[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Proposed Rules]
[Pages 81251-81262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32743]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 216 and 300

[Docket No. 090223227-5999-02]
RIN 0648-AX63


Trade Monitoring Procedures for Fishery Products; International 
Trade in Seafood; Permit Requirements for Importers and Exporters

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to revise procedures and 
requirements for filing import, export, and re-export documentation for 
certain fishery products to meet requirements for the SAFE Port Act of 
2006, the Magnuson-Stevens Fishery Conservation and Management Act 
(MSA), other applicable statutes, and obligations that arise from U.S. 
participation in regional fishery management organizations (RFMOs) and 
other arrangements to which the United States is a member or 
contracting party. Specifically, NMFS proposes to integrate the 
collection of trade documentation within the government-wide 
International Trade Data System (ITDS) and require electronic 
information collection through the automated portal maintained by the 
Department of Homeland Security, Customs and Border Protection (CBP). 
Under this integration, NMFS would require annually renewable 
International Fisheries Trade Permits (IFTP) for the import, export, 
and re-export of certain regulated seafood commodities that are subject 
to trade monitoring programs of RFMOs and/or subject to trade 
documentation requirements under domestic law. These trade monitoring 
programs enable the United States to exclude products that do not meet 
the criteria for admissibility to U.S. markets, including products 
resulting from illegal, unregulated, and unreported (IUU) fishing 
activities. This proposed rule would consolidate existing international 
trade permits for regulated seafood products under the Antarctic Marine 
Living Resources (AMLR) and Highly Migratory Species International 
Trade Permit (HMS ITP) programs and expand the scope of the permit 
requirement to include regulated seafood products under the Tuna 
Tracking and Verification Program (TTVP). This proposed rule would also 
stipulate data and trade documentation for the above programs which 
must be provided electronically to CBP and address recordkeeping 
requirements for these programs in light of the proposed changes. Trade 
documentation excludes any programmatic documents that are not required 
at the time of entry/export (e.g., biweekly dealer reports).

DATES: Written comments must be received by February 29, 2016.

ADDRESSES: You may submit comments on this document, identified by 
docket NOAA-NMFS-2009-0124, by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2009-0124, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
    Mail: Mark Wildman, International Fisheries Division, Office for 
International Affairs and Seafood Inspection, NOAA Fisheries, 1315 
East-West Highway, Silver Spring, MD 20910.

[[Page 81252]]

    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to the Office for International Affairs 
and Seafood Inspection (see FOR FURTHER INFORMATION CONTACT) or by 
email to the Office of Information and Regulatory Affairs at 
[email protected] or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Mark Wildman, International Trade and 
Marine Stewardship Division, Office for International Affairs and 
Seafood Inspection, NOAA Fisheries (phone 301-427-8386, or email 
[email protected]).

SUPPLEMENTARY INFORMATION:

Background

    The Security and Accountability For Every Port Act of 2006 (SAFE 
Port Act, Pub. L. 109-347) requires all Federal agencies with a role in 
import admissibility decisions to collect information electronically 
through the ITDS. The Department of the Treasury has the U.S. 
Government lead on ITDS development and Federal agency integration. CBP 
developed Automated Commercial Environment (ACE) as an internet-based 
system for the collection and dissemination of information for ITDS. 
The Office of Management and Budget (OMB), through its e-government 
initiative, oversees Federal agency participation in ITDS, with a focus 
on reducing duplicate reporting across agencies and migrating paper-
based reporting systems to electronic information collection.
    The term ITDS refers to the integrated, government-wide project for 
the electronic collection, use, and dissemination of the international 
trade and transportation data Federal agencies need to perform their 
missions, while the term ACE refers to the ``single window'' system 
through which the trade community will submit data related to imports 
and exports. Detailed information on ITDS is available at: http://www.itds.gov.
    Numerous Federal agencies are involved in the regulation of 
international trade and many of these agencies participate in the 
import, export and transportation-related decision-making process. 
Agencies also use trade data to monitor and report on trade activity. 
NMFS is a partner government agency in the ITDS project because of its 
role in monitoring the trade of certain fishery products. Electronic 
collection of seafood trade data through a single portal will result in 
an overall reduction of the public reporting burden and the agency's 
data collection costs, will improve the timeliness and accuracy of 
admissibility decisions, and increase the effectiveness of applicable 
trade restrictive measures.

Overview of Current Trade Measures and Trade Monitoring Programs

    NMFS is responsible for implementation of trade measures and 
monitoring programs for fishery products subject to RFMO documentation 
requirements and/or documentation requirements under domestic laws. 
RFMOs are international fisheries organizations, established by 
treaties, to promote international cooperation to achieve effective and 
responsible marine stewardship and ensure sustainable fisheries 
management. The United States is a signatory to many RFMO treaties, and 
Congress has passed implementing legislation to carry out U.S. 
obligations under those treaties. Trade measures and monitoring 
programs enable the United States to exclude products that do not meet 
the criteria for admissibility to U.S. markets.
    NMFS notes that the MSA defines ``import'' to mean ``land on, bring 
into, or introduce into, or attempt to land on, bring into, or 
introduce into, any place subject to the jurisdiction of the United 
States, whether or not such landing, bringing or introduction 
constitutes an importation within the meaning of the customs laws of 
the United States; but . . . does not include any activity described 
[above] with respect to fish caught in the exclusive economic zone or 
by a vessel of the United States.'' 16 U.S.C. 1802(22). This definition 
of ``import'' covers a broad range of activities, including but not 
limited to, customs entry for consumption, withdrawal from warehouse 
for consumption, or entry for consumption from a foreign trade zone. 
The following sections outline NMFS authorities for the various trade 
measures and trade monitoring programs that apply to fishery products.

Authorities for Trade Measures

    The High Seas Driftnet Fishing Moratorium Protection Act (HSDFMPA) 
(16 U.S.C. 1826d-k) requires U.S. actions to address IUU fishing 
activity, bycatch of protected living marine resources (PLMR) and shark 
catch. Specifically, the HSDFMPA requires the Secretary of Commerce 
(Secretary) to identify in a biennial report to Congress foreign 
nations whose vessels engaged in IUU fishing or fishing practices that 
result in PLMR bycatch or shark catch on the high seas without a 
regulatory program comparable to that of the United States. The 
Secretary has established procedures to certify whether nations 
identified in the biennial report are taking appropriate corrective 
actions to address the activities for which they were identified (50 
CFR 300, Subpart N). Certain fish and fish products from identified 
nations that do not receive positive certifications could be subject to 
import prohibitions under the authority provided in the High Seas 
Driftnet Fisheries Enforcement Act (HSDFEA) (16 U.S.C. 1826a-c).
    Additionally, there are identification and/or certification 
procedures in other statutes, including the Pelly Amendment to the 
Fishermen's Protective Act (22 U.S.C. 1978) and the Atlantic Tunas 
Convention Act (ATCA) (16 U.S.C. 971 et seq.). These procedures may 
result in trade restrictive measures for a country for those fishery 
products associated with the activity that raised concerns. Further, 
import prohibitions for certain fishery products could also be applied 
under provisions of the Marine Mammal Protection Act (MMPA) (16 U.S.C. 
1361 et seq.) and other statutes, depending on the circumstances of the 
fish harvest and the conservation concerns of the United States. Trade 
monitoring authority is also provided by the Dolphin Protection 
Consumer Information Act (DPCIA) (16 U.S.C. 1385) which specifies the 
conditions under which tuna products, eligible to be labeled dolphin-
safe, may be imported into the United States.
    Multilateral efforts to combat IUU fishing may also result in 
requirements to take trade action. The United States is a member or 
contracting party to several RFMOs. Many of these RFMOs have 
established procedures to identify nations and/or vessels whose fishing 
activities undermine the effectiveness of the conservation and 
management measures adopted by the organization. Fishery products 
exported by such

[[Page 81253]]

nations or harvested by such vessels may be subject to import or sale 
prohibitions specified by the RFMO as a means to address the activity 
of concern. In these cases, the United States is obligated to deny 
entry of the designated products into its markets, unless it has lodged 
a timely objection to the RFMO measure establishing the import or sale 
prohibition. Relevant RFMO statutes include the ATCA, the Antarctic 
Marine Living Resources Convention Act (AMLRCA) (16 U.S.C. 2431 et 
seq.), the Western and Central Pacific Fisheries Convention 
Implementation Act (WCPFCIA) (16 U.S.C. 6901 et seq.), and the Tuna 
Conventions Act (TCA) (16 U.S.C. 951 et seq.).
    Although the proposed rule would not amend existing regulations 
pertaining to any of the above trade measure authorities, import filing 
through ACE will facilitate U.S. Government implementation of trade 
measures when and if imposed. ITDS will facilitate sharing of data 
between agencies and allow for improved targeting of suspected illegal 
(or embargoed) shipments.

