[Federal Register Volume 72, Number 70 (Thursday, April 12, 2007)]
[Rules and Regulations]
[Pages 18404-18405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1830]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 070402076-7076-01; I.D. 022007B]
RIN 0648-AV23


Illegal, Unreported, or Unregulated Fishing

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

ACTION: Final rule.

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SUMMARY: NMFS publishes this final rule to satisfy the requirement in 
section 403 of the Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act of 2006 (MSRA) to publish a definition of the term 
``illegal, unreported, or unregulated (IUU)'' fishing for purposes of 
the MSRA.

DATES: This final rule is effective April 12, 2007.

ADDRESSES: Dean Swanson, Chief, International Fisheries Affairs 
Division, Office of International Affairs, NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Dean Swanson at 301-713-2276, fax 301-
713-2313.

SUPPLEMENTARY INFORMATION: Section 403 of the MSRA amends the High Seas 
Driftnet Fishing Moratorium Protection Act (Driftnet Moratorium 
Protection Act), 16 U.S.C. 1826d et seq., by adding, among other 
things, a new section 609 that addresses illegal, unreported, or 
unregulated fishing. Section 609 requires the Secretary of Commerce 
(Secretary) to identify, and list in a biennial report to Congress, a 
nation if its fishing vessels are engaged, or have been engaged during 
the preceding 2 years, in illegal, unreported, or unregulated fishing. 
Section 609 also provides for notification to and consultation with 
nations and an ``IUU Certification Procedure'' for determining if a 
nation or relevant international fishery management organization has 
taken specified action to address the IUU fishing activities. As an 
initial step, section 609(e)(2) requires the Secretary to ``publish a 
definition of the term 'illegal, unreported, or unregulated fishing,' 
for purposes of this Act,'' within 3 months after the date of enactment 
of MSRA, i.e., by April 12, 2007. Publication of this definition is the 
focus of this rulemaking. NMFS intends to conduct separate rulemaking,

[[Page 18405]]

as needed, to implement other requirements such as the IUU 
certification procedure.
    Section 609(e)(3) states that ``the Secretary shall include in the 
definition, at a minimum--

    (A) fishing activities that violate conservation and management 
measures required under an international fishery management 
agreement to which the United States is a party, including catch 
limits or quotas, capacity restrictions, and bycatch reduction 
requirements; (B) overfishing of fish stocks shared by the United 
States, for which there are no applicable international conservation 
or management measures or in areas with no applicable international 
fishery management organization or agreement, that has adverse 
impacts on such stocks; and (C) fishing activity that has an adverse 
impact on seamounts, hydrothermal vents, and cold water corals 
located beyond national jurisdiction, for which there are no 
applicable conservation or management measures or in areas with no 
applicable international fishery management organization or 
agreement.''

    NMFS has decided to publish the definition exactly as set forth in 
section 403 of MSRA (new section 609(e)(3) of the Driftnet Moratorium 
Protection Act). As noted above, NMFS will initiate separate rulemaking 
for the IUU certification procedure, and if needed, may promulgate 
additional implementing regulations for the definition of ``illegal, 
unreported, or unregulated'' fishing as that procedure is developed.
    Therefore, for purposes of the MSRA, this final rule defines 
``illegal, unreported, or unregulated'' fishing as: (A) fishing 
activities that violate conservation and management measures required 
under an international fishery management agreement to which the United 
States is a party, including catch limits or quotas, capacity 
restrictions, and bycatch reduction requirements; (B) overfishing of 
fish stocks shared by the United States, for which there are no 
applicable international conservation or management measures or in 
areas with no applicable international fishery management organization 
or agreement, that has adverse impacts on such stocks; or (C) fishing 
activity that has an adverse impact on seamounts, hydrothermal vents, 
and cold water corals located beyond national jurisdiction, for which 
there are no applicable conservation or management measures or in areas 
with no applicable international fishery management organization or 
agreement.

Classification

    This final rule is published under the authority of the MSRA.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment is unnecessary. This rule publishes verbatim a definition 
that is already set forth in a statute, and NMFS has no authority to 
publish a definition that does not include the specific elements set 
forth in the statute. Thus, public comment would be unnecessary. For 
the same reason, the Assistant Administrator finds good cause to waive 
the 30-day delay in effectiveness pursuant to 5 U.S.C. 553(d)(1). This 
rule publishes verbatim a definition that is already set forth in a 
statute; thus, public comment would be unnecessary.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.

List of Subjects in 50 CFR Part 300

    Fisheries; Fishing; Fishing vessels; Illegal, unreported, or 
unregulated fishing; Foreign relations.

    Dated: April 10, 2007.
William T. Hogarth
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
For the reasons set out in the preamble, 50 CFR part 300 is amended as 
follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart N--Definition of Illegal, Unreported, or Unregulated 
Fishing

0
1. Subpart N, consisting of Sec. Sec.  300.200 and 300.201, is added to 
read as follows:
Subpart N--Definition of Illegal, Unreported, or Unregulated Fishing
Sec.
300.200 Purpose.
300.201 Definition.

Subpart N--Definition of Illegal, Unreported, or Unregulated 
Fishing

    Authority: 16 U.S.C. 1826d et seq.


Sec.  300.200  Purpose.

    The purpose of this subpart is to satisfy the requirement in 
section 403 of the Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act of 2006 (``Act'') to publish a definition of the 
term ``Illegal, unreported, or unregulated fishing'' for purposes of 
the Act.


Sec.  300.201  Definition.

    Illegal, unreported, or unregulated fishing means:
    (1) Fishing activities that violate conservation and management 
measures required under an international fishery management agreement 
to which the United States is a party, including catch limits or 
quotas, capacity restrictions, and bycatch reduction requirements;
    (2) Overfishing of fish stocks shared by the United States, for 
which there are no applicable international conservation or management 
measures or in areas with no applicable international fishery 
management organization or agreement, that has adverse impacts on such 
stocks; or
    (3) Fishing activity that has an adverse impact on seamounts, 
hydrothermal vents, and cold water corals located beyond national 
jurisdiction, for which there are no applicable conservation or 
management measures or in areas with no applicable international 
fishery management organization or agreement.
[FR Doc. 07-1830 Filed 4-10-07; 12:51 pm]
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