[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is withdrawn on November 16, 2023.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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