Trade Monitoring and Documentation Programs

    Pursuant to domestic statutory authorities and/or multilateral 
agreements, NMFS has implemented a number of monitoring programs to 
collect information from the seafood industry regarding the origin of 
certain fishery products. The purpose of these programs is to determine 
the admissibility of the products in accordance with the specific 
criteria of the trade measure or documentation requirements in effect. 
The three NMFS trade monitoring programs subject to this proposed rule 
are the HMS ITP program which regulates trade in specified commodities 
of tuna, swordfish, billfish, and shark fins; the AMLR trade program 
which regulates trade in Antarctic and Patagonian toothfish and other 
fishery products caught in the area where the Convention on the 
Conservation of Antarctic Marine Living Resources (CCAMLR) applies; and 
the TTVP, which regulates trade in frozen and/or processed tuna 
products, as well as certain other fishery products under the authority 
of the HSDFEA (refer to 50 CFR 216.24(f)(2)(iii) for a complete list). 
Generally, these trade monitoring programs require anyone who intends 
to import, export, and/or re-export regulated species to: Obtain a 
permit from NMFS; obtain documentation on the flag-nation authorization 
for the harvest from the foreign exporter; and submit this information 
to NMFS. Depending on the commodity, specific information may also be 
required, for example the flag state of the harvesting vessel, the 
ocean area of catch, the fishing gear used, the harvesting vessel name, 
and details and authorizations related to harvest, landing, 
transshipment and export.
    In most cases, these trade monitoring programs require the importer 
to submit documentation that provides catch and/or other statistical 
information to NMFS, while other relevant information on the inbound 
shipments is provided by the dealer, importer, shipper, carrier, or 
customs broker to CBP by electronic means. NMFS reviews and reconciles 
the information reported by importers with the information obtained 
from CBP and, where applicable, from the relevant RFMO or harvesting or 
exporting/re-exporting nation to determine if the admissibility 
requirements have been satisfied. If documentation is incomplete, 
fraudulent or missing, or if the shipment is not admissible given its 
ocean area of harvest, flag country of the harvesting vessel, 
harvesting vessel or the circumstances under which it was harvested, 
entry into U.S. commerce may be prohibited for that shipment and the 
shipment may be subject to forfeiture. In addition, the importer or 
other responsible party may be subject to enforcement action. Likewise, 
U.S. exporters must provide similar documentation for use by other 
importing nations.
    As an ITDS partner government agency, access to the ACE system and 
ITDS data has improved NMFS' ability to evaluate trends and identify 
potential problems with seafood imports, including potential cases of 
seafood fraud (e.g., tariff code misspecification) or imports lacking 
proper documentation. ACE has helped NMFS communicate with the seafood 
industry to educate importers and brokers on documentation 
requirements. It has also helped NMFS target enforcement resources 
using a risk management approach and has improved the Agency's ability 
to intercept illegal shipments by providing access to real time 
information on shipments coming into U.S. ports of entry. NMFS 
anticipates that efficiencies derived from ITDS integration would 
better enable the agency to implement potential future trade measures 
taken by RFMOs or under domestic statutes, as well as enhance the 
implementation of NMFS' three current trade monitoring and 
documentation programs (AMLR, HMS ITP, and TTVP). NMFS believes 
implementation of ITDS would result in reduced reporting burdens for 
the seafood industry, reduced data processing time for government, 
increased compliance with product admissibility requirements, faster 
admissibility decisions and more effective enforcement.
    Under the proposed rule (50 CFR 300.320), an IFTP would be 
established which would consolidate existing international trade 
permits for regulated seafood products under the AMLR and HMS ITP 
programs and expand the scope of the permit requirement to include 
regulated seafood products under the TTVP. To obtain the IFTP, U.S. 
importers, exporters, and re-exporters of seafood products covered 
under the TTVP, AMLR, and HMS ITP programs would be required to 
electronically submit their application and fee for the IFTP via a Web 
site designated by NMFS. As explained above, currently, the TTVP, AMLR 
and HMS ITP regulations require submission of specific information and 
documentation for trade monitoring. Under this proposed rule, the IFTP 
holder, or his or her representative, would need to electronically 
provide CBP via ACE with certain data sets (i.e., a subset of the 
information required to be submitted under the TTVP, AMLR or HMS ITP) 
and scanned images of documentation for each applicable trade 
transaction. NMFS would provide detailed information regarding 
submission of such data sets and documentation in a compliance guide 
for industry that will be prepared in advance of NMFS' implementation 
of a final rule. The format for the data sets would be designated for 
each of the three programs and specified in the following documents 
that would be jointly developed by NMFS and CBP and made available to 
entry filers by CBP (http://www.cbp.gov/trade/ace/catair):

 CBP and Trade Automated Interface Requirements--Appendix PGA
 CBP and Trade Automated Interface Requirements--PGA Message 
Set
 Automated Broker Interface (ABI) Requirements--Implementation 
Guide for NMFS
    While this proposed rule only applies to the three programs 
described above, proposed Sec.  300.320 provides that the IFTP and ACE 
requirements may be incorporated by reference in other regulations 
pertaining to documentation and reporting of imports and/or exports.
    Because NMFS will have access to the ITDS, importers, exporters, 
re-exporters and/or their customs agents would no longer be required to 
provide NMFS with paper copies of trade documentation. However, they 
would still need to maintain, and make

[[Page 81254]]

available for inspection, electronic or paper versions of said records 
at their place of business for a period of two years after the 
transaction. Biweekly dealer reports, or other documents not required 
for import/export admissibility decisions, will not be affected by this 
proposed rule and will continue to be submitted to NMFS as paper 
copies. Currently, a trade permit is not required for trade of TTVP 
fishery commodities. Under this proposed rule, however, those who trade 
in TTVP fishery commodities would need to obtain an IFTP and 
individuals or business entities trading in fishery commodities covered 
by the current HMS ITP and AMLR trade programs would need to obtain an 
IFTP rather than the program-specific permits required currently. The 
IFTP would authorize import, export and re-export of fishery 
commodities covered by the TTVP, AMLR or HMS ITP programs, provided 
that the permit holder complies with the specific requirements of each 
program. The amount of the fee charged for the IFTP would be 
calculated, at least annually, in accordance with procedures of the 
NOAA Finance Handbook (http://www.corporateservices.noaa.gov/finance/Finance%20Handbook.html) for determining the costs for administering 
the IFTP program; the fee would not exceed such costs.

