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DOC/NOAA

RIN: 0648-BA89

Publication ID: 2012

Title: High Seas Driftnet Fishing Moratorium Protection Act; Identification and Certification Procedures to Address Shark Conservation
Abstract: NMFS is amending identification and certification procedures under the High Seas Driftnet Fishing Moratorium Protection Act to help achieve shark conservation in international fisheries. NMFS must identify nations whose fishing vessels have engaged in high seas fisheries targeting or incidentally catching sharks not subject to a regulatory program for the conservation of sharks comparable to that of the United States, taking into account different conditions, as required under the Shark Conservation Act (Pub. L. 111-348). NMFS would subsequently certify whether identified nations have adopted regulatory programs governing the conservation of sharks that are comparable to U.S. programs, taking into account different conditions, and established management plans for sharks. The absence of sufficient steps may lead to prohibitions on the importation of certain fisheries products into the United States and other measures. NMFS is also amending the regulatory definition of "illegal, unreported, and unregulated fishing" under the High Seas Driftnet Fishing Moratorium Protection Act. The procedures for identification and certification would entail a multilateral approach of consultations and negotiations with other nations to achieve shark conservation. This action is not expected to have adverse economic impacts, and any such impacts would be well below the economic threshold of impact pursuant to Executive Order 12866. In addition, there are no novel legal or policy issues associated with this action since identification and certification procedures have already been established in regulations (50 CFR Part 300). However, this action is significant under the meaning of Executive Order 12866 because it could lead to trade restrictive measures applied against foreign nations.
Agency: Department of Commerce(DOC)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 50 CFR 300
Legal Authority: 16 USC 1826d-1826k

Legal Deadline:

Action	Source	Description	Date
Final	Statutory	The rule needs to be published by December 4, 2011, due to the 30-day delay in effectiveness.	01/04/2012

Timetable:

Action	Date	FR Cite
NPRM	07/10/2012	77 FR 40553
NPRM Comment Period End	08/09/2012
Final Action	01/00/2013

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No
Agency Contact: Christopher Rogers Division Chief Department of Commerce National Oceanic and Atmospheric Administration 1315 East-West Highway, Silver Spring, MD 20910 Phone:301 713-9090 Fax:301 713-9106 Email: christopher.rogers@noaa.gov