or more opportunities to obtain public input on the certification procedures. Dates and locations of any such opportunities will be published in the Federal Register at a later date.)
NMFS Considers Denial of Entry, Prohibition of Fish Imports, Etc. for Negative Certifications
Among other things, NMFS seeks comments on the effects of a negative certification for a nation identified in its biennial report, or in cases where NMFS cannot make a certification determination for an identified nation whose vessels engaged in IUU fishing or bycatch of protected living marine resources. NMFS states that relevant provisions of the Moratorium Protection Act provide for the following effects (partial list):
The Secretary of Treasury would, in accordance with recognized principles of international law, deny entry of that vessel to any place in the U.S. and to the navigable waters of the U.S.;
For nations whose vessels engaged in IUU fishing, the President would direct the Secretary of Treasury to prohibit the importation into the U.S. of fish or fish products, except to the extent that such provisions would apply to sport fishing equipment or to fish or fish products not managed under the applicable international fishery agreement; or if there is no applicable international fishery agreement, to the extent that such provision would apply to fish or fish products caught by vessels not engaged in IUU fishing;
For nations whose vessels engage in bycatch of protected living marine resources, the President would direct the Secretary of Treasury to prohibit the importation into the U.S. of fish or fish products, except to the extent that such provisions apply to sport fishing equipment or fish or fish products not caught by vessels engaged in IUU fishing; and
Possible additional measures.
1For purposes of the Moratorium Protection Act, "IUU fishing" is defined as fishing activities that violate conservation and management measures required under an international fishery management agreement to which the U.S. is a party, including catch limits or quotas, capacity restrictions, and bycatch reduction requirements; overfishing of fish stocks shared by the U.S., etc.
-written comments must be received by July 26, 2007
NOAA contact - Christopher Rogers (301) 713-9090
NOAA ANPR (D/N 070514119-7120-01; I.D. 042307D, FR Pub 06/11/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-11254.pdf