Alternatives Considered

    When deliberating how best to implement ITDS, NMFS also considered 
several alternatives to the proposed action described above. Under the 
first alternative, rather than require entry filers to submit scanned 
images of documentation and a limited data set, such filers would be 
required to enter all data elements necessary for the authentication 
and authorization of each shipment into the CBP's automated ACE system. 
Although this alternative would not require the submission of scanned 
images of documentation for two of the three trade monitoring programs 
(scanned images would still be required for the TTVP), it would require 
entry filers to provide most of the data contained in such 
documentation at the time of import or export rather than providing a 
data set limited to only those elements absolutely necessary to 
determine admissibility. NMFS considers this alternative to be too 
burdensome for entry filers in terms of the additional time that would 
be required to enter such data into ACE.
    A second alternative would involve the submission of a limited 
electronic data set with no scanned documentation provided 
electronically. In this scenario, NMFS would require entry filers to 
submit a limited message set into ACE, but entry filers would also need 
to separately provide NMFS with any additional documentation and data 
necessary for NMFS to complete dolphin-safe tuna verification at the 
time of, or in advance of, importation and periodic reports for RFMOs. 
This alternative is not preferred as it would create an unnecessary 
burden on both NMFS and the trade since it would require entry filers 
to both complete ACE entry procedures and also submit admissibility 
documents to NMFS outside of ACE, the ITDS single window.
    A third alternative would be for NMFS to require an electronic data 
set consisting solely of the international fisheries trade permit 
number with scanned documentation provided electronically via ITDS. 
This alternative would not be preferred as it would place a significant 
burden on NMFS to manually convert scanned document images to data sets 
so that NMFS could make decisions regarding product admissibility. Such 
an approach would require considerable NMFS staff time and would 
inevitably create burdens on industry as such an alternative would 
result in post-release seizures or re-delivery orders to the trade for 
products later determined by NMFS to be inadmissible.
    A fourth alternative would be to implement the IFTP requirement for 
the HMS ITP and AMLR trade program but not for the TTVP which currently 
has no permit requirement. The rationale for instituting the IFTP for 
the TTVP is to identify the business entities that are engaged in the 
trade activities subject to monitoring, for the purposes of informing 
them of requirements and any changes thereto. Lack of education/
notification could increase noncompliance, resulting in delayed 
release, seizures or other enforcement actions, and/or blocked 
shipments when requirements are not met at the border. In addition, not 
requiring an IFTP for the TTVP participants, would preclude the 
imposition of permit sanctions in the event of serious infractions of 
reporting or recordkeeping requirements in the TTVP. For all the above-
stated reasons, this alternative is not preferred.

Amendments to AMLR Regulations

    As a Member of the Commission for the Conservation of Antarctic 
Marine Living Resources (CCAMLR), the United States is obligated to 
implement conservation measures adopted by CCAMLR, unless the United 
States objects, pursuant to Article IX of the CCAMLR Convention. NMFS 
has implemented CCAMLR-adopted conservation measures in 50 CFR part 
300, subpart G. Under these regulations, a person that intends to 
import or re-export AMLR must obtain a dealer permit. To integrate the 
collection of information on the trade of AMLR within the ITDS, NMFS 
proposes to revise the AMLR regulations to require a dealer importing 
or exporting AMLR to possess a valid IFTP issued under the proposed 
Sec.  300.322 discussed below. These proposed revisions to 50 CFR part 
300 subpart G would replace the AMLR dealer permit procedures with a 
reference to the proposed IFTP procedures (see below). Where 
appropriate, the term ``AMLR dealer permit'' and references to that 
permit would be replaced with ``IFTP.'' Section 300.114(k) of the AMLR 
regulations regarding registered agents would be removed because Sec.  
300.322 provides for the designation of resident agents who would be 
authorized to act on behalf of foreign entities.

Amendments to HMS ITP Regulations

    NMFS established permitting, reporting, and recordkeeping 
regulations to implement various RFMO trade monitoring programs under 
the HMS ITP program in 50 CFR part 300 subpart M. As noted above, a 
person trading in fishery commodities covered by the current HMS ITP 
program would need to obtain the newly established IFTP and the 
program-specific HMS ITP permit will be retired. Submission of 
consignment documents such as the International Commission for the 
Conservation of Atlantic Tuna (ICCAT) bluefin tuna catch document would 
be through ACE and the CBP Document Imaging System (DIS). Using the ACE 
system rather than submitting hardcopy documents to NMFS would result 
in reduced reporting burdens for the seafood industry and reduced data 
processing time for the government as documents would be submitted only 
once, to CBP, instead of to both CBP and NMFS.

Amendments to TTVP

    As noted above, a person trading in fishery commodities covered 
under the TTVP would need to obtain an IFTP. Such a trade permit is 
currently not a requirement under the TTVP. NMFS believes the benefits 
and efficiencies resulting from ITDS implementation and establishing a 
single consolidated IFTP covering all three of the NMFS trade 
monitoring programs would greatly exceed the fee charged to cover 
administrative costs associated with NMFS issuance of the IFTP.
    In addition, under current regulations at 50 CFR 216.24(f)(3)(ii), 
TTVP

[[Page 81255]]

importers are able to submit documents electronically in Portable 
Document Format (PDF) using a secure file transfer protocol site. This 
proposed rule would eliminate that document submission option in favor 
of document submission through the ACE system. Such a change would 
result in reduced reporting burdens for the seafood industry and 
reduced data processing time for the government as documents would be 
submitted only once, to CBP, instead of to both CBP and the TTVP. The 
proposed rule would also allow for a reduced data set to be filed via 
ACE in certain circumstances. The reduced data set is limited to 
importations by domestic canners and to processors other than canners 
that label any tuna product dolphin-safe, and which are required to 
submit the monthly reports required under 50 CFR 216.93(d)(2) or (e) to 
the TTVP. The reduced data set pertains to importations of: 1) frozen 
cooked tuna loins used in cannery operations and 2) tuna products in 
airtight containers manufactured in American Samoa and imported into 
the United States or Puerto Rico that originated from the tuna receipts 
listed on those monthly reports. The reduced data set is intended to 
prevent duplicative reporting for the companies that import the tuna 
products described above and that already submit required information 
to the TTVP via the monthly reports.
    This proposed rule also makes minor edits to the regulatory text in 
order to update an internet Web site address, harmonize regulatory text 
in part 216, Subpart H, Dolphin Safe Tuna Labeling, with the regulatory 
text being revised as part of ITDS implementation in 50 CFR 216.24(f), 
and allow importers to submit documentation to the ACE system at the 
time of, or in advance of, importation. Revisions to the tables in 
Sec.  216.24(f)(2)(i) through (iii) have been made to reflect the 
latest updates to harmonized tariff codes.

Relationship to Presidential Task Force on Combatting Illegal, 
Unreported, and Unregulated (IUU) Fishing and Seafood Fraud

    This current rulemaking does not propose measures to implement 
recommendations 14 and 15 (seafood traceability) of the Presidential 
Task Force on Combatting Illegal, Unreported, and Unregulated (IUU) 
Fishing and Seafood Fraud (Task Force). There will be a separate 
opportunity for public comment on the proposed regulations pertaining 
to these Task Force recommendations.

Classification

    This proposed rule is published under the authority of AMLRCA of 
1984, 16 U.S.C. 2431 et seq.; ATCA of 1975, 16 U.S.C. 971 et seq.; TCA 
of 1950, 16 U.S.C. 951-961; MSA, 16 U.S.C. 1801 et seq.; MMPA of 1972, 
16 U.S.C. 1361-1407; DPCIA, 16 U.S.C. 1385; HSDFMPA, 16 U.S.C. 1826d-k; 
and HSDFEA, 16 U.S.C. 1826a-c. Other relevant authorities include the 
Pelly Amendment to the Fishermen's Protective Act, 22 U.S.C. 1978, and 
the Lacey Act, 16 U.S.C. 3371.
    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the provisions of these and other applicable 
laws, subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866. NMFS has prepared a regulatory 
impact review of this action, which is available from NMFS (see 
ADDRESSES). This analysis describes the economic impact this proposed 
action, if adopted, would have on the United States. NMFS invites the 
public to comment on this proposal and the supporting analysis.

