[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Proposed Rules]
[Pages 102091-102100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29238]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 216, 300, and 635
[Docket No. 241010-0269]
RIN 0648-BK86
Seafood Import Procedures and Certification of Admissibility
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of proposed rulemaking; request for comments.
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SUMMARY: NMFS proposes to revise regulations to provide for electronic
entry filing of data from the Certification of Admissibility (COA)
form, which allows entry of certain fish or fish products otherwise
subject to trade restrictions pursuant to the Marine Mammal Protection
Act (MMPA), High Seas Driftnet Fishing Moratorium Protection Act
(Moratorium Protection Act), or Atlantic Tunas Convention Act (ATCA).
This proposed rule would standardize and consolidate existing permit,
reporting, recordkeeping, and entry filing requirements and allow
nations to use their own aggregate catch documentation. The intent of
these actions are to enable the continued flow of trade while adhering
to existing statutory requirements.
DATES: Written comments must be received on or before February 18,
2025.
ADDRESSES: Written comments on this action, identified by NOAA-NMFS-
2022-0057, may be submitted by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and
enter NOAA-NMFS-2022-0057 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Bryan Keller, Office of
International Affairs, Trade, and Commerce, National Marine Fisheries
Service, 1315 East-West Highway (F/IS5), Silver Spring, MD 20910.
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
https://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 addressed in the
proposed rule may be submitted to the Office of International Affairs,
Trade, and Commerce, and/or to NMFS.
FOR FURTHER INFORMATION CONTACT: Bryan Keller, Office of International
Affairs, Trade, and Commerce, National Marine Fisheries Service (phone:
301-427-7725; or email: [email protected]).
SUPPLEMENTARY INFORMATION:
Background
Several statutes, including the MMPA (16 U.S.C 1361 et seq.),
Moratorium Protection Act (16 U.S.C. 1826d-k), and ATCA (16 U.S.C. 971
et seq.), authorize the U.S. Government to impose trade restrictions on
certain fish or fish products (both wild-caught and aquaculture) of a
foreign nation, or other entities that have competency to enter into
international fishery management agreements as per the Moratorium
Protection Act, where the nation has failed to meet the standards or
requirements of the United States. In order to allow for entry of
similar fish and fish products that are not subject to trade
restrictions, NMFS developed the COA fish harvest record form, which is
designed to accompany a non-prohibited shipment of fish or fish product
to attest to its method and location of harvest. NMFS currently uses
paper-format COAs that require
[[Page 102092]]
signatures of the certifying official of the exporting nation prior to
arrival and the U.S. importer upon release into the United States. This
information collection is currently approved by the Office of
Management and Budget (OMB) under control number 0648-0651. The COA is
currently referenced under separate regulations that implement the MMPA
(see 50 CFR 216.24(h)) and the Moratorium Protection Act (see 50 CFR
part 300, subpart N).
NMFS now seeks to automate the COA and entry process and proposes
to amend and consolidate COA-related permit, reporting and
recordkeeping, and entry filing requirements in a new subpart S to 50
CFR part 300. The goal is to ensure consistency in the COA requirements
for importing non-restricted products across all programs. This
proposed rule would make conforming edits to regulations promulgated
pursuant to the MMPA, Moratorium Protection Act, and ATCA, including
adding a cross-reference to the new subpart S.
Current COA Use
The COA procedures are used to facilitate and monitor trade in fish
products from nations that are subject to narrowly defined trade
restrictions (e.g., specific nations, fishing gear or fishing areas)
under the MMPA, Moratorium Protection Act, or ATCA, but for which
conditions of harvest may allow for entry of certain fish or fish
products (see 16 U.S.C. 1371(a)(2)(A); 16 U.S.C. 1826j(d)(2); 16 U.S.C.
1826k(c)(4); and 16 U.S.C. 971d(c)(4) and (5)).
To date, NMFS has allowed use of a COA fish harvest record form to
import non-prohibited fish or fish products from nations subject to
import prohibitions in two situations under MMPA authority. In the
first case, to protect the endangered vaquita porpoise, certain fish
products from Mexico that are harvested by specified fishing gear in
the Upper Gulf of California that incidentally catch vaquita are
subject to trade restrictions (see 85 FR 13626, March 9, 2020).
However, those types of fish or fish products are admissible when
documented by Mexico via the COA as having been harvested in other
fishing areas outside the Upper Gulf of California or with other
fishing gear not subject to the import restriction. In the second case,
to protect the endangered Maui dolphin, the U.S. Court of International
Trade issued a preliminary injunction on the import of certain fish
products from New Zealand that were harvested with set net or trawl
gear off the west coast of North Island (see Slip OP 22-130 at https://www.cit.uscourts.gov/sites/cit/files/22-130.pdf). However, those types
of fish or fish products were admissible, when documented by New
Zealand via the COA as having been harvested in other fishing areas
outside the west coast of North Island or with other fishing gear not
subject to the import restriction. As of April 2, 2024, the MMPA import
ban was lifted for fish or fish products from New Zealand. Detailed
information on the current trade restrictions and provisions for use of
the COA to file entries for admissible shipments can be found at:
https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions.
NMFS worked closely with U.S. Customs and Border Protection (CBP)
to implement the trade restrictions and use of the COA fish harvest
record form to document eligible entries. In the two cases referenced
above, NMFS worked with CBP trade specialists to determine the U.S.
