[Federal Register Volume 81, Number 83 (Friday, April 29, 2016)]
[Notices]
[Pages 25646-25648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10005]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE553
Presidential Task Force on Combating Illegal Unreported and
Unregulated (IUU) Fishing and Seafood Fraud Action Plan for
Implementing Recommendations 14/15; Commerce Trusted Trader Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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SUMMARY: The National Ocean Council Committee on IUU Fishing and
Seafood Fraud (NOC Committee) is seeking public input on the design and
implementation of a Commerce Trusted Trader Program as part of an
effective seafood traceability process to combat IUU fishing and
seafood fraud. The Commerce Trusted Trader Program will establish
within the previously proposed Seafood Import Monitoring Program such
benefits as reduced targeting and inspections, and enhanced streamlined
entry into U.S. commerce for holders of an International Fisheries
Trade Permit that are certified for participation in the Commerce
Trusted Trader Program.
DATES: Comments must be received by June 28, 2016. Public webinars will
take place from 2:00 to 3:30 p.m. eastern daylight time on May 4, 2016,
2:00 to 3:30 p.m. eastern daylight time on May 10, 2016, and 2:30 to
4:00 p.m. eastern daylight time on June 6, 2016.
ADDRESSES: You may submit comments on this document, identified by
Docket NOAA-NMFS-2014-0090, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0090, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Melissa Beaudry, Quality
Officer, Office of International Affairs and Seafood Inspection, 1315
East-West Highway, Suite 9511, Silver Spring, MD 20910.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the comment period, may not be
considered. All comments received are 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. Anonymous comments will be accepted (enter ``N/A''
in the required field if you wish to remain anonymous).
Information on joining the public webinars will be posted online at
www.iuufishing.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Melissa Beaudry, Quality Officer,
Office of International Affairs and Seafood Inspection; 301-427-8308.
SUPPLEMENTARY INFORMATION:
Background
On June 17, 2014, the White House released a Presidential
Memorandum entitled ``Establishing a Comprehensive Framework to Combat
Illegal, Unreported, and Unregulated Fishing and Seafood Fraud.'' Among
other actions, the Memorandum established a Presidential Task Force on
Combating Illegal, Unreported, and Unregulated (IUU) Fishing and
Seafood Fraud (Task Force), co-chaired by the Departments of State and
Commerce, with membership including a number of other Federal agency
and White House Offices: The Departments of Agriculture, Defense,
Health and Human Services, Homeland Security, Interior, and Justice;
the Federal Trade Commission; the U.S. Agency for International
Development; the Council on Environmental Quality; the Office of
Science and Technology Policy; the National Security Council; and the
Office of the U.S. Trade Representative.
The Task Force was directed to report to the President
``recommendations for the implementation of a comprehensive framework
of integrated programs to combat IUU fishing and seafood fraud that
emphasizes areas of greatest need.'' Those recommendations were
provided to the President through the National Ocean Council, and NMFS
requested comments from the public on how to effectively implement the
recommendations of the Task Force (79 FR 75536, December 18, 2014).
Oversight for implementing the recommendations of the Task Force has
been charged to the National Ocean Council Standing Committee on IUU
Fishing and Seafood Fraud (NOC Committee). On March 15, 2015, the Task
Force published its Action Plan for Implementing the Task Force
Recommendations (http://www.nmfs.noaa.gov/ia/iuu/taskforce.html).
Recommendation 14 concerns the development of a risk-based
traceability program as a means to combat IUU fishing and seafood
fraud. Recommendation 15 calls for the implementation of the first
phase of that risk-based traceability program that tracks fish and fish
products identified as being at risk of IUU fishing or seafood fraud
from point of harvest to point of entry into U.S. commerce.
The first step taken to address Recommendations 14 and 15 was the
identification of those species likely to be at risk of IUU fishing or
seafood fraud. The second step taken was proposed rulemaking (81 FR
6210, February 5, 2016), which would establish data reporting,
recordkeeping, and related operational requirements at the point of
entry into U.S. commerce for imported fish and fish products of at-risk
species. The data reporting and recordkeeping requirements for at-risk
species imports would apply to importers of record, who would be
required to obtain an International Fisheries Trade Permit. The
importers of record are the importers as identified in CBP entry
filings for shipments containing the designated at-risk species.
Customs brokers may fulfill these requirements on behalf of the
importer of record at the importer of record's request.
The next step is to develop and implement a trusted trader program
whereby the Secretary of Commerce will collaborate with the Secretary
of Homeland Security and other agencies as relevant to assist in
developing a voluntary Commerce Trusted Trader Program for importers of
the species covered by the final rule to be issued to establish a
Seafood Import Monitoring Program. The Commerce Trusted Trader Program
will provide benefits such as reduced targeting and inspections and
enhanced streamlined entry into U.S. commerce for certified importers.
With this notice, the Committee is soliciting comments on the design
and implementation of this Commerce Trusted Trader Program.
Scope
As proposed, the Seafood Import Monitoring Program holds the
importer of record responsible for certain reporting and recordkeeping
[[Page 25647]]
requirements. The Committee has therefore identified the universe of
International Fishery Trade Permit (IFTP) holders as falling within the
scope of a Commerce Trusted Trader Program. The Committee seeks
comments on whether this is the appropriate scope and how the scope of
the program might be expanded to include entities with a role in
securing the supply chain that are not directly responsible for record
keeping and reporting and who may not be required to hold an IFTP. For
example, might a Trusted Trader Program include customs brokers acting
on behalf of importers of record, freight forwarders, foreign
harvesters, foreign processors or a foreign exporting company? The
Committee seeks comments on what other roles in the supply chain and
import process might benefit from reduced inspections and a streamlined
entry process.