Regulatory Flexibility Act

    An initial regulatory flexibility analysis was not prepared because 
this proposed rule is not expected to have a significant economic 
impact on U.S. small entities. Thus, the Chief Counsel for Regulation 
of the Department of Commerce certified to the Chief Counsel for 
Advocacy of the Small Business Administration that this proposed rule, 
if adopted, would not have any significant economic impact on a 
substantial number of small entities.
    The regulatory action being considered, and its legal basis, is 
described in detail earlier in the preamble. Although a new IFTP is 
proposed to be established for the import, export or re-export of 
regulated products under the AMLR, HMS ITP and TTVP programs, this new 
permit generally represents a consolidation of information contained in 
existing permits and should actually result in fewer reporting or 
recordkeeping requirements. Data sets to be entered electronically to 
determine product admissibility are already required to be submitted in 
paper form under the respective trade programs. Thus, NMFS anticipates 
that U.S. entities would not be significantly affected by this action 
because it generally does not pose new or additional burdens with 
regard to the collection and submission of information necessary to 
determine product admissibility.
    With regard to the possible economic effects of this action, per 
the response to Question 13 of the supporting statement prepared for 
the Paperwork Reduction Act analysis (available from www.reginfo.gov/public/do/PRAMain), NMFS estimates there will be 751 applicants for the 
new IFTP with an estimated net increase in annual costs of $16,255 for 
obtaining those permits, based on the combined number of permit holders 
and respondents under NMFS' existing trade monitoring programs. 
Although NMFS does not have access to data about the business sizes of 
importers and receivers that would be impacted by this proposed rule, 
it is likely that the majority may be classified as small entities. 
However, when overall total new burdens for the three requirements 
proposed under this rule (IFTP, data set submission, and admissibility 
document(s) submission) are compared to current burdens, the new 
consolidated burdens are estimated to result in an overall net burden 
decrease of 4,225 hours and $63,650. A no-action alternative, where 
NMFS would not promulgate the proposed rule, was not considered as all 
applicable U.S. government agencies are required to implement ITDS 
under the authority of section 405 of the SAFE Port Act and Executive 
Order 13659 on Streamlining the Export/Import Process, dated February 
19, 2014.
    The proposed action would not affect the volume of seafood trade or 
alter trade flows in the U.S. market. Although the proposed rule would 
require traders under the TTVP to obtain an IFTP, which they are not 
currently required to do, NMFS expects that the consolidated IFTP would 
have no impact on, or would actually reduce, the overall administrative 
burden on the public; those parties currently required to obtain two 
separate permits under the AMLR and HMS ITP programs would be required 
to obtain only one consolidated permit under this proposed rule.
    The consolidated permitting and electronic reporting program 
proposed by this rulemaking would not have significant adverse or long-
term economic impacts on small U.S. entities. This proposed rule has 
also been determined not to duplicate, overlap, or conflict with any 
other Federal rules. Thus, the requirements and prohibitions in the 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. Consequently, an initial 
regulatory flexibility analysis is not required and none has been 
prepared.

[[Page 81256]]

Paperwork Reduction Act

    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This requirement has been submitted to OMB for approval. When 
overall total new burdens for the three requirements proposed under 
this rule (IFTP, data set submission, and admissibility document(s) 
submission) are compared to current burdens, the new burdens are 
estimated to result in an overall net burden decrease of 4,225 hours 
and $63,650.
    Public comment is sought regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to the 
Office for International Affairs and Seafood Inspection at the FOR 
FURTHER INFORMATION CONTACT above, or to the Office of Information and 
Regulatory Affairs by email to [email protected] or fax to 
(202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects

50 CFR Part 216

    Administrative practice and procedure, Exports, Marine mammals, 
Reporting and recordkeeping requirements.

50 CFR Part 300

    Exports, Fisheries, Fishing, Fishing vessels, Foreign relations, 
Illegal, unreported or unregulated fishing, Imports, International 
trade permits, Treaties.

    Dated: December 23, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR parts 216 and 300 
are proposed to be amended as follows:

PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE 
MAMMALS

0
1. The authority citation for part 216 continues to read as follows:

    Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.

0
2. In Sec.  216.24, revise introductory paragraph (f)(2); (f)(2)(i)(A) 
and (D); (f)(2)(ii)(A) and (D); (f)(2)(iii)(A) through (C); 
introductory paragraph (f)(3); and (f)(3)(i) through (iii) to read as 
follows:


Sec.  216.24  Taking and related acts incidental to commercial fishing 
operations by tuna purse seine vessels in the eastern tropical Pacific 
Ocean.

* * * * *
    (f) * * *
    (2) Imports requiring a Fisheries Certificate of Origin and an 
International Fisheries Trade Permit. Shipments of tuna, tuna products, 
and certain other fish products identified in paragraphs (f)(2)(i) 
through (iii) of this section may not be imported into the United 
States unless: a scanned copy of a properly completed Fisheries 
Certificate of Origin (FCO), NOAA Form 370, associated certifications 
and statements described in Sec.  216.91(a), and required data set are 
filed electronically with U.S. Customs and Border Protection (CBP) at 
the time of, or in advance of, importation as required under Sec.  
300.322; and the importer of record designated on the entry summary 
(Customs Form 7501) holds a valid International Fisheries Trade Permit 
as specified at Sec.  300.322 of this title. ``Required data set'' has 
the same meaning as Sec.  300.321 of this title (see definition of 
``Documentation and data sets required'').
    (i) * * *
    (A) Frozen: (products containing Yellowfin).

0303.42.0020 Yellowfin tunas, whole, frozen
0303.42.0040 Yellowfin tunas, head-on, frozen, except whole
0303.42.0060 Yellowfin tunas, other, frozen, except whole, head-on, 
fillets, livers and roes
0304.87.0000 Tuna fish fillets, frozen, not elsewhere specified or 
indicated (NESOI)
0304.99.1190 Tuna, frozen, in bulk or in immediate containers weighing 
with their contents over 6.8 kg each
* * * * *
    (D) Other: (products containing Yellowfin).

0511.91.0090 Fish, shellfish products unfit for human consumption
1604.20.1000 Fish pastes
1604.20.1500 Fish balls, cakes and puddings, in oil
1604.20.2000 Fish balls, cakes and puddings, not in oil, less than 6.8 
kg, in airtight containers
1604.20.2500 Fish balls, cakes and puddings, not in oil, not in 
airtight containers, in immediate containers weighing with their 
contents not over 6.8 kg each
1604.20.3000 Fish balls, cakes and puddings, NESOI
1604.20.4000 Fish sticks, not cooked, nor in oil
1604.20.5010 Fish sticks, cooked and frozen
1604.20.5090 Fish sticks, NESOI
2309.10.0010 Dog or cat food, in airtight containers
    (ii) * * *
    (A) Frozen: (other than Yellowfin).

0303.41.0000 Albacore or longfinned tunas, frozen, except fillets, 
livers and roes
0303.43.0000 Skipjack tunas or stripe-bellied bonito, frozen, except 
fillets, livers and roes
0303.44.0000 Bigeye tunas, frozen, except fillets, livers and roes
0303.45.0110 Atlantic Bluefin, frozen, except fillets, livers and roes
0303.45.0150 Pacific Bluefin, frozen, except fillets, livers and roes
0303.46.0000 Southern bluefin tunas, frozen, except fillets, livers and 
roes
0303.49.0200 Tunas, frozen, except fillets, livers and roes, NESOI
0304.87.0000 Tuna fish fillets, frozen, NESOI
0304.99.1190 Tuna, frozen, in bulk or in immediate containers weighing 
with their contents over 6.8 kg each, NESOI
* * * * *
    (D) Other: (only if the product contains tuna).

0511.91.0090 Fish, shellfish products unfit for human consumption
1604.20.1000 Fish pastes
1604.20.1500 Fish balls, cakes and puddings, in oil
1604.20.2000 Fish balls, cakes and puddings, not in oil, less than 6.8 
kg, in airtight containers
1604.20.2500 Fish balls, cakes and puddings, not in oil, not in 
airtight containers, in immediate containers weighing with their 
contents not over 6.8 kg each
1604.20.3000 Fish balls, cakes and puddings, NESOI
1604.20.4000 Fish sticks, not cooked, nor in oil
1604.20.5010 Fish sticks, cooked and frozen
1604.20.5090 Fish sticks, NESOI
2309.10.0010 Dog or cat food, in airtight containers

    (iii) * * *
    (A) Frozen:


[[Page 81257]]


