NMFS Seeks Info on Foreign Vessels that Catch Sharks, Could Sanction Fish Imports
The National Marine Fisheries Service seeks information to assist it in identifying any nations whose vessels are engaged in fishing in waters beyond any national jurisdiction that target or incidentally catch sharks. Identified nations that are not positively certified could have its fish or fish product imports subject to sanctions.
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Submissions are due by August 1, 2011, but will be accepted up to December 1, 2011.
(The Shark Conservation Act of 2010 amended the High Seas Driftnet Fishing Moratorium Protection Act (Moratorium Protection Act) to require the Secretary of Commerce to identify nations: (i) 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 (ii) 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 U.S., taking into account different conditions.)
NMFS Must Identify Nations Whose Vessels Catch Sharks by Jan 4
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, as required by the Moratorium Protection Act.
(NMFS will consider several criteria when determining whether information is appropriate for use in making identifications, including: whether multiple sources have been able to provide information in support of an identification; susceptibility of the information to falsification and alteration; credibility of the individuals or organization providing the information; etc.)
NMFS Must Certify if Each IDed Nation Has Taken Certain Conservation Steps
After making the identifications, the Secretary must certify whether each identified nation has taken certain regulatory and management plan steps1 to warrant the receipt of a positive certification. NMFS states that if a nation does not receive a positive certification by the Secretary, it could be subject to sanctions under the High Seas Driftnet Fisheries Enforcement Act (Enforcement Act) (16 USC 1826a).
Noncomplying IDed Nations Could Have Fish/Sport Equip Imports Banned, Etc.
The Enforcement Act states that the fishing vessels of any identified nation could be subject to the withholding or revocation of clearance, and denial of entry into any place in the U.S. and to U.S. navigable waters. If an agreement to terminate the illegal, unreported, or unregulated fishing (IUU) by the vessels of that nation is not reached, the President could direct the Secretary of Treasury to prohibit the importation into the U.S. of fish or fish products and sport fishing equipment from that nation.
(See NMFS' notice for the type of information that NMFS states may be useful in assisting it to identify nations engaging in such shark fishing activities.)
Upcoming Proposed Rule on Procedures for Identification and Certification
NMFS states that it 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 U.S., taking into account different conditions.
1The steps to warrant the receipt of a positive certification include that the nation: (i) provided documentary evidence of adoption of a regulatory program comparable to that of the U.S., taking into account different conditions; and (ii) established a management plan containing requirements that would assist in gathering species-specific data.
(See ITT's Online Archives or 01/012/11 news, 11011214, for BP summary of NMFS final rule on identification procedures for nations engaged in IUU fishing.
See ITT's Online Archives or 01/12/11 news, 11011821, for BP summary of NMFS identifying 6 nations for IUU fishing.)
NMFS Contact- Cheri McCarty (301) 713-9090
(Billing Code 3510-22-P, FR Pub 03/24/11)