Harmonized Tariff Schedule (HTSUS) codes applicable to the fish or fish
products subject to the trade restrictions. NMFS then worked with the
CBP Office of Field Operations to implement the trade restriction, with
the scope of the restriction specified by the country of origin and the
HTSUS code of the product. For the applicable country of origin and
HTSUS code combination, the Document Image System (DIS) submission was
required in the Automated Commercial Environment (ACE) portal. NMFS
communicated the scope of the seafood trade restrictions and the
documentation requirements for entry to the trade community through
notices in the Federal Register (see https://www.federalregister.gov/documents/2020/03/09/2020-04692/implementation-of-fish-and-fish-product-import-provisions-of-the-marine-mammal-protection) and/or use
of the CBP Cargo Systems Messaging Service (see https://content.govdelivery.com/accounts/USDHSCBP/bulletins/33ef290).
Upon the effective date of each trade restriction, CBP port
inspectors began monitoring seafood imports from any affected countries
to determine if the COA fish harvest record form had been submitted for
the selected HTSUS codes. Absent the COA fish harvest record form, the
entry was rejected and the entry filer (customs broker or importer of
record) notified of the documentation requirement. Pursuant to a data-
sharing memorandum of understanding, NMFS receives a daily feed of
entry filings from CBP and, for entries requiring the COA, is able to
validate the information presented on the COA fish harvest record form.
Proposed Action
Consolidating COA Requirements in New Subpart S
NMFS proposes a new subpart S to 50 CFR part 300 (the International
Fisheries Regulations) to provide consistent COA requirements for use
across the MMPA, Moratorium Protection Act, and ATCA programs. Under
the proposed rule, the importer of record would be required to possess
an International Fisheries Trade Permit (IFTP) issued under 50 CFR
300.322. The importer of record must file electronically, at the time
of entry, or in advance of entry, the message set required under this
subpart with U.S. CBP via the ACE portal. All products subject to
subpart S, regardless of value, are subject to the subpart's
requirements, notwithstanding any CBP exemptions. NMFS may allow entry
of such products if: the exporting nation certifies the products are
not subject to U.S. import restrictions via the COA fish harvest record
form; the importer of record enters required data via the CBP ACE
portal at the time of entry; and the importer of record uploads a copy
of the COA fish harvest record form or other approved form through the
DIS via the ACE portal within 24 hours of release of the product by
CBP.
The COA is defined in this proposed rule as the attestation that
the fish or fish products offered for entry into the United States are
not subject to any import prohibitions issued pursuant to 50 CFR
216.24(h), 300.206, or 635.40(a) (i.e., the import prohibition
provisions under the MMPA, Moratorium Protection Act, and ATCA
regulations, respectively). The proposed rule specifies that the COA
fish harvest record form is available from NMFS and must be properly
completed and certified by a duly authorized official of the exporting
nation. The COA must also be validated by the importer of record and
submitted to CBP in a format specified by NMFS. Nations subject to
import prohibitions may use their own form or aggregate catch
documentation, if NMFS finds that the provided information satisfies
all requirements of this subpart and is the functional equivalent of
NMFS' COA fish harvest record form. The COA fish harvest record form
would include the following: information on the fish that was harvested
and processed; information on where and when the fish were harvested
and/or information on the aquaculture facility producing the product.
The proposed rule specifies
[[Page 102093]]
that the importer would be required to provide all of the required
information as applicable but may provide the total quantity and/or
weight of the product(s) as landed/delivered and may omit certain
vessel information (i.e., vessel name, vessel authorization, and vessel
number) for aggregate reporting. This flexibility may be desirable for
aggregate harvests involving multiple small-scale fishing vessels that
land fish or fish products at shore. An exporting nation may provide
its own report of aggregated catch documentation for the shipment if it
contains all the relevant information needed to satisfy this subpart.
Finally, the NMFS-issued IFTP number issued for all IFTP holders under
50 CFR 300.322 for the importer of record would be required to be
submitted via the ACE portal.
Data Required for Entry Into the ACE Portal
Information entered into the ACE portal must be complete and
accurate and must match exactly the information provided on the COA
fish harvest record form or other approved documentation. NMFS is
working with CBP to automate the process in ACE for applying fish
product trade restrictions, including situations when entry is allowed
through use of the COA. CBP will develop functionality within the ACE
portal to allow NMFS to specify trade restrictions for particular fish
or fish products harvested by and/or exported from specific nations.
NMFS would also specify when those products may be entered with a COA
fish harvest record form documenting that the fish products were
harvested by a method or in a location not subject to the specified
trade restriction. Specific instructions on submitting the electronic
message set are in the ACE Implementation Guide for NMFS incorporated
in the Appendices to the Customs and Trade Automated Interface
Requirements (CATAIR) appendix PGA (see https://www.cbp.gov/document/guidance/nmfs-pga-message-set-guidelines).
To automate the process of entry determination, this proposed rule
will set forth the types of data elements that must be entered at the
time of entry, or in advance of entry, into the ACE portal by the
importer of record for each fish or fish product designated by NMFS as
requiring a COA. Automated entry processing would facilitate
enforcement of trade restrictions while also reducing the potential for
disruptions/delays affecting the trade community when documents are
checked manually.
ACE automation of the COA data would allow for the ability to act
more quickly in implementing trade restrictions and COA requirements at
entry. Under the MMPA, Moratorium Protection Act, and ATCA trade
restriction provisions, it is envisioned that the exporting nation
subject to a restriction may eventually take the necessary corrective
action to address the issue or issues leading to the trade restrictions
(e.g., enhanced monitoring of fishing vessels, strengthening
enforcement mechanisms, bycatch mitigation, etc.). In response to
corrective actions, NMFS would lift trade restrictions and an update
would be made accordingly in ACE by CBP following guidance and
instruction provided by NMFS.
