Proposed Rule2025-00716
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
Primary source
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Published
January 16, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 10 (Thursday, January 16, 2025)</title>
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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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="/cdn-cgi/l/email-protection#9febfaededfeb1f3fafbfaedf7f0eaecfadff1f0fefeb1f8f0e9"><span class="__cf_email__" data-cfemail="7004150202115e1c15141502181f050315301e1f11115e171f06">[email protected]</span></a>).
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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