Comment on FR Doc # E8-07068

A0648-AU88 May 5, 2008 Dianne Stephan Highly Migratory Species Division Office of Sustainable Fisheries National Marine Fisheries Service One Blackburn Drive Gloucester, MA 01930 Dear Ms. Stephan: Ocean Conservancy appreciates this opportunity to comment on the National Marine Fisheries Service (NMFS) proposals to modify permitting and reporting requirements for the Highly Migratory Species (HMS) International Trade Permit (ITP). We are generally supportive of NMFS efforts to improve the monitoring and control of international trade in HMS and combat illegal, unregulated and unreported fishing. We believe such initiatives should be aimed not only at “internationally managed species” but also at unmanaged species. Overview We stress the need for NMFS to work closely with Congress regarding any relevant impact from changes in U.S. law (proposed through the Shark Conservation Act of 2008) that may further limit the transport of shark fins without corresponding carcasses. Ocean Conservancy strongly supports this bill’s proposal to apply finning restrictions to “vessels” rather than only “fishing vessels” in order to close a loophole that has prevented proper enforcement of the U.S. ban on shark finning. In the event that this definition change is not made and/or in cases where such a change does not apply to or negate NMFS plans for improvements to the ITP program, we strongly support the proposal to require that shark fin importers, exporters, and re-exporters obtain an HMS ITP. We assert, however, that additional steps are also urgently needed to track and control the international trade in sharks and fulfill multiple U.S. commitments to work to conserve these vulnerable species on an international level. Permit shark fin traders The growing, lucrative market for shark fins is indeed a driving force behind most shark fisheries and shark population depletion in the U.S. Atlantic and around the world. We applaud NMFS for highlighting the difficulties associated with tracking shark fin trade and compliance with shark regulations that stem from insufficient information on the individuals involved. With the above caveats, we strongly support the intention of NMFS to improve enforcement of shark regulations and our understanding of the shark fin trade by requiring that all shark fin traders obtain ITPs, and to apply that requirement broadly to all traders from all ocean areas. Require reporting by permit holders Enhanced information on the international trade in sharks is urgently needed to evaluate current conservation rules and form the basis for improvements. We therefore urge NMFS to impose on ITP holders reporting requirements for shark trade that similar to those required for the other HMS immediately (not down the line). As recommended by countless experts, such data should be reported to the species level. At the very least, NMFS should ensure that basic trade information is collected through this new shark trade permit program, beginning as soon as it is established. Expand permits for trade in shark parts beyond fins Whereas the strong demand for shark fins poses great threat to shark populations, we note that sharks are also sought for other parts. In particular, international trade in shark meat and liver oil is a contributing factor in serious depletion of several species. Porbeagle sharks (offered in the NMFS proposal as an example of overfished Atlantic species valued for their fins) are also highly prized for their meat and, as such, are a leading candidate among sharks for listing under the Convention on International Trade in Endangered Species (CITES). The dominant species in shark catches from international Atlantic waters – blue sharks – are now increasingly targeted for meat while numerous deepwater shark species have been essentially mined to satisfy demand for shark liver oil. Whereas characterizing and controlling the trade in shark fins may need to be an immediate priority, we urge NMFS to consider expanding, as soon as possible, the products for which international dealer permits are required to include shark meat and other parts (liver oil, skin, teeth, cartilage). Propose complementary ICCAT Recommendation for sharks We notice that many of the international permitting and reporting requirements for HMS stem from Recommendations by the International Commission for the Conservation of Atlantic Tunas (ICCAT). It appears that such actions are improving the monitoring of catches and trade of tuna and swordfish. Given that concern for Atlantic shark population has resulted in multiple ICCAT Recommendations since 2004 (including calls to reduce fishing mortality for porbeagle and shortfin mako sharks in addition to the finning ban), we request that NMFS propose at the ICCAT 2008 annual meeting a Recommendation to require improvements in Parties’ catch documentation and trade tracking with respect to sharks. We believe sharks are as deserving of such improvements as other HMS and find such action in line with the commitments to international shark conservation outlined in the next two sections. Supporting International commitments - CITES Given that the U.S. is an active member of CITES and a leading voice for shark conservation within its Animals Committee, we urge you to take into account the Decisions with respect to sharks that are in effect after last year’s 14th meeting of the Conference of the CITES Parties (14.101to 14.117). In particular, Parties are, inter alia, encouraged to (emphasis added): • differentiate between fresh/chilled, frozen and dried, processed and unprocessed, shark meat, oil, skin, cartilage and fin products, imports, exports and re-exports, for both CITES-listed and non-listed shark species; • ensure that international trade is not detrimental to the status of species of concern; • report to the Animals Committee on the fisheries, environmental and international trade management measures adopted, levels of landings and exports, and the status of these stocks and fisheries; • identify opportunities to improve, in cooperation with FAO and relevant fishery management bodies, the monitoring and reporting of catch, bycatch, discards, market and international trade data, at the species level where possible; • establish systems to provide verification of catch information; • request through FAO and regional fishing management organizations where appropriate that these organizations develop and implement regional shark plans and associated measures to assist in species identification and monitoring, as called for in the IPOA-Sharks, by mid-2009 in order to report at the 15th meeting of the Conference of Parties. Supporting International Commitments – Shark Finning Prohibition Act We also remind you that Section 5 of the Shark Finning Prohibition Act of 2000 mandates that the Secretary of Commerce, acting through the Secretary of State, shall (emphasis added): • initiate discussions with all foreign governments which are engaged in, or which have persons or companies engaged in shark-finning, for the purposes of collecting information on the nature and extent of shark-finning by such persons and the landing or trans-shipment of shark fins through foreign ports; and • urge other governments involved in fishing for or importation of shark or shark products to fulfill their obligations to collect biological data, such as stock abundance and by-catch levels, as well as trade data, on shark species. We believe that these commitments under CITES and the Shark Finning Prohibition Act support the requests made in this letter and related initiatives by NMFS to improve the tracking and control of international trade in sharks. We look forward to working with NMFS toward these and other important HMS conservation goals. Thank you for considering our views. Sincerely, Sonja V. Fordham Director, Shark Conservation Program