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Federal Register/Vol. 85, No. 196/Thursday, October 8, 2020 Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 / Notices 63527 Dated: October 5, 2020. rule established conditions for (bycatch) of marine mammals in excess Tracey L. Thompson, evaluating a harvesting nation’s of United States standards (16 U.S.C. Acting Deputy Director, Office of Sustainable regulatory programs to address 1371(a)(2)). NMFS published Fisheries, National Marine Fisheries Service. incidental and intentional mortality and regulations implementing these [FR Doc. 2020–22300 Filed 10–7–20; 8:45 am] serious injury of marine mammals in its statutory requirements of the MMPA in BILLING CODE 3510–22–P fisheries producing fish and fish August 2016 (81 FR 54390; August 15, products exported to the United States. 2016) (MMPA Import Provisions Rule). Specifically, fish or fish products cannot The regulations apply to any foreign DEPARTMENT OF COMMERCE be imported into the United States from nation with fisheries exporting fish and commercial fishing operations that fish products to the United States, either National Oceanic and Atmospheric result in the incidental mortality or directly or through an intermediary Administration serious injury of marine mammals in nation.1 excess of United States standards. The The LOFF lists foreign commercial [Docket No. 201001–0262; RTID 0648– fisheries that export fish and fish XA338] MMPA Import Provisions Rule established an initial five-year products to the United States and that Fish and Fish Product Import exemption period during which the have been classified as either ‘‘export’’ Provisions of the Marine Mammal import prohibitions do not apply. The or ‘‘exempt’’ based on the frequency and Protection Act; Final 2020 List of exemption period allows time for likelihood of interactions or incidental Foreign Fisheries harvesting nations to develop regulatory mortality and serious injury of a marine programs to mitigate marine mammal mammal. All fisheries that export to the AGENCY: National Marine Fisheries bycatch in their respective fisheries. United States must be included on the Service (NMFS), National Oceanic and After the exemption period, fish and LOFF by January 1, 2022. A harvesting Atmospheric Administration (NOAA), fish products identified by the Assistant nation must apply for and receive a Commerce. Administrator as from export and Comparability Finding for each of its ACTION: Notice of availability. exempt fisheries in the LOFF can only export and exempt fisheries on the be imported into the United States if the LOFF to continue to export fish and fish SUMMARY: NMFS is publishing its final harvesting nation has applied for and products to the United States from those 2020 List of Foreign Fisheries (LOFF), as received a Comparability Finding from fisheries beginning January 1, 2022. required by the regulation implementing NMFS. The 2016 final rule established What do the classifications of ‘‘exempt the Fish and Fish Product Import procedures that a harvesting nation fishery’’ and ‘‘export fishery’’ mean? Provisions of the Marine Mammal must follow and conditions it must meet Protection Act (MMPA). The final 2020 to receive a Comparability Finding for a The classifications of ‘‘exempt LOFF reflects new information received fishery. The rule also established fishery’’ or ‘‘export fishery’’ determine during the comment period on provisions for intermediary nations to the criteria that a nation’s fishery must interactions between commercial ensure that such nations do not import meet to receive a Comparability Finding fisheries exporting fish and fish and re-export to the United States fish for that fishery. A Comparability products to the United States and or fish products that are subject to an Finding is required for both exempt and marine mammals and updates and import prohibition. export fisheries, but the criteria for revises the draft 2020 LOFF. NMFS This final 2020 LOFF (see https:// exempt and export fisheries differ. classified commercial fisheries in this www.fisheries.noaa.gov/foreign/ For an exempt fishery, the criteria to final 2020 LOFF into one of two international-affairs/list-foreign- receive a Comparability Finding are categories, either ‘‘export’’ or ‘‘exempt,’’ fisheries) makes updates to the final limited to conditions related only to the based upon frequency and likelihood of 2017 LOFF, which was published on prohibition of intentional killing or incidental mortality and serious injury March 16, 2018 (83 FR 11703) and the injury of marine mammals (see 50 CFR of marine mammals likely to occur draft 2020 LOFF, which was published 216.24(h)(6)(iii)(A)). For an export incidental to each fishery. The on March 17, 2020 (85 FR 15116). fishery, the criteria to receive a classification of a fishery on the final Comparability Finding include the What is the List of Foreign Fisheries? 