0303.11.0000 Sockeye (red) salmon (Oncorhynchus nerka), frozen, except 
fillets, livers and roes
0303.12.0012 Chinook (King) salmon (Oncorhynchus tschawytscha), frozen, 
except fillets, livers and roes
0303.12.0022 Chum (dog) salmon (Oncorhynchus keta), frozen, except 
fillets, livers and roes
0303.12.0032 Pink (humpie) salmon (Oncorhynchus gorbuscha), frozen, 
except fillets, livers and roes
0303.12.0052 Coho (silver) salmon (Oncorhynchus kisutch), frozen, 
except fillets, livers and roes
0303.12.0062 Pacific salmon (Oncorhynchus masou, Oncorhynchus 
rhodurus), frozen, except fillets, livers and roes, NESOI
0303.13.0000 Atlantic salmon (Salmo salar) and Danube salmon (Hucho 
hucho), frozen, except fillets, livers and roes
0303.14.0000 Trout (Salmo trutta; Oncorhynchus mykiss, clarki, 
aguabonita, gilae, apache, and chrysogaster), frozen, except fillets, 
livers and roes
0303.19.0100 Salmonidae, frozen, except fillets, livers and roes, NESOI
0303.57.0010 Swordfish steaks, frozen, except fillets
0303.57.0090 Swordfish, frozen, except steaks, fillets, livers and roes
0303.81.0010 Dogfish (Squalus spp.), frozen, except fillets, livers and 
roes
0303.81.0090 Sharks, frozen, except dogfish, fillets, livers and roes
0303.89.0079 Fish, other, frozen, except fillets, livers and roes, 
NESOI
0304.81.5010 Atlantic Salmonidae (Salmo salar) fillets, frozen, NESOI
0304.81.5090 Salmonidae fillets, frozen, except Atlantic salmon, NESOI
0304.89.1090 Fish fillets, skinned, frozen blocks weighing over 4.5 kg 
each, to be minced, ground or cut into pieces of uniform weights and 
dimensions, NESOI
0304.91.1000 Swordfish, frozen, in bulk or in immediate containers 
weighing over 6.8 kg each
0304.91.9000 Swordfish, frozen, NESOI
0304.99.9191 Fish fillets, ocean, frozen, NESOI
0307.49.0010 Squid fillets, frozen
0307.49.0022 Squid, Loligo opalescens, NESOI
0307.49.0024 Squid, Loligo pealei, NESOI
0307.49.0029 Squid, Loligo, other, NESOI
0307.49.0050 Squid, other, NESOI

    (B) Canned:

1604.11.2020 Pink (humpie) salmon, whole or in pieces, but not minced, 
in oil, in airtight containers
1604.11.2030 Sockeye (red) salmon, whole or in pieces, but not minced, 
in oil, in airtight containers
1604.11.2090 Salmon NESOI, whole or in pieces, but not minced, in oil, 
in airtight containers
1604.11.4010 Chum (dog) salmon, not in oil, canned
1604.11.4020 Pink (humpie) salmon, not in oil, canned
1604.11.4030 Sockeye (red) salmon, not in oil, canned
1604.11.4040 Salmon, NESOI, not in oil, canned
1604.11.4050 Salmon, whole or in pieces, but not minced, NESOI
1604.19.2100 Fish, NESOI, not in oil, in airtight containers
1604.19.3100 Fish, NESOI, in oil, in airtight containers
1605.54.6020 Squid, Loligo, prepared or preserved
1605.54.6030 Squid, except Loligo, prepared or preserved

    (C) Other:

0305.39.6080 Fish fillets, dried, salted or in brine, but not smoked, 
NESOI
0305.41.0000 Pacific salmon (Oncorhynchus spp.), Atlantic salmon (Salmo 
salar), and Danube salmon (Hucho hucho), including fillets, smoked
0305.49.4041 Fish including fillets, smoked, NESOI
0305.59.0000 Fish, dried, whether or not salted but not smoked, NESOI
0305.69.4000 Salmon, salted but not dried or smoked; in brine
0305.69.5001 Fish in immediate containers weighing with their contents 
6.8 kg or less each, salted but not dried or smoked; in brine, NESOI
0305.69.6001 Fish, salted but not dried or smoked; in brine, NESOI
0305.71.0000 Shark fins, dried, whether or not salted but not smoked
0305.49.0010 Squid, frozen, fillets
0307.49.0022 Squid, Loligo opalescens, frozen (except fillets), dried, 
salted or in brine
0307.49.0024 Squid, Loligo pealei, frozen (except fillets), dried, 
salted or in brine
0307.49.0029 Squid, Loligo, frozen (except fillets), dried, salted or 
in brine, NESOI
0307.49.0050 Squid, other, frozen (except fillets), dried, salted or in 
brine, except Loligo squid
0307.49.0060 Cuttle fish (Sepia officinalis, Rossia macrosoma, Sepiola 
spp.), frozen, dried, salted or in brine

    (3) Disposition of Fisheries Certificates of Origin. The FCO 
described in paragraph (f)(4) of this section may be obtained from the 
Administrator, West Coast Region, or downloaded from the Internet at 
http://www.nmfs.noaa.gov/pr/dolphinsafe/noaa370.htm.
    (i) A properly completed FCO, and its attached certifications and 
statements as described in Sec.  216.91(a), must accompany the required 
CBP entry documents that are filed at the time of, or in advance of, 
importation.
    (ii) FCOs and associated certifications and statements as described 
in Sec.  216.91(a) must be provided electronically to CBP as indicated 
in paragraph (f)(2) of this section.
    (iii) FCOs that accompany imported shipments of tuna destined for 
further processing in the United States must be endorsed at each change 
in ownership and submitted to the Administrator, West Coast Region, by 
the last endorser when all required endorsements are completed. Such 
FCOs must be submitted as specified in Sec.  216.93(d)(2).
* * * * *
0
3. In Sec.  216.93, revise paragraphs (f) and (g)(2) to read as 
follows:


Sec.  216.93  Tracking and verification program.

* * * * *
    (f) Tracking imports. All tuna products, except fresh tuna, that 
are imported into the United States must be accompanied as described in 
Sec.  216.24(f)(3) by a properly certified FCO as required by Sec.  
216.24(f)(2). For tuna tracking purposes, copies of FCOs and associated 
certifications and statements must be submitted by the importer of 
record to U.S. Customs and Border Protection as described in and 
required by Sec.  216.24(f)(2).
    (g) * * *
    (2) Record submission. At the time of, or in advance of, 
importation of a shipment of tuna or tuna products, any exporter, 
transshipper, importer, processor, or wholesaler/distributor of tuna or 
tuna products must submit all corresponding FCOs and required 
certifications and statements for those tuna or tuna products as 
required by Sec.  216.24(f)(2).
* * * * *

PART 300--INTERNATIONAL FISHERIES REGULATIONS

0
4. The authority citation for 50 CFR part 300 continues to read as 
follows:

    Authority: 16 U.S.C. 951 et seq.; 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.

0
5. In Sec.  300.4:
0
a. Revise paragraph (o);
0
b. Redesignate paragraphs (p) and (q) as (q) and (r); and
0
c. Add a new paragraph (p).

[[Page 81258]]

    The revision and addition read as follows:


Sec.  300.4  General prohibitions.

* * * * *
    (o) Ship, transport, offer for sale, sell, purchase, import, 
export, or have custody, control, or possession of, any fish imported, 
exported or re-exported in violation of this part.
    (p) Import, export, or re-export any fish regulated under this part 
without a valid International Fisheries Trade Permit or applicable 
shipment documentation.
* * * * *
0
6. In Sec.  300.107, revise paragraph (b) introductory text, and 
paragraphs (b)(1), (b)(3), (c)(6)(i)(A)(5), and (c)(7)(i)(A)(4) to read 
as follows:


Sec.  300.107  Reporting and recordkeeping requirements.

* * * * *
    (b) Dealers. Dealers of AMLR required under Sec.  300.114 to have 
an International Fisheries Trade Permit (IFTP) issued under Sec.  
300.322 must:
    (1) Accurately maintain all reports and records required by their 
IFTP and this subpart;
* * * * *
    (3) Within the time specified in the IFTP requirements, submit a 
copy of such reports and records to NMFS at an address designated by 
NMFS.
    (c) * * *
    (6) * * *
    (i) * * *
    (A) * * *
    (5) The dealer/exporter's name, address, and IFTP number; and
* * * * *
    (7) * * *
    (i) * * *
    (A) * * *
    (4) The dealer/exporter's name, address, and IFTP permit number;
* * * * *
0
7. In Sec.  300.114:
0
a. Revise paragraphs (a)(1), (a)(2), (a)(4), (b), (d), (e), (f), 
(g)(1), (g)(2), (h), and (j); and
0
b. Remove paragraph (k).
    The revisions read as follows:


Sec.  300.114  Dealer permits and preapproval.

