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NMFS Reopens Comment Period on Petition to Ban Certain Imports of Swordfish

The National Marine Fisheries Service is reopening the comment period on a petition1 to initiate a rulemaking to ban imports of swordfish from any and all countries that have not satisfied Section 101(a)(2) of the Marine Mammal Protection Act (MMPA).

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As a result, comments are now due by March 23, 2009 (from January 29, 2009).

(MMPA Section 101(a)(2) (16 USC 1371(a)(2)) requires (1) the Treasury Secretary to ban the importation of all commercial fish or products from fish which have been caught with commercial fishing technology which results in the incidental kill or incidental serious injury of ocean mammals in excess of U.S. standards; and (2) the Secretary of Commerce to insist on reasonable proof from the government of any nation from which fish or fish products will be exported to the U.S. of the effects on ocean mammals of the commercial fishing technology in use for such fish or fish products exported from such nation to the U.S.)

The petition states that the Secretaries have failed to obtain reasonable proof from countries exporting swordfish and swordfish products to the U.S. regarding the effects of their commercial swordfish technology on marine mammals.

1The petition was filed by the Center for Biological Diversity and Turtle Island Restoration Network.

(See ITT's Online Archives or 01/12/09 news, 09011215,for BP summary of initial request for comments.)

- general comments on the petition, as well as comments on how to define "U.S. standards" as referenced in MMPA section 101(a)(2), are now due by 03/23/09

NMFS contact - Lekelia Jenkins (301) 713-9090 X 131

NMFS notice on reopening of comment period (FR Pub 02/04/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-2369.pdf

Petition available at http://www.nmfs.noaa.gov/ia/docs/swordfish_petition_l-4.pdf