2020 LOFF determines which regulatory conditions related to the prohibition of requirements will be applicable to that Based on information provided by intentional killing or injury of marine fishery for it to receive a Comparability nations, industry, the public, and other mammals (see 50 CFR Finding necessary to export fish and readily available sources, NMFS 216.24(h)(6)(iii)(A)) and the requirement fish products to the United States from identified nations with commercial to develop and maintain regulatory that fishery. The final 2020 LOFF can be fishing operations that export fish and programs comparable in effectiveness to found at: https:// fish products to the United States and the U.S. regulatory program for reducing www.fisheries.noaa.gov/foreign/ classified each of those fisheries based incidental marine mammal bycatch (see international-affairs/list-foreign- on their frequency of marine mammal 50 CFR 216.24(h)(6)). The definitions of fisheries. interactions as either ‘‘exempt’’ or ‘‘exempt fishery’’ and ‘‘export fishery’’ ‘‘export’’ fisheries (see Definitions are stated in the Definitions below. FOR FURTHER INFORMATION CONTACT: below). The entire list of these export Nina Young, NMFS IASI at and exempt fisheries, organized by 1 With respect to all references to ‘‘nation’’ or [email protected], mmpa.loff@ nation (or economy), constitutes the ‘‘nations’’ in the rule, it should be noted that the noaa.gov, or 301–427–8383. LOFF. Taiwan Relations Act of 1979, Public Law 96–8, SUPPLEMENTARY INFORMATION: In August Section 4(b)(1), provides that [w]henever the laws Why is the LOFF important? of the United States refer or relate to foreign 2016, NMFS published a final rule (81 countries, nations, states, governments, territories FR 54390; August 15, 2016) Under the MMPA, the United States or similar entities, such terms shall include and implementing the fish and fish product prohibits imports of commercial fish or such laws shall apply with respect to Taiwan. 22 U.S.C. 3303(b)(1). This is consistent with the United import provisions (section 101(a)(2)) of fish products caught in commercial States’ one-China policy, under which the United the MMPA (hereafter referred to as the fishing operations resulting in the States has maintained unofficial relations with MMPA Import Provisions Rule). This incidental killing or serious injury Taiwan since 1979. VerDate Sep<11>2014 17:48 Oct 07, 2020 Jkt 253001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\08OCN1.SGM 08OCN1 khammond on DSKJM1Z7X2PROD with NOTICES 63528 Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 / Notices What type of fisheries are included in Frequently Asked Questions About the data, the species and distribution of the List of Foreign Fisheries? LOFF and the MMPA Import Provisions marine mammals in the area, or other Definitions Within the MMPA Import factors. The LOFF contains only those Provisions Commercial fishing operations not commercial fishing operations specifically identified in the current authorized by the harvesting nation to What is a ‘‘Comparability Finding?’’ LOFF as either exempt or export fish and export fish and fish products to A Comparability Finding is a finding fisheries are deemed to be export the United States. 50 CFR 18.3 defines by NMFS that the harvesting nation has fisheries until a revised LOFF is posted, ‘‘commercial fishing operation’’ as the implemented a regulatory program for unless the harvesting nation provides lawful harvesting of fish from the an export or exempt fishery that has met the Assistant Administrator with marine environment for profit as part of the applicable conditions specified in information to properly classify a an on-going business enterprise. This the regulations (see 50 CFR 216.24(h)) foreign commercial fishing operation does not include sport-fishing activities, subject to the additional considerations not on the LOFF. To properly classify for Comparability Findings set out in whether or not carried out by charter the foreign commercial fishing the regulations. A Comparability boat or otherwise, and whether or not operation, the Assistant Administrator Finding is required for a nation to may also request additional information the fish caught are subsequently sold. At export fish and fish products to the from the harvesting nation, as well as 50 CFR 229.2, ‘‘commercial fishing United States. To receive a consider other relevant information operation’’ is defined as the catching, Comparability Finding for an export about such commercial fishing taking, or harvesting of fish from the fishery, the harvesting nation must operations and the frequency of marine environment (or other areas maintain a regulatory program with incidental mortality and serious injury where marine mammals occur) that respect to that fishery that is comparable of marine mammals. results in the sale or barter of all or part in effectiveness to the U.S. regulatory of the fish harvested. The term includes program for reducing incidental marine What is the definition of an ‘‘exempt licensed commercial passenger fishing mammal bycatch. This requirement may fishery?’’ vessel (as defined in section 216.3 of 50 be met by developing, implementing, The definition of exempt fishery can CFR 216) activities and aquaculture and maintaining a regulatory program be found in the implementing activities.
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