    (a) * * *
    (1) A dealer importing, or re-exporting AMLR, or a person exporting 
AMLR, must possess a valid IFTP issued under Sec.  300.322 and file 
required data sets electronically with CBP at the time of, or in 
advance of importation or exportation. ``Required data set: has the 
same meaning as Sec.  300.321 (see definition of ``Documentation and 
data sets required. See Sec.  300.322 for IFTP application procedures 
and permit regulations. The IFTP holder may only conduct those specific 
activities stipulated by the IFTP. Preapproval from NMFS is required 
for each shipment of frozen Dissostichus species.
    (2) An AMLR may be imported into the United States if its harvest 
has been authorized by a U.S.-issued individual permit or its 
importation has been authorized by an IFTP and, in the case of frozen 
Dissostichus species, preapproval issued under Sec.  300.114(a)(1). 
AMLRs may not be released for entry into the United States unless 
accompanied by the harvesting permit, the individual permit, or IFTP 
and, in the case of frozen Dissostichus species, the preapproval 
certification granted by NMFS to allow import. NMFS will only accept 
electronic catch documents for toothfish imports.
* * * * *
    (4) An IFTP or preapproval issued under this section does not 
authorize the harvest or transshipment of any AMLR by or to a vessel of 
the United States.
    (b) Application. Application forms for preapproval are available 
from NMFS. With the exception of the U.S. Customs 7501 entry number, a 
complete and accurate application must be received by NMFS for each 
preapproval at least 15 working days before the anticipated date of the 
first receipt, importation, or re-export. Dealers must supply the U.S. 
Customs 7501 entry number at least three working days prior to a 
Dissostichus species shipment's arrival.
* * * * *
    (d) Issuance. NMFS may issue a preapproval if it determines that 
the activity proposed by the dealer meets the requirements of the Act 
and that the resources were not or will not be harvested in violation 
of any CCAMLR conservation measure in force with respect to the United 
States or in violation of any regulation in this subpart. No 
preapproval will be issued for Dissostichusspecies without verifiable 
documentation, to include VMS reports with vessel location and 
messages, of the use of real-time C-VMS port-to-port by the vessel that 
harvested such Dissostichus species, except for Dissostichus species 
harvested during fishing trips that began prior to September 24, 2007.
    (e) Duration. A preapproval is valid until the product is imported. 
Each export or re-export document created by NOAA in the CDS is valid 
only for that particular shipment.
    (f) Transfer. A preapproval issued under this section is not 
transferable or assignable.
    (g) * * * (1) Pending applications. Applicants for preapproval 
under this section must report in writing to NMFS any change in the 
information submitted in preapproval applications. The processing 
period for the application may be extended as necessary to review and 
consider the change.
    (2) Issued preapprovals. Any entity issued a preapproval under this 
section must report in writing to NMFS any changes in previously 
submitted information. Any changes that would result in a change in the 
receipt or importation authorized by the preapproval, such as 
harvesting vessel or country of origin, type and quantity of the 
resource to be received or imported, and Convention statistical subarea 
from which the resource was harvested, must be proposed in writing to 
NMFS and may not be undertaken unless authorized by NMFS through 
issuance of a revised or new preapproval.
    (h) Revision, suspension, or revocation. A preapproval issued under 
this section may be revised, suspended, or revoked, based upon a 
violation of the IFTP, the Act, or this subpart. Failure to report a 
change in the information contained in a preapproval application voids 
the application or preapproval. Title 15 CFR part 904 governs sanctions 
under this subpart.
* * * * *
    (j) SVDCD. Preapprovals will not be issued for Dissostichus spp. 
offered for sale or other disposition under a Specially Validated DCD.
* * * * *
0
8. In Sec.  300.117, revise paragraphs (b) and (r), and add paragraph 
(ii) to read as follows:


Sec.  300.117  Prohibitions.

* * * * *
    (b) Import into, or export or re-export from, the United States any 
AMLRs without applicable catch documentation as required by Sec.  
300.107(c), without an IFTP as required by Sec.  300.114 (a)(1), or in 
violation of the terms and conditions for such import, export or re-
export as specified on the IFTP.
* * * * *
    (r) Without a valid first receiver permit issued under this 
subpart, receive AMLRs from a vessel or receive AMLRs from a vessel 
without a valid harvesting permit issued under this subpart.
* * * * *
    (ii) Import into, or export or re-export from, the United States 
any AMLRs harvest by a vessel of the United States

[[Page 81259]]

without a valid harvesting permit issued under this subpart.
* * * * *
0
9. In Sec.  300.181:
0
a. Add a definition for ``Automated Commercial Environment (ACE)'' in 
alphabetical order;
0
b. Revise the definition for ``CBP'';
0
c. Add a definition for ``International Fisheries Trade Permit (IFTP) 
or trade permit'' in alphabetical order;
0
d. Revise the definition for ``Permit holder''; and
0
e. Add a definition for ``Required data set'', in alphabetical order.
    The additions and revisions read as follows:


Sec.  300.181  Definitions.

* * * * *
    Automated Commercial Environment (ACE) has the same meaning as that 
term is defined in Sec.  300.321 of this part.
* * * * *
    CBP means U.S. Customs and Border Protection, Department of 
Homeland Security.
* * * * *
    International Fisheries Trade Permit (IFTP) or trade permit means 
the permit issued by NMFS under Sec.  300.322.
* * * * *
    Permit holder, for purposes of this subpart, means, unless 
otherwise specified, a person who is required to obtain an 
International Fisheries Trade Permit (IFTP) under Sec.  300.322.
* * * * *
    Required data set has the same meaning as Sec.  300.321 (see 
definition of ``Documentation and data sets required'').
* * * * *
0
10. Section 300.182 is revised to read as follows:


Sec.  300.182  International Fisheries Trade Permit.

    An importer, entering for consumption fish or fish products 
regulated under this subpart from any ocean area into the United 
States, or an exporter exporting or re-exporting such product, must 
possess a valid International Fisheries Trade Permit (IFTP) issued 
under Sec.  300.322.
0
11. In Sec.  300.183, revise introductory paragraph (a), and paragraphs 
(a)(3), (b), (c), (d) and (e) to read as follows:


Sec.  300.183  Permit holder reporting and recordkeeping requirements.

    (a) Biweekly reports. Any person trading fish and fish products 
regulated under this subpart and required to obtain a trade permit 
under Sec.  300.322 must submit to NMFS, on forms supplied by NMFS, a 
biweekly report of entries for consumption, exports and re-exports of 
fish and fish products regulated under this subpart except shark fins.
* * * * *
    (3) A biweekly report is not required for export consignments of 
bluefin tuna when the information required on the biweekly report has 
been previously supplied on a biweekly report submitted under Sec.  
635.5(b)(2)(i)(B) of this title. The person required to obtain a trade 
permit under Sec.  300.322 must retain, at his/her principal place of 
business, a copy of the biweekly report which includes the required 
information and is submitted under Sec.  635.5(b)(2)(i)(B) of this 
title, for a period of 2 years from the date on which each report was 
submitted to NMFS.
    (b) Recordkeeping. Any person trading fish and fish products 
regulated under this subpart and required to submit biweekly reports 
under paragraph (a) of this section must retain, at his/her principal 
place of business, a copy of each biweekly report and all supporting 
records for a period of 2 years from the date on which each report was 
submitted to NMFS.
    (c) Other requirements and recordkeeping requirements. Any person 
trading fish and fish products regulated under this subpart and 
required to obtain a trade permit under Sec.  300.322 is also subject 
to the reporting and recordkeeping requirements identified in Sec.  
300.185.
    (d) Inspection. Any person authorized to carry out the enforcement 
activities under the regulations in this subpart (authorized person) 
has the authority, without warrant or other process, to inspect, at any 
reasonable time: fish or fish products regulated under this subpart, 
biweekly reports, statistical documents, catch documents, re-export 
certificates, relevant sales receipts, import and export documentation, 
and any other records or reports made, retained, or submitted pursuant 
to this subpart. A permit holder must allow NMFS or an authorized 
person to inspect any fish or fish products regulated under this 
subpart, and inspect and copy any import export, and re-export 
documentation and any reports required under this subpart, and the 
records, in any form, on which the completed reports are based, 
wherever they exist. Any agent of a person trading and required to 
obtain a trade permit under Sec.  300.322, or anyone responsible for 
importing, exporting, re-exporting, storing, packing, or selling fish 
or fish products regulated under this subpart, shall be subject to the 
inspection provisions of this section.
    (e) Applicability of reporting and recordkeeping requirements. 
Reporting and recordkeeping requirements in this subpart apply to any 
person engaging in trading regardless of whether a trade permit has 
been issued to that person.
0
12. In Sec.  300.185:
0
a. Revise paragraph (a)(2);
0
b. Remove paragraphs (a)(3) and (b)(3); and
0
c. Revise paragraphs (b)(2), (c)(2)(i) and (ii), and (c)(3) to read as 
follows:


Sec.  300.185  Documentation, reporting and recordkeeping requirements 
for consignment documents and re-export certificates.

