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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Proposed Rules]
[Page 4710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00716]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 216 and 300

[Docket Number 250108-008]
RIN 0648-BG11

Implementation of Provisions of the Illegal, Unreported, and 
Unregulated Fishing Enforcement Act of 2015, the Ensuring Access to 
Pacific Fisheries Act, and the James M. Inhofe National Defense 
Authorization Act for Fiscal Year 2023

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

ACTION:  Proposed rule; withdrawal.

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SUMMARY:  NMFS formally withdraws a proposed rule on the Implementation 
of Provisions of the Illegal, Unreported, and Unregulated Fishing 
Enforcement Act of 2015 and the Ensuring Access to Pacific Fisheries 
Act, which was published in the Federal Register on July 8, 2022. This 
proposed rule would have implemented certain provisions of the two acts 
and amended the definition of illegal, unreported, or unregulated (IUU) 
fishing in the regulations that implement the High Seas Driftnet 
Fishing Moratorium Protection Act (Moratorium Protection Act). After 
the proposed rule was issued, Congress amended the Moratorium 
Protection Act by the James M. Inhofe National Defense Authorization 
Act for Fiscal Year 2023 (NDAA). NMFS has been developing a revised 
proposed rule in light of the NDAA to conform to the statutory changes, 
but does not have sufficient time to finalize the rule in this 
Administration.

DATES:  The National Marine Fisheries Service is withdrawing the 
proposed rule published July 8, 2022 (87 FR 40763) as of January 16, 
2025.

ADDRESSES: Office of International Affairs, Trade, and Commerce, 
National Marine Fisheries Service, 1315 East-West Highway (F/IS5), 
Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Terra Lederhouse, Office of 
International Affairs, Trade, and Commerce, National Marine Fisheries 
Service (phone: 301-427-8360; or email: [email protected]).

SUPPLEMENTARY INFORMATION: 

Background

    On July 8, 2022, NMFS published a proposed rule (87 FR 40763) on 
the Implementation of Provisions of the Illegal, Unreported, and 
Unregulated Fishing Enforcement Act of 2015 and the Ensuring Access to 
Pacific Fisheries Act. The proposed rule would have implemented the 
Agreement on Port State Measures to Prevent, Deter and Eliminate 
Illegal, Unreported and Unregulated Fishing (PSMA) and certain other 
provisions of the Illegal, Unreported, and Unregulated Fishing 
Enforcement Act of 2015, Public Law 114-81 (November 15, 2015), as well 
as certain provisions of the Ensuring Access to Pacific Fisheries Act, 
Public Law 114-327 (December 16, 2016). The purpose of this proposed 
rule was to establish or amend procedures intended to assist the United 
States in combatting IUU fishing. It would have implemented the PSMA, 
which is intended to enhance regional and international cooperation and 
the ability of nations to detect and intercept products of IUU fishing 
before they enter into national and international markets. It would 
have amended the definition of IUU fishing in the regulations that 
implement the High Seas Driftnet Fishing Moratorium Protection Act as 
well as procedures to identify nations whose vessels undertake IUU 
fishing and other unsustainable fishing practices and negatively 
certify nations when they fail to take appropriate corrective actions. 
Finally, this proposed rule would also have amended the fisheries 
enforcement mechanisms of a number of existing statutes implementing 
U.S. obligations to regional fisheries management organizations and 
other international conservation organizations.
    After the proposed rule was issued, President Biden signed the 
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 
(NDAA), Public Law 117-263 (December 23, 2022). NMFS has been revising 
the July 8, 2022, proposed rule in light of amendments made to the 
Moratorium Protection Act by the NDAA to conform to the statutory 
changes. Combatting IUU fishing has been a top priority for NMFS, and 
NMFS has actively engaged with interagency partners and constituents on 
how best to address this critical issue through rulemaking and other 
means since the passage of the NDAA. Despite its best efforts, NMFS 
does not have sufficient time to finalize before the end of this 
Administration a revised version of the regulation that would 
appropriately address the statutory changes or to seek public input on 
those potential changes. Accordingly, NMFS hereby withdraws the July 
2022 proposed rule and terminates this rulemaking proceeding. If, in 
the future, NMFS decides it is appropriate to issue regulations on this 
topic, it will do so via a new notice of proposed rulemaking, subject 
to the requirements of the Administrative Procedure Act, 5 U.S.C. 551, 
et seq.
    Authority: Pub. L. 114-81 (November 15, 2015); Pub. L. 114-327 
(December 16, 2016); Pub. L. 117-263 (December 23, 2022); 16 U.S.C. 
1826d-k; 16 U.S.C. 1801 et seq.; 16 U.S.C. 5501 et seq.; 16 U.S.C. 2431 
et seq.; 31 U.S.C. 9701 et seq.; 16 U.S.C. 1826a-1826c; 16 U.S.C. 1361 
et seq.; 16 U.S.C. 971 et seq.; 16 U.S.C. 5601 et seq.; the Pacific 
Salmon Treaty Act, 16 U.S.C. 3631 et seq.; 16 U.S.C. 951 et seq., 16 
U.S.C. 5501 et seq.

    Dated: January 8, 2025.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2025-00716 Filed 1-15-25; 8:45 am]
BILLING CODE 3510-22-P
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