[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]
 BILLING CODE 3510-22-P