    (a) * * *
    (2) Documentation and consignment document reporting requirements. 
(i) All fish or fish products except for shark fins, regulated under 
this subpart, imported into the Customs territory of the United States 
or entered for consumption into a separate customs territory of a U.S. 
insular possession, must, at the time of presenting entry documentation 
for clearance by customs authorities (e.g., electronic filing via ACE 
or other documentation required by the port director) be accompanied by 
an original, complete, accurate, valid, approved and properly 
validated, species-specific consignment document. An image of such 
document and the required data set must be filed electronically with 
CBP via ACE.
    (ii) Bluefin tuna. (A) Imports which were re-exported from another 
nation, must also be accompanied by an original, complete, accurate, 
valid, approved, and properly validated, species-specific re-export 
certificate. An image of such document, an image of the original import 
document, and the required data set must be filed electronically with 
CBP via ACE.
    (B) Bluefin tuna, imported into the Customs territory of the United 
States or entered for consumption into the separate customs territory 
of a U.S. insular possession, from a country requiring a BCD tag on all 
such bluefin tuna available for sale, must be accompanied by the 
appropriate BCD tag issued by that country, and said BCD tag must 
remain on any bluefin tuna until it reaches its final destination. If 
the final import destination is the United States, which includes U.S. 
insular possessions, the BCD tag must remain on the bluefin tuna until 
it is cut into portions. If the bluefin tuna portions are subsequently 
packaged for domestic commercial use or re-export, the BCD tag number 
and the issuing country must be written legibly and indelibly on the 
outside of the package.
    (iii) Fish or fish products regulated under this subpart other than 
bluefin

[[Page 81260]]

tuna and shark fins. (A) Imports that were previously re-exported and 
were subdivided or consolidated with another consignment before re-
export, must also be accompanied by an original, complete, accurate, 
valid, approved and properly validated species-specific re-export 
certificate. An image of such document, an image of the original import 
document, and the required data set must be filed electronically with 
CBP via ACE.
    (B) All other imports that have been previously re-exported from 
another nation, should have the intermediate importers certification of 
the original statistical document completed.
    (iv) Consignment documents must be validated as specified in Sec.  
300.187 by a responsible government official of the flag country whose 
vessel caught the fish (regardless of where the fish are first landed). 
Re-export certificates must be validated by a responsible government 
official of the re-exporting country.
    (v) A permit holder may not accept an import without the completed 
consignment document or re-export certificate as described in 
paragraphs (a)(2)(i) through (a)(2)(iv) of this section.
    (vi) For fish or fish products, except shark fins, regulated under 
this subpart that are entered for consumption, the permit holder must 
provide correct and complete information, as requested by NMFS, on the 
original consignment document that accompanied the consignment.
    (b) * * *
    (2) Documentation and reporting requirements. A permit holder must 
complete an original, approved, numbered, species-specific consignment 
document issued to that permit holder by NMFS for each export 
referenced under paragraph (b)(1) of this section, and electronically 
file an image of such documentation and the required data set with CBP 
via ACE. Such an individually numbered document is not transferable and 
may be used only once by the permit holder to which it was issued to 
report on a specific export consignment. A permit holder must provide 
on the consignment document the correct information and exporter 
certification. The consignment document must be validated, as specified 
in Sec.  300.187, by NMFS, or another official authorized by NMFS. A 
list of such officials may be obtained by contacting NMFS. A permit 
holder requesting U.S. validation for exports should notify NMFS as 
soon as possible after arrival of the vessel to avoid delays in 
inspection and validation of the export consignment. A permit holder 
must ensure that the original, approved, consignment document 
accompanies the export of such products to their export destination.
    (c) * * *
    (2) Documentation and filing requirements. (i) If a permit holder 
re-exports a consignment of bluefin tuna, or subdivides or consolidates 
a consignment of fish or fish products regulated under this subpart, 
other than shark fins, that was previously entered for consumption as 
described in paragraph (c)(1) of this section, the permit holder must 
complete an original, approved, individually numbered, species-specific 
re-export certificate issued to that permit holder by NMFS for each 
such re-export consignment. Such an individually numbered document is 
not transferable and may be used only once by the permit holder to 
which it was issued to report on a specific re-export consignment. A 
permit holder must provide on the re-export certificate the correct 
information and re-exporter certification. The permit holder must also 
attach the original consignment document that accompanied the import 
consignment or a copy of that document, and must note on the top of 
both the consignment documents and the re-export certificates the entry 
number assigned by CBP authorities at the time of filing the entry 
summary. An electronic image of these documents and the required data 
set must be filed electronically with CBP via ACE at the time of 
export.
    (ii) If a consignment of fish or fish products regulated under this 
subpart, except bluefin tuna or shark fins, that was previously entered 
for consumption as described in paragraph (c)(1) of this section is not 
subdivided into sub-consignments or consolidated, for each re-export 
consignment, a permit holder must complete the intermediate importer's 
certification on the original statistical document and note the entry 
number on the top of the statistical document. Such re-exports do not 
need a re-export certificate and the re-export does not require 
validation. An electronic image of the statistical document with the 
completed intermediate importer's certification and the required data 
set must be filed electronically with CBP via ACE at the time of re-
export.
* * * * *
    (3) Reporting requirements. For each re-export, a permit holder 
must submit the original of the completed re-export certificate (if 
applicable) and the original or a copy of the original consignment 
document completed as specified under paragraph (c)(2) of this section, 
to accompany the consignment of such products to their re-export 
destination. For re-exports of untagged Atlantic bluefin tuna, the 
permit holder must email, fax, or mail a copy of the completed 
consignment document and re-export certificate to the ICCAT Secretariat 
and the importing nation, at addresses designated by NMFS, to be 
received by the ICCAT Secretariat and the importing nation, within five 
days of export.
* * * * *
0
13. In Sec.  300.189, revise paragraphs (a), (b), (c), (m) and (n) to 
read as follows:


Sec.  300.189  Prohibitions.

* * * * *
    (a) Falsify information required on an application for a permit 
submitted under Sec.  300.322.
    (b) Import as an entry for consumption, purchase, receive for 
export, export, or re-export any fish or fish product regulated under 
this subpart without a valid trade permit issued under Sec.  300.322.
    (c) Fail to possess, and make available for inspection, a trade 
permit at the permit holder's place of business, or alter any such 
permit as specified in Sec.  300.322.
* * * * *
    (m) Fail to electronically file via ACE a validated consignment 
document and the required data set for imports at time of entry into 
the Customs territory of the United States of fish or fish products 
regulated under this subpart except shark fins, regardless of whether 
the importer, exporter, or re-exporter holds a valid trade permit 
issued pursuant to Sec.  300.322 or whether the fish products are 
imported as an entry for consumption.
    (n) Import or accept an imported consignment of fish or fish 
products regulated under this subpart, except shark fins, without an 
original, complete, accurate, approved, valid and properly validated, 
species-specific consignment document and re-export certificate (if 
applicable) with the required information and exporter's certification 
completed.
0
14. Under part 300, add subpart R to read as follows:

Subpart R--International Trade Documentation and Tracking Programs.

Sec.
300.320 Purpose and scope.
300.321 Definitions.
300.322 International Fisheries Trade Permit.
300.323 Reporting requirements.
300.324 Prohibitions.

