[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Proposed Rules]
[Pages 78714-78715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25309]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

RIN 0648-BK85


Magnuson-Stevens Fishery Conservation and Management Act; Seafood 
Import Monitoring Program

AGENCY: International Affairs, Trade, and Commerce, National Oceanic 
and Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The National Marine Fisheries Service (NMFS) withdraws the 
Seafood Import Monitoring Program (SIMP) proposed rule, which was 
published in the Federal Register on December 28, 2022. The SIMP 
proposed rule intended to add species to SIMP pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act. In addition, the 
proposed rule would have amended SIMP regulations to clarify the 
responsibilities and definitions, and make other necessary 
administrative modernizations. In light of the extensive public 
comments received regarding the December 2022 proposed rule, NMFS has 
decided to conduct a comprehensive program review in order to 
strengthen the impact and effectiveness of SIMP. Critical aspects of 
that review will include better defining the problem that we are 
working to address and establishing clear, achievable goals through 
constructive engagement with our stakeholders. Comments received on the 
December 2022 proposed rule will also be taken into consideration as 
part of the review. While NMFS conducts this comprehensive review, SIMP 
will continue to operate in its current form, all existing requirements 
remain in force, and the list of priority species currently subject to 
SIMP requirements remains unchanged. In addition, NMFS will continue to 
support industry and other stakeholders in SIMP compliance during the 
review.

DATES: The proposed rule published on December 28, 2022 (87 FR 79836) 
is withdrawn on November 16, 2023.

FOR FURTHER INFORMATION CONTACT: Rachael Confair, Office of 
International Affairs, Trade, and Commerce, NMFS, 301-427-8361, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On December 28, 2022, NMFS issued its SIMP proposed rule (85 FR 
58321). The proposed rule was initially open for 90 days of public 
comment, and this period was extended for an additional 30 days. It 
included a proposal to incorporate additional priority species in SIMP, 
as well as to make other administrative changes.
    SIMP has been in effect for more than 1,100 unique species, 
representing 13 species groups, for approximately 4 years. SIMP was 
established as a screening tool to identify and deter products derived 
from Illegal, Unreported, and Unregulated (IUU) fishing, as well as 
misrepresented seafood from entering the U.S. market. The information 
required under SIMP can lead to the interdiction of IUU fish and fish 
products as they enter the United States, but it was not designed to 
achieve that outcome, nor has that been typically how it functions. It 
is primarily a permitting, reporting and recordkeeping program that 
conducts post-entry audits, and in some cases, enforcement inspections 
and, when potentially illegal imports are identified, follow-up 
investigations.

Program Review

    It is clear, based on the comments received, combined with feedback 
received over the past few years, that this is the right time to review 
SIMP. There are a diverse array of viewpoints, and sometimes 
unrealistic expectations, on what SIMP should or could be doing. In 
order to strengthen our impact and effectiveness, it is important to 
better define our goals, and then identify clear mechanisms to achieve 
them.
    As an integral part of this undertaking, NMFS will actively seek 
engagement and input from all relevant stakeholder groups, including 
industry, non-governmental organizations, other Federal agencies, 
congressional representatives, and foreign governments. NMFS intends to 
bring together an informal interagency working group to review our 
approach and identify possible strategies for increasing the 
effectiveness and impact of SIMP on countering IUU fishing and seafood 
fraud. This collaborative effort will also explore alternative or 
complementary approaches available to address seafood traceability for 
NMFS and its interagency partners. Some questions that NMFS will 
consider during the review are:
    1. Determine the goals: What is the problem or problems that SIMP 
was designed to address? Are there changes that should be made to the 
goals? What do we want to achieve and what is the best way to do it?
    2. Determine whether the goals are achievable: Are the goals 
feasible? What does success look like? Are there limitations of 
resources, technology, or other elements that must be considered in 
determining whether the goals are achievable?
    3. Determine what is needed to achieve the goals: Are there 
additional authorities needed for NOAA or other agencies to achieve 
these goals? What new tools are needed to accomplish this goal? Are 
there existing tools that could be used more effectively? How can we 
use a whole-of-government approach to achieve these goals?
    NMFS will review and consider all aspects of the Program, including 
the initial constraints that shaped SIMP's original framework. NMFS 
will use both the public comments received and internal and external 
program assessments to refine the areas of focus. NMFS also plans to 
conduct public listening sessions to solicit written and oral feedback 
from public stakeholders, as well as participating in other

[[Page 78715]]

engagement opportunities with stakeholders or groups of stakeholders.
    The withdrawal of this proposed rule does not preclude NMFS from 
reinitiating rulemaking concerning the issues addressed in the proposed 
rule. Should that occur, NMFS will re-propose the action and provide 
new opportunities for comment. More information on SIMP and the NMFS 
review are available online at the Agency's website (https://www.fisheries.noaa.gov/action/noaa-fisheries-withdrawal-its-simp-proposed-rule-and-announcement-comprehensive-review).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 13, 2023.
Alexa Cole,
Director; Office of International Affairs, Trade, and Commerce, 
National Marine Fisheries Service.
[FR Doc. 2023-25309 Filed 11-14-23; 8:45 am]
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