CFR Correction: Reinstatement of Export Fishery Definition at 50 CFR 216.3

Content

CFR Correction

This rule is being published by the Office of the Federal Register to correct an editorial or technical error that appeared
in the most recent annual revision of the Code of Federal Regulations.

Regulatory Text In Title 50 of the Code of Federal Regulations, parts 200 to 227, revised as of October 1, 2025, in section 216.3, reinstate
the definition of “Export fishery” in alphabetical order to read as follows:

§ 216.3 Definitions.

Export fishery means a foreign commercial fishing operation determined by the Assistant Administrator to be the source of exports of commercial
fish and fish products to the United States and to have more than a remote likelihood of incidental mortality and serious
injury of marine mammals (as defined in the definition of an “exempt fishery”) in the course of its commercial fishing operations.
Where reliable information has not been provided by the harvesting nation on the frequency of incidental mortality and serious
injury of marine mammals caused by the commercial fishing operation, the Assistant Administrator may determine whether the
likelihood of incidental mortality and serious injury is more than “remote” by evaluating information concerning factors such
as fishing techniques, gear used, methods used to deter marine mammals, target species, seasons and areas fished, qualitative
data from logbooks or fisher reports, stranding data, and the species and distribution of marine mammals in the area, or other
factors at the discretion of the Assistant Administrator that may inform whether the likelihood of incidental mortality and
serious injury of marine mammals caused by the commercial fishing operation is more than “remote.” Commercial fishing operations
not specifically identified in the current List of Foreign Fisheries as either exempt or export fisheries are deemed to be
export fisheries until the next List of Foreign Fisheries is published unless the Assistant Administrator has reliable information
from the harvesting nation to properly

classify the foreign commercial fishing operation. Additionally, the Assistant Administrator, may request additional information
from the harvesting nation and may consider other relevant information as set forth in § 216.24(h)(3) about such commercial
fishing operations and the frequency of incidental mortality and serious injury of marine mammals, to properly classify the
foreign commercial fishing operation.

[FR Doc. 2026-07610 Filed 4-17-26; 8:45 am] BILLING CODE 0099-10-P

Download File

Download