Recordkeeping and Inspections
This proposed rule would add a new requirement, at 50 CFR 300.354,
that the importer of record retain records of the information reported
at entry under this subpart in electronic or paper format, and make
them available for inspection at the importer's place of business or
submit them to NMFS upon request, for a period of 2 years from the date
of the entry.
Prohibitions
This proposed rule adds a new Sec. 300.355 setting forth
prohibitions that it is unlawful for any person subject to the
jurisdiction of the United States to violate any provision of this
subpart, or the conditions of any IFTP issued under this part, and
import fish or fish products subject to restrictions and documentation
requirements under the MMPA, Moratorium Protection Act, or ATCA without
a valid IFTP issued under 50 CFR 300.322 or without submitting complete
and accurate information and documentation. These prohibitions are in
addition to the prohibitions specified in the MMPA, Moratorium
Protection Act, and ATCA regulations at Sec. Sec. 216.12(d), 300.4,
300.325, and 635.71.
Revisions to the International Trade Documentation and Tracking
Programs Regulations of Subpart Q
This proposed rule also amends the international trade
documentation and tracking regulations at subpart Q to clarify
authorities to which the subpart applies, correct the citation in the
definition of International Fisheries Trade Permit and make minor
organizational changes to 50 CFR 300.322 and 300.323 to improve
readability.
Revisions to the MMPA Import Regulations
Under the MMPA, nations that export fish or fish products to the
United States must ensure that their exporting fisheries have
regulatory programs to address the incidental and intentional mortality
and serious injury of marine mammals during the course of commercial
fishing operations that are comparable in effectiveness to those
required in U.S. fisheries (see 16 U.S.C. 1371(a)(2) and 50 CFR
216.24(h)). A nation that does not receive a comparability finding from
NMFS for a fishery would be subject to trade prohibitions for the fish
or fish products from that fishery. However, shipments from that nation
may still be allowed if accompanied by a COA fish harvest record form
certified by officials of the exporting nation to document that the
product was not harvested in a fishery that did not receive a
comparability finding. Therefore, NMFS is proposing to revise the MMPA
regulations at 50 CFR 216.24(h)(1)(ii)(B) to remove the COA
requirements from this provision. This proposed rule would add a
reference to 50 CFR part 300, subpart S, for COA-related requirements
and procedures for entry of non-prohibited products.
Revisions to the Moratorium Protection Act Regulations
The Moratorium Protection Act contains provisions to negatively
certify nations for illegal, unreported or unregulated (IUU) fishing;
bycatch of protected living marine resources (PLMR); and unsustainable
fishing for sharks (16 U.S.C. 1826j and 1826k and 50 CFR 300.202
through 300.204). Negatively certified nations may be subject to trade
restrictions for products harvested in the fisheries of concern.
However, the Moratorium Protection Act authorizes alternative
procedures that allow entry of fish and fish products on a shipment by
shipment or vessel specific basis (16 U.S.C. 1826j(d)(2) and
1826k(c)(4) and 50 CFR 300.207 through 300.209). Current regulations at
50 CFR 300.207 (IUU fishing), 300.208 (PLMR bycatch), and 300.209
(shark catches) set forth the procedures for entry of product from
negatively certified nations if the importer submits a COA fish harvest
record form validated by the exporting nation to document that the fish
or fish products are not subject to trade restrictions. This proposed
rule would consolidate the alternative procedures for relevant fish or
fish products from negatively certified nations for IUU fishing, PLMR
bycatch, or shark catch into 50 CFR 300.207 and remove 300.208 and
300.209 as redundant. This proposed rule would also refer to 50 CFR
part 300, subpart S, for COA-
[[Page 102094]]
related requirements and procedures for entry of non-prohibited
products.
Revisions to ATCA Regulations
ATCA authorizes NMFS to make determinations under 16 U.S.C.
971d(c)(4) and (5) that fish subject to regulation or investigation by
the International Commission for the Conservation of Atlantic Tunas
(ICCAT) are ineligible for entry into the United States. Paragraph
(c)(4) addresses fishing in the ICCAT Convention area in such a manner
or in such circumstances as would tend to diminish the effectiveness of
ICCAT conservation recommendations. Paragraph (c)(5) addresses repeated
and flagrant fishing operations in the Convention area which seriously
threaten the achievement of the objectives of the Commission's
recommendations. Implementing regulations for these provisions are at
50 CFR 635.40.
The regulations (50 CFR 635.40(a)) provide that NMFS, with the
concurrence of the Secretary of State, will publish its findings under
16 U.S.C. 971d(c)(4) or (5) in the Federal Register. Upon filing, all
shipments of fish in any form of the species found to be ineligible
will be denied entry unless a particular shipment is accompanied by a
certificate of eligibility (COE), 50 CFR 635.40(b), which provides
satisfactory proof that the shipment of fish is eligible for entry.
This proposed rule revises 50 CFR 635.40(b) to replace the COE with the
COA and refer to 50 CFR part 300, subpart S, for COA-related
requirements and procedures for entry of non-prohibited products.
Response to Comments on Advance Notice of Proposed Rulemaking
NMFS published an Advance Notice of Proposed Rulemaking (ANPR) to
alert the trade community of the intention to automate entry of the COA
in ACE and to seek comment on the data programming needs on the part of
the trade (87 FR 44078, July 25, 2022). NMFS received six comments in
response to the ANPR from various trade, fishing industry, and
environmental non-governmental organizations and has considered them in
the development of this proposed rule. Some comments go beyond the
scope of this rulemaking, which is solely focused on automated entry
filing of COA related to import prohibitions under the MMPA, Moratorium
Protection Act, or ATCA. A summary of the relevant comments and
responses follows.