Criteria
The Committee seeks comment on scope of criteria for evaluating and
certifying permit holders as ``trusted traders''. Such criteria might
include, among other considerations, the compliance record of the
applicant for other federal programs, the extent to which the certified
permit holder has measures in place to verify the source and chain of
custody of imported fish and fish products, and the nature and
complexity of the supply chains from which the permit holder sources
their imports. Additionally, the Committee seeks comment as to how the
criteria within the scope of a Trusted Trader program should be
weighted when considering certification of a permit holder.
The Committee also seeks comment on which attributes of a supply
chain covered by the scope of the Seafood Import Monitoring Program
(harvest, landing, shipment, processing, storage, import entry, etc.),
if any, can be considered as criteria for inclusion in a Trusted Trader
program. As with the Seafood Import Monitoring Program itself,
implementation of a Commerce Trusted Trader Program must be compliant
with United States international trade obligations.
Benefits and Incentives
The Task Force Action Plan describes the Commerce Trusted Trader
Program as ``provid[ing] benefits such as reduced targeting and
inspections and enhanced streamlined entry into U.S. commerce . . .''
The Committee seeks comments on these and other potential benefits that
may expedite the flow of trade, reduce the burden of compliance for
certified permit holders, and improve implementation and enforcement
efficiency. Additionally, the Committee seeks comment on how those
benefits will incentivize participation in the Commerce Trusted Trader
Program while ensuring the continued effectiveness of the Seafood
Import Monitoring Program.
Evaluation and Verification of Certified Permit Holders
The Committee seeks recommendations on the potential scope and
process of evaluating permit holders for certification. Commenters are
encouraged to describe how permit holders should be evaluated against
recommended criteria.
The Committee also seeks recommendations on the potential scope and
process of verifying a certified permit holder's ongoing compliance
with certification criteria. Commenters are encouraged to describe
process and frequency by which certified Trusted Traders and other
entities that may be included in the Commerce Trusted Trader Program
are evaluated for compliance with certification criteria.
Relationship to Other Trusted Trader or Federal Import Programs
NOAA administers several other trade monitoring programs requiring
importers of record to obtain an IFTP, report information at time of
entry, and maintain records describing the imported product's chain of
custody. These include the Highly Migratory Species Catch Documentation
Program and the Antarctic Marine Living Resources Import/Export
Certification Program. The Committee seeks comment on the extent to
which these programs can or should be included in a Commerce Trusted
Trader Program.
Comments are also requested regarding the potential coordination of
other federal trusted trader or import monitoring programs as a means
of expediting the entry of fish products, reducing overall regulatory
burden, and improving the efficiency of implementation and enforcement.
Additionally, the Committee seeks comment on how coordination, or
integration, with other federal Trusted Trader programs will
incentivize participation in the Commerce Trusted Trader Program while
ensuring the continued effectiveness of the Seafood Import Monitoring
Program.
NMFS notes, however, that the Tuna Tracking and Verification
Program (TTVP) requires certain reporting and recordkeeping
requirements regarding imports of tuna products on the part of U.S.
processors, importers, and others for purposes of the dolphin safe
labeling requirements for tuna product. See 50 CFR part 216, subpart H.
These requirements were recently amended by interim final rule. See 81
FR 15444, March 23, 2016. The dolphin safe labeling, reporting and
recordkeeping requirements fall outside the scope of the Commerce
Trusted Trader program and those dolphin safe labeling requirements
would continue to apply for tuna product regardless of whether the
importer qualifies as a trusted trader under this program.
Third Party Traceability Systems
The Committee is aware of private efforts by seafood producers,
traders, wholesalers, retailers, and third parties to trace and track
seafood products and seeks comment regarding the consideration of those
traceability efforts in the design and implementation of a Commerce
Trusted Trader Program. The committee also seeks recommendations for
operational standards for such systems should they be included in a
Commerce Trusted Trader Program.
Timing and Implementation
While the IUU Task Force Action Plan calls for the Commerce Trusted
Trader Program to be finalized by September 2016, the timing of actual
implementation may be affected by, among other factors, timing of the
implementation of the Seafood Import Monitoring Program final rule,
completion of the structure and elements of the Commerce Trusted Trader
Program, and the timeframe for completion of Commerce Trusted Trader
Program business rules in the International Trade Data System, as
necessary for implementation. NMFS will in any case make its best
effort to implement the Seafood Import Monitoring Program and the
associated Commerce Trusted Trader Program simultaneously. The
Committee seeks comment on the potential impacts and benefits of
implementing the Commerce Trusted Trader Program some weeks or months
following the implementation of the Seafood Import Monitoring Program.
The committee also seeks recommendations for design and implementation
of the Commerce Trusted Trader Program regarding measures that can be
taken to minimize the cost and burden of those impacts and capture
available benefits.
The Committee will address outstanding design and implementation
issues associated with the Commerce Trusted Trader Program in its
December 2016 report on the implementation of the Seafood Traceability
Program.
[[Page 25648]]
Following the public comment period, the NOC Committee will take
the input received into consideration while finalizing recommendations
that will be sent forward for appropriate agency action, as outlined in
the implementation plan for Task Force Recommendations 14 and 15.
Dated: April 25, 2016.
John Henderschedt,
Director, Office for International Affairs and Seafood Inspection,
National Marine Fisheries Service.
[FR Doc. 2016-10005 Filed 4-28-16; 8:45 am]
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