[[Page 81261]]

Sec.  300.320  Purpose and scope.

    The regulations in this subpart are issued under the authority of 
the Atlantic Tunas Convention Act of 1975 (ATCA), the Magnuson-Stevens 
Fishery Conservation and Management Act, the Tuna Conventions Act of 
1950, and the Antarctic Marine Living Resources Convention Act of 1984. 
These regulations implement the applicable recommendations of the 
International Commission for the Conservation of Atlantic Tunas (ICCAT) 
for the conservation and management of tuna and tuna-like species in 
the Atlantic Ocean, the Inter-American Tropical Tuna Commission (IATTC) 
for the conservation and management of highly migratory fish resources 
in the eastern Pacific Ocean, and the Commission for the Conservation 
of Antarctic Marine Living Resources so far as they affect vessels and 
persons subject to the jurisdiction of the United States. These 
regulations are also issued under the Marine Mammal Protection Act of 
1972, the Dolphin Protection Consumer Information Act and the Security 
and Accountability For Every Port Act of 2006. The requirements in this 
subpart may be incorporated by reference in other regulations under 
this title.


Sec.  300.321  Definitions.

    AMLR trade program means the program for monitoring trade in 
Antarctic marine living resources including, inter alia, Dissostichus 
species as set forth in subpart G of this part.
    Automated Commercial Environment (ACE) means, for purposes of this 
subpart, the Internet accessible system through which the trade 
community reports imports and exports and through which the government 
determines admissibility through use of both user generated and 
automated transactional functions. ACE is maintained by Customs and 
Border Protection (CBP), Department of Homeland Security (DHS), for the 
collection and dissemination of trade data.
    Catch and Statistical Document/Documentation means a document or 
documentation accompanying regulated seafood imports, exports and re-
exports that is submitted by importers and exporters to document 
compliance with TTVP, AMLR, and HMS ITP trade documentation programs as 
described in Sec.  216.24(f) of this title, and subparts G and M of 
this part.
    Documentation and data sets required under this subpart refers to 
documentation and data that must be submitted by an importer or 
exporter at the time of, or in advance of, the import, export or re-
export of fish or fish products as required under this subpart, the 
AMLR trade program, the HMS ITP, or the TTVP. ACE will specify the 
required data sets to be submitted for specific programs and 
transactions.
    Fish or fish products regulated under this subpart means species 
and products containing species regulated under this subpart, the AMLR 
trade program, the HMS ITP, or the TTVP.
    HMS ITP means the Highly Migratory Species International Trade 
Program which includes trade monitoring and/or reporting and 
consignment documentation for trade of bluefin tuna, southern bluefin 
tuna, frozen bigeye tuna, swordfish, and shark fins as described in 
subpart M of this part.
    Import has the same meaning as 16 U.S.C. 1802(22). Import includes, 
but is not limited to, customs entry for consumption, withdrawal from 
warehouse for consumption, or entry for consumption from a foreign 
trade zone.
    International Fisheries Trade Permit (or IFTP) means the permit 
issued by NMFS under Sec.  300.222.
    TTVP means the Tuna Tracking and Verification Program, which 
regulates trade in certain fishery products as set forth in Sec.  
216.24(f)(2) of this title.


Sec.  300.322  International Fisheries Trade Permit.

    (a) General. Any person, which includes a resident agent for a 
nonresident corporation (see 19 CFR 141.18), who imports into the 
United States (for consumption or non-consumption), exports, or re-
exports fish or fish products regulated under this subpart from any 
ocean area, must possess a valid International Fisheries Trade Permit 
(IFTP) issued under this section. Fish or fish products regulated under 
this subpart may not be imported into, or exported or re-exported from, 
the United States unless the IFTP holder files electronically the 
documentation and the data sets required under this subpart with U.S. 
Customs and Border Protection (CBP) via ACE at the time of, or in 
advance of, importation, exportation or re-exportation. If authorized 
under other regulations under this title or other applicable laws and 
regulations, a representative or agent of the IFTP holder may make the 
electronic filings.
    (b) Application. A person must apply for an IFTP electronically via 
a Web site designated by NMFS. The application must be submitted 
electronically with the required permit fee payment, at least 30 days 
before the date upon which the applicant wishes the permit to be made 
effective.
    (c) Issuance. (1) Except as provided in subpart D of 15 CFR part 
904, NMFS will issue an IFTP within 30 days of receipt of a completed 
application. NMFS will notify the applicant of any deficiency in the 
application, including failure to provide information, documentation or 
reports required under this subpart. If the applicant fails to correct 
the deficiency within 30 days following the date of notification, the 
application will be considered abandoned.
    (d) Duration. An IFTP issued under this section is valid for a 
period of one year from the permit effective date.
    (e) Alteration. Any IFTP that is substantially altered, erased, or 
mutilated is invalid.
    (f) Replacement. NMFS may issue replacement permits. An application 
for a replacement permit is not considered a new application. An 
appropriate fee, consistent with paragraph (j) of this section, may be 
charged for issuance of a replacement permit.
    (g) Transfer. An IFTP issued under this section is not transferable 
or assignable; it is valid only for the permit holder to whom it is 
issued.
    (h) Inspection. The permit holder must keep the IFTP issued under 
this section at his/her principal place of business. The IFTP must be 
displayed for inspection upon request of any authorized officer, or any 
employee of NMFS designated by NMFS for such purpose.
    (i) Sanctions. The Assistant Administrator may suspend, revoke, 
modify, or deny a permit issued or sought under this section. 
Procedures governing permit sanctions and denials are found at subpart 
D of 15 CFR part 904.
    (j) Fees. NMFS will charge a fee to recover the administrative 
expenses of permit issuance. The amount of the fee is calculated, at 
least annually, in accordance with the procedures of the NOAA Finance 
Handbook, available from NMFS, for determining the administrative costs 
of each special product or service. The fee may not exceed such costs 
and is specified on each application form. The appropriate fee must be 
submitted via a Web site designated by NMFS at the time of application. 
Failure to pay the fee will preclude issuance of the permit. Payment by 
a commercial instrument later determined to be insufficiently funded 
shall invalidate any permit.
    (k) Change in application information. Within 15 days after any 
change in the information contained in an application submitted under 
this section, the permit holder must report the change to NMFS via a 
Web site designated by NMFS. If a change in permit information is not 
reported

[[Page 81262]]

within 30 days, the permit is void as of the 30th day after such 
change.
    (l) Renewal. Persons must apply annually for an IFTP issued under 
this section. A renewal application must be submitted via a Web site 
designated by NMFS, at least 15 days before the permit expiration date 
to avoid a lapse in permitted status. NMFS will renew a permit provided 
that: the application for the requested permit renewal is complete; all 
documentation and reports required under this subpart and: the 
Magnuson-Stevens Act, Atlantic Tuna Conventions Act, the Tuna 
Conventions Act, the Marine Mammal Protection Act, the Dolphin Consumer 
Protection Information Act, and the Antarctic Marine Living Resources 
Act have been submitted, including those required under Sec. Sec.  
216.24, 216.93, 300.114, 300.183, 300.185, 300.186, 300.187 and 635.5 
of this title; and the applicant is not subject to a permit sanction or 
denial under paragraph (i) of this section.


Sec.  300.323  Reporting requirements.

    A person importing for consumption or non-consumption, exporting, 
or re-exporting fish or fish products regulated under this subpart from 
any ocean area must file all reports and documentation required under 
the AMLR trade program, HMS ITP, and TTVP, and under other regulations 
that incorporate by reference the requirements of this subpart.


Sec.  300.324  Prohibitions.

    In addition to the prohibitions specified in Sec. Sec.  300.4, 
300.117, 300.189, 600.725 and 635.71 of this title, it is unlawful for 
any person subject to the jurisdiction of the United States to:
    (a) violate any provision of this subpart, or any IFTP issued under 
this subpart,
    (b) Import fish or fish products regulated under this subpart 
without a valid IFTP or without submitting complete and accurate 
information.

[FR Doc. 2015-32743 Filed 12-28-15; 8:45 am]
 BILLING CODE 3510-22-P