Comment 1: Commenters suggested that NMFS should create a separate
and independent reporting system similar to the toothfish pre-approval
application; then only the approval number will need to be submitted by
the importer to ACE.
Response: The toothfish preapproval system is unique in that there
is a relatively small number of toothfish shipments that are also
covered by the centralized catch documentation system adopted by the
Commission for the Conservation of Antarctic Marine Living Resources
(CCAMLR). NMFS has determined that because the majority of fish or fish
products subject to potential trade prohibitions are not covered by a
centralized catch documentation system, as adopted by CCAMLR, the COA
is an appropriate process to facilitate entry of non-prohibited fish or
fish products that are from a nation subject to an import prohibition
under the MMPA, Moratorium Protection Act, or ATCA. Therefore, NMFS is
not implementing this suggestion.
Comment 2: Commenters suggested that NMFS should harmonize the
information set called for by the COA fish harvest record form and
other information collection programs for importing fish or fish
products, such as highly migratory species, tuna tracking, seafood
import monitoring, and Antarctic resources programs.
Response: Some trade restrictions may be temporary and require
specific harvest data to narrowly target the fishing activity of
concern, while other trade monitoring programs have information
requirements that are agreed multilaterally and are more durable. As
the longevity of trade restrictions and scope of information to be
collected varies substantially, it is not feasible to harmonize the
information set collected by all import programs. Therefore, NMFS is
not implementing this suggestion because the proposed solution to
harmonize information sets with other trade programs does not align
with the temporal or substantive scope of this proposed rule.
Comment 3: Commenters suggested that NMFS should use the Seafood
Import Monitoring Program to achieve electronic reporting as needed for
COA with minimal disruption to industry/current practices.
Response: NMFS disagrees. Not all seafood products are currently
included in the Seafood Import Monitoring Program and trade
restrictions may need to be targeted on a range of fish or fish
products produced by specific fishing gear/methods/areas. Also, trade
restrictions requiring use of the COA may be temporary depending on
responsive actions taken by the exporting nation. Similar to Comment 3,
NMFS is not implementing this approach because the seafood products
covered by the Seafood Import Monitoring Program do not align with all
of the potential fish and fish products that could be subject to trade
restrictions under this proposed rule.
Comment 4: Commenters suggested that NMFS should include all
seafood imports in the COA program and ensure products produced as a
result of forced labor are prohibited. NMFS should use the COA to
require affirmation of compliance with applicable labor laws and
treaties.
Response: NMFS disagrees. Under the MMPA, Moratorium Protection
Act, and ATCA, the U.S. Government may deny entry of fish and fish
products under certain conditions. The COA provides a means for
allowing entry of fish and fish products that were not harvested under
those conditions. Therefore, including all seafood imports in the COA
program is outside the scope of this regulatory action.
Comment 5: Commenters suggested that NMFS should fully digitize the
COA data reporting into ACE (no paper forms).
Response: NMFS disagrees. ACE is designed to receive a prescribed
format message set for use by CBP and other partner government
agencies. Creating a data entry interface for the COA within ACE would
require a major change in functionality and would affect all partner
government agency programs. In addition, the use of the paper form is
critical to ensure nations certify that the fish or fish products in
the subject shipment are not subject to U.S. import restrictions
pursuant to the cited authorities. As described in more detail in
comment 6 below, NMFS disagrees that this is a practical solution given
the number of nations that export fish or fish products into the United
States. Requiring a fully digital interface would require some
government-to-government interface which is not feasible (see NMFS's
response to question 6 below). The paper form is therefore critical for
NMFS' validation of trade events as there would otherwise be no
certification from the foreign government.
Comment 6: One commenter recommended that NMFS adopt a government-
to-government approach to allow electronic transfers of the catch
certificate. Another commenter stated that foreign nations that have
electronic catch documentation systems in place can certify
admissibility through their systems and can provide documents/
certificates to NMFS that have less exposure to fraud or
misrepresentation.
[[Page 102095]]
Response: NMFS disagrees. The U.S. imports seafood from over 130
nations. Developing a system for catch certification that could be
supported by all nations would require considerable time and resources
and is beyond the scope of this rulemaking. As proposed, the COA fish
harvest record form requires validation by the exporting nation.
Additionally, this proposed rule specifies that nations subject to
import prohibitions may use their own form or aggregate catch
documentation if NMFS finds that the provided information satisfies all
requirements of this subpart and is the functional equivalent of NMFS'
COA fish harvest record form. Thus, under the provisions in this
proposed rule, nations with electronic catch certificates could work
with NMFS to see if the COA program requirements can be met through use
of their electronic catch documentation system.
Comment 7: One commenter suggested that the automated COA should
not become a redundant message set layered over the current NOAA
message sets used for other trade monitoring programs.
Response: NMFS agrees, but it cannot anticipate all of the
situations that may lead to a trade restriction based on the concerns
about particular foreign fisheries under various statutory authorities.
Likewise, the particular fish or fish products subject to trade
restrictions cannot be determined in advance of a determination about
the fishery of concern. A situation may arise in which fish or fish
products subject to COA are also subject to other NMFS trade monitoring
programs. Customs brokers and importers should therefore work with
their software developers to avoid repetitive data entry of common
elements while generating the individual ACE message sets for each
respective NMFS program applicable to the particular shipment.
Comment 8: One commenter recommended carrying out a pilot program
with selected importers and brokers for troubleshooting purposes.
Response: NMFS is actively working with CBP to develop the
reference files, message set requirements, and business rules in ACE
for the COA. Once this work is completed in the ACE certification
environment, automation of the COA can be tested against the current
COA requirements for Mexico. NMFS will continue work with CBP and the
trade community to provide adequate time for testing even after the
program is deployed to the ACE production environment. This approach
therefore allows for preliminary testing. Preliminary testing could
provide insights into any issues or adjustments that need to be made to
the program.
Comment 9: Commenters inquired whether product(s) imported into the
United States on or after the effective date of a trade restriction but
harvested before that date are also subject to the requirement for a
COA.
Response: The COA requirements would pertain to U.S. importers upon
the effective date of the trade restriction. Importers would then have
to report certain data for the product pertaining to the time, place,
and circumstances of harvest. Importers that provide a reported harvest
date prior to the effective date of the trade restriction on the COA
fish harvest record form and through the ACE portal would be allowed to
offer their fish or fish product for entry.
Comment 10: Commenters inquired if the foreign nation Harmonized
System (HS) Codes be used for products instead of the U.S. Harmonized
Tariff Schedule Numbers on the COA form.
Response: U.S. importers must specify 10-digit codes based on the
U.S. Harmonized Tariff Schedule (HTSUS), which also comports with the
World Customs Organization. NMFS will notify trade restrictions to
exporting nations and to CBP by indicating affected HTSUS codes for the
products restricted from the specific country of origin. As proposed in
this rule, if a U.S. importer files an entry that matches a specified
combination of HTSUS code and country of origin, the COA information
will be required. If the information provided by the COA fish harvest
record form and inputted into the ACE portal shows that the harvest
meets admissibility criteria, the entry will be processed and shipment
released. If COA data are missing or invalid or indicate the fish
products are inadmissible, the entry will be rejected. Foreign
exporters should work with U.S. importers to clarify the HTSUS code
that is applicable to the fish product offered for entry. That HTSUS
code will determine whether the entry will be subject to the COA data
requirement. U.S. importers are required to file entries under the
applicable HTSUS codes and are subject to penalties should they
intentionally misrepresent information about a shipment to avoid CBP or
other U.S. Federal Agency information requirements. See additional
HTSUS information at: https://hts.usitc.gov/current.
Comment 11: Multiple comments addressed that, in some nations,
export product may be derived from aggregate fisheries involving
several vessels. These nations may make use of a grouping feature for
the issuance of simplified catch certificates that will not provide the
details for each vessel involved in a certified catch but will keep all
the information behind the certificate available in the database. The
question was posed whether entering the name of the grouping of vessels
rather than each vessel individually would be acceptable to meet the
requirements for the COA procedures.
Response: Under the proposed rule, NMFS would consider the use of
foreign nation catch certificates provided they meet the requirement to
certify admissibility relative to the trade restriction that is
imposed. In addition, the proposed rule allows certain vessel
information (i.e., vessel name, vessel authorization, and vessel
number) to be omitted in aggregate reporting. NMFS seeks further
comment on the issue of vessel identifiers and grouping so that trade
prohibitions can be effectively enforced while minimizing the burden to
the exporting nation and the trade community.
Comment 12: Commenters inquired whether a list of all the duly
authorized officials who may certify fish products listed on a COA fish
harvest record form meet the specifications on the form would be made
publicly available and whether this list includes the duly authorized
officials from all exporting nations for which a requirement for COA
fish harvest record form is in place.
Response: To date, the COA program has been applied under MMPA
authority only to certain Mexican fisheries operating in the Upper Gulf
of California with fishing gear that interacts with the endangered
vaquita porpoise and to certain New Zealand fisheries operating off the
west coast of North Island with fishing gear that interacts with the
endangered Maui dolphin. NMFS worked with Mexico to identify officials
authorized to certify the harvest information presented on the COA fish
harvest record form. To assist Mexican exporters and U.S. importers in
identifying and contacting the authorized officials, NMFS published the
list. New Zealand sought and received approval from NMFS to use a form
generated from that nation's electronic catch certification system.
Because the New Zealand catch certificate system is restricted to
authorized users, there was no need to publish a list of officials
authorized to validate the COA.
For each situation where products of a particular fishery from a
nation are subject to an import restriction, NMFS will work with the
nation to determine how the COA program may be applied
[[Page 102096]]
to avoid disruption to legitimate trade in admissible products. NMFS
will consider the benefits to the trade community of posting
information about authorizing officials from the nation. NMFS will
coordinate with the relevant nation in considering whether to publish a
list of authorized officials.
NMFS seeks further comment on the COA provisions from the trade
community affected by the current MMPA trade restrictions on certain
fish products from Mexico. NMFS also seeks comments from exporters,
importers, and customs brokers of fish or fish products who are subject
to reporting requirements at entry through the ACE portal. In addition,
NMFS seeks comments from software developers who develop programs for
trade community computer systems to interface with ACE.
NMFS is interested in any additional comments or suggestions for
improving the implementation of the COA provisions pursuant to
regulations issued under parts 216 (MMPA), 300 (Moratorium Protection
Act), and 635 (ATCA).
Classification
This rulemaking is published under the authority of the MMPA (16
U.S.C. 1361 et seq.), the Moratorium Protection Act (16 U.S.C. 1826d-
k), and ATCA (16 U.S.C. 971 et seq.) The NMFS Assistant Administrator
has determined that this proposed rule is consistent with the above
referenced statutes and other applicable law, subject to further
consideration after public comment.
Under the MMPA, Moratorium Protection Act, and ATCA, certain fish
or fish products are to be prohibited from entry into the United States
if fishing practices from exporting nations or the nation's actions in
regulating certain fisheries result in unsustainable fishing practices
(see 16 U.S.C. 1371(a)(2); 16 U.S.C. 1826j(d)(3)(A); 16 U.S.C.
1826k(c)(5); and 16 U.S.C. 971d(c)(4) and (5)). Each of the
aforementioned statutes includes provisions authorizing the Secretary
of Commerce to implement alternative procedures to ensure non-
prohibited products can continue to enter the United States (see 16
U.S.C. 1371(a)(3)(A); 16 U.S.C. 1826j(d)(2); 16 U.S.C. 1826k(c)(4); and
16 U.S.C. 971d(c)(3)(1)(H)). This proposed regulation consolidates the
existing alternative procedures for entry regulations in a new subpart
S to allow entities seeking to import non-prohibited fish and fish
products into the United States to easily locate documentation
requirements (i.e., the COA) that must accompany such shipments. This
proposed regulation also updates the existing regulations and includes
procedures for automating the alternative entry procedures through
electronic submission of required data through the ACE portal.
Providing for electronic submission of required data accompanying non-
prohibited products would allow more rapid entry of these products into
the United States. The automated entry filing of the COA via electronic
message set through the ACE portal therefore allows NMFS to adhere to
our statutory obligations as described in this paragraph while meeting
our policy goal of minimizing disruption of lawful trade.
Executive Order 12866
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Regulatory Flexibility Act
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 a
significant economic impact on a substantial number of small entities.
The proposed amendments to the COA include the following amendment
of importer permitting, reporting and recordkeeping, and entry filing
requirements in situations where the COA fish harvest record form is
required; and allowance of the use of forms generated by a foreign
nation or aggregate catch documentation, if approved by NMFS.
The Small Business Administration (SBA) has established size
criteria for all major industry sectors in the United States, including
seafood wholesalers. According to SBA regulations at 13 CFR 121.201,
the small business size standards identified by North American Industry
Classification System (NAICS) codes classify a business involved in
fish and seafood wholesale trade as a small entity if it has under 100
employees (NAICS code 424460, Fish and Seafood Merchant Wholesalers)
for all its affiliated operations worldwide. The rulemaking will also
have incidental impacts on trade agents and brokers (NAICS code 425120,
Wholesale Trade Agents And Brokers), who may be responsible for some of
the data entry burden but we assume this cost will be fully passed on
to the wholesaler. As of the 2021 Census Bureau report, there were
1,873 firms categorized by NAICS code 424460 with a combined total
annual payroll of $1.2 billion. Revenue information is available from
the 2017 Economic Census, at which time the total category revenue was
$17.9 billion.
We estimate that 100 firms will be impacted by the rulemaking.
According to the 2021 County Business Patterns, 98 percent of
businesses categorized by NAICS code 424460 have fewer than 100
employees and therefore qualify as small entities. Therefore, we assume
that the rulemaking will apply to 98 small entities.
The economic impact of the rulemaking is the associated labor
burden, paperwork maintenance, and permit fee. Specifically, the firms
must certify certain information using the COA fish harvest record
form, submit data to ACE both before and after release, acquire an
International Fisheries Trade Permit, maintain the required records,
and respond to any requests for verification. A detailed breakdown of
these burdens is included in the Paperwork Reduction Act (PRA)
supporting statement and the Regulatory Impact Review, with the total
increase in burden from the information collection estimated to be
$54,899.77 for the impacted firms. This increase is due to new
requirements for submission of an electronic message set to the ACE
portal, obtaining an IFTP, and maintaining records for 2 years. The
increase was calculated by omitting the elements associated with the
previous reporting requirements from the burden summation. Averaged
across the 100 impacted firms, the burden is approximately $549 for
each firm.
The rulemaking will apply to firms importing certain seafood with
the species/country pair that falls under import restrictions. There is
no reason to believe this rulemaking will apply disproportionately to
small or large firms. If anything, there is likely to be a proportional
effect, with larger wholesalers both more likely to import covered
products and likely to import more of such products. To estimate the
impact of the rulemaking on profitability, we estimate an average
revenue from the 2017 Economic Census and adjust it for inflation. Due
to the uncertainty regarding the size and income level of impacted
firms, we take a conservative approach to estimating the average
revenue. There were 410 firms (21.6 percent of the category) with an
enterprise size below $500,000 which combined to report $92.7 million
in revenue, which equates to $118.2 million after accounting for
inflation calculations based on the Bureau of Labor Statistics (BLS)
inflation calculator, using December 2017 to May 2024 as the reference
dates. This implies an average revenue of $288,292 per firm, of which
the $549 burden represents 0.2 percent of the total revenue. This is a
conservative estimate of the impact,
[[Page 102097]]
having included only the lowest-earning 21.6 percent of firms.
Based on this calculation, we conclude that the regulation will not
have a significant economic effect on the impacted small entities, and
therefore an initial regulatory flexibility analysis is not required
and none has been prepared.
Paperwork Reduction Act
Section 603(b)(4) of the RFA requires agencies to describe any new
reporting, recordkeeping and other compliance requirements. NMFS
proposes a revision to a currently approved collection-of-information
requirement that is subject to OMB review and approval under the
Paperwork Reduction Act (OMB control number 0648-0651). The proposed
revisions to the collection-of-information would expand the data
elements to be collected from the exporting nation regarding the
fishing activity that produced the fish or fish product in the export
shipment. Further, the proposed revisions to the collection-of-
information would require U.S. entry filers (customs brokers, importer
of record) to file a NMFS-specific message set in the ACE portal that
provides sufficient information to determine that the fish in the
shipment were not harvested under circumstances subject to an import
prohibition.
The revised collection-of-information burden, as proposed under
this rule, is estimated to be an increase of $54,899.77 across all
affected entities. This increase is due to new requirements for
submission of an electronic message set to the ACE portal, obtaining an
IFTP, and maintaining records for 2 years. The increase was calculated
by omitting the elements associated with the previous reporting
requirements from the burden summation. Details on the burden
associated with these requirements and methodology used to calculate
the total burden increase can be found in the Supporting Statement for
the Paperwork Reduction Act at: https://www.regulations.gov/docket/NOAA-NMFS-2022-0057.
NMFS anticipates that neither U.S. entities nor foreign entities
would be significantly affected by this action. Many of the data
elements to be submitted electronically through this collection-of-
information to gain release of shipments from port are, to some extent,
either already collected under the existing fishery monitoring
programs, collected pursuant to national or international trade
tracking or catch documentation requirements, or collected in support
of third-party certification schemes voluntarily adopted by the trade.
The COA form is already required for entry of non-prohibited product
from nations subject to import restrictions. The minimal increase to
burden relates primarily to the submission of an electronic message set
to the ACE portal, obtaining an IFTP, and maintaining records for 2
years.
The information collection requirement under this proposed rule
intends to minimize any potential overlap with other reporting
requirements.
NMFS specifically seeks comments on the burden estimates or any
other aspects of the new collection of information. Please send such
comments to the Office of International Affairs, Trade, and Commerce at
the ADDRESSES above, and by submission to Information Collection Review
at: https://www.reginfo.gov/public/do/PRAMain.
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 Paperwork Reduction Act, unless that collection of
information displays a currently valid OMB control number.
List of Subjects
50 CFR Part 216
Administrative practice and procedure, Exports, Fish, Imports,
Indians, Labeling, Marine mammals.
50 CFR Part 300
Administrative practice and procedure, Antarctica, Canada, Exports,
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources,
Reporting and recordkeeping requirements, Russian Federation,
Transportation, Treaties, Wildlife.
50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Statistics,
Treaties.
Dated: December 6, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR parts 216, 300, and 635 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 paragraphs (h)(1)(ii)(B) and (h)(9)(iii)(A)
and remove paragraph (h)(9)(iii)(D) to read as follows:
Sec. 216.24 Taking and related acts in commercial fishing operations
including tuna purse seine vessels in the eastern tropical Pacific
Ocean.
* * * * *
(h) * * *
(1) * * *
(ii) * * *
(B) Is not accompanied by a Certification of Admissibility (COA)
fish harvest record form where such certification is required pursuant
to paragraph (h)(9)(iii) of this section.
* * * * *
(9) * * *
(iii) Certification of Admissibility. (A) If fish or fish products
of a nation are subject to an import prohibition under paragraph (h)(1)
or (9) of this section, the Assistant Administrator may allow entry of
the same or similar fish and fish products caught or harvested in
another fishery of that nation not subject to the prohibition if
accompanied by a COA fish harvest record form pursuant to the
procedures and requirements specified in 50 CFR part 300, subpart S.
* * * * *
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart N--Identification and Certification of Nations
0
3. The authority for subpart N continues to read as follows:
Authority: 16 U.S.C. 1826d et seq.
0
4. Revise Sec. 300.207 to read as follows:
Sec. 300.207 Alternative procedures for products not subject to trade
restrictions under this subpart.
(a) As provided under 16 U.S.C. 1826j and 1826k, fish or fish
products from a negatively certified nation (Sec. 300.202, Sec.
300.203, or Sec. 300.204) that are prohibited for entry (Sec.
300.205) may be allowed entry into the United States on a shipment-by-
shipment, shipper-by-shipper, or other basis, if the product was not
harvested through the fishing activity for which the nation was
negatively certified.
(b) To facilitate entry of products under paragraph (a) of this
section, fish or fish products from a negatively certified nation must
be accompanied upon entry by a Certification of Admissibility (COA)
fish harvest record form pursuant to the procedures and requirements
specified in subpart S of this part.
[[Page 102098]]
(c) Any trade action recommended and applied under this section
shall be consistent with international obligations, including the WTO
Agreement.
Sec. Sec. 300.208 and 300.209 [Removed]
0
5. Remove Sec. Sec. 300.208 and 300.209.
Subpart Q--International Trade Documentation and Tracking Programs
0
6. The authority for subpart Q is added to read as follows:
Authority: 6 U.S.C. 901 et seq.; 16 U.S.C. 951-961;16 U.S.C. 971
et seq.; 16 U.S.C. 1361-1407; 16 U.S.C. 1385; 16 U.S.C. 1801 et
seq.; 16 U.S.C. 1826a-c; 16 U.S.C. 1826d-k; 16 U.S.C. 2431 et seq.;
16 U.S.C. 3371 et seq.; 16 U.S.C. 5501 et seq.; 22 U.S.C. 1978; 31
U.S.C. 9701 et seq.
0
7. Revise Sec. 300.320 to read as follows:
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.
This subpart implements 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. The
regulations under this subpart are also issued under the Marine Mammal
Protection Act of 1972, the Dolphin Protection Consumer Information
Act, the High Seas Driftnet Fisheries Enforcement Act, the High Seas
Driftnet Fishing Moratorium Protection Act, and the Security and
Accountability for Every Port Act of 2006. Other relevant authorities
include the Pelly Amendment to the Fishermen's Protective Act and the
Lacey Act. The requirements in this subpart may be adopted by reference
in other regulations under this title.
0
8. In Sec. 300.321, revise the definition for ``International
Fisheries Trade Permit'' to read as follows:
Sec. 300.321 Definitions.
* * * * *
International Fisheries Trade Permit (or IFTP) means the permit issued
by NMFS under Sec. 300.322.
* * * * *
0
9. In Sec. 300.322, revise paragraph (a) to read as follows:
Sec. 300.322 International Fisheries Trade Permit.
(a) General. Any person who imports (as defined in Sec. 300.321)
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 applicable laws and regulations,
a representative or agent of the IFTP holder may make the electronic
filings on behalf of the IFTP holder. Only persons residing in the
United States are eligible to apply for the IFTP. A resident agent of a
nonresident corporation (see 19 CFR 141.18) may apply for an IFTP.
* * * * *
0
10. In Sec. 300.323, revise paragraph (a) to read as follows:
Sec. 300.323 Reporting and recordkeeping requirements.
(a) Reporting. Any person who imports, exports, or re-exports fish
or fish products regulated under this subpart must file all data sets,
reports, and documentation as required under the AMLR program, HMS ITP,
TTVP and SIMP, and under other regulations that adopt by reference the
requirements of this subpart. For imports, specific instructions for
electronic filing are found in Customs and Trade Automated Interface
Requirements (CATAIR) appendix PGA (https://www.cbp.gov/document/guidance/appendix-pga). For exports, specific instructions for
electronic filing are found in Automated Export System Trade Interface
Requirements (AESTIR) appendix Q (https://www.cbp.gov/document/guidance/aestir-draft-appendix-q-pga-record-formats). For fish and fish
products regulated under this subpart, an ACE entry filing or AES
export filing, as applicable, is required, except in cases where CBP
provides alternate means of collecting NMFS-required data and/or
document images.
* * * * *
0
11. Add subpart S, consisting of Sec. Sec. 300.350 through 300.355, to
read as follows:
Subpart S--Certification of Admissibility
Sec.
300.350 Purpose and scope.
300.351 Definitions.
300.352 International Fisheries Trade Permit requirement.
300.353 Certification of Admissibility procedures.
300.354 Recordkeeping and inspections.
300.355 Prohibitions.
Authority: 16 U.S.C. 971 et seq., 16 U.S.C. 1371 et seq., 16
U.S.C. 1826j and 1826k.
Subpart S--Certification of Admissibility
Sec. 300.350 Purpose and scope.
The regulations in this subpart are issued under the authority of
the Marine Mammal Protection Act (MMPA), the High Seas Driftnet Fishing
Moratorium Protection Act (Moratorium Protection Act), and the Atlantic
Tunas Convention Act (ATCA). This subpart implements the applicable
requirements for Certification of Admissibility (COA) of fish and fish
products otherwise subject to import prohibitions under the relevant
statutory authority. The requirements in this subpart may be adopted by
reference in other regulations under this title.
Sec. 300.351 Definitions.
Automated Commercial Environment (ACE) means, for purposes of this
subpart, the single window portal through which import shipment data
required by multiple partner government agencies is filed
electronically with the U.S. Customs and Border Protection (CBP) to
determine product admissibility.
Certification of Admissibility (COA) means the attestation that the
fish or fish products offered for entry into the United States are not
subject to any import prohibitions issued pursuant to 50 CFR 216.24(h),
300.205, or 635.40. The COA consists of the fish harvest record form
available from NMFS or the comparable form or aggregate catch
documentation, issued by the exporting nation for the purposes of
documenting admissibility under this subpart if NMFS finds that the
provided information satisfies all requirements of this subpart. The
COA also includes the submission of electronic data from that form into
the ACE portal as required under Sec. 300.353(c).
Fish or fish products means the fish species and products
containing those species subject to import prohibitions under 50 CFR
part 216, subpart N of this part, and 50 CFR part 635, subpart D,
[[Page 102099]]
and to which admissibility documentation and reporting requirements
pertain.
Import has the same meaning as in 16 U.S.C. 1802(22). Import
includes, but is not limited to, customs entry for consumption,
withdrawal from customs bonded 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. 300.322.
Sec. 300.352 International Fisheries Trade Permit requirement.
Any person who imports as defined in Sec. 300.321 fish or fish
products for which a COA fish harvest record form is required under 50
CFR 216.24(h), 300.207, or 635.40, must possess a valid International
Fisheries Trade Permit (IFTP) issued under Sec. 300.322.
Sec. 300.353 Certification of Admissibility procedures.
Fish or fish products for which a COA is required under 50 CFR
216.24(h), 300.207, or 635.40 will be denied entry unless the importer
of record files electronically, at the time of, or in advance of
importation, the data sets and documentation required under this
subpart with U.S. Customs and Border Protection (CBP) via the ACE
portal. All such products regardless of value are subject to the
requirements of this subpart, notwithstanding any CBP exemptions. NMFS
may allow entry of such products if the shipments are accompanied by a
COA fish harvest record form or other approved documentation (paragraph
(a) of this section); the importer of record enters required data
(paragraph (c) of this section) via the CBP ACE portal at the time of
entry; and the importer of record uploads a copy of the COA or other
approved form via the ACE portal within 24 hours of release of the
product by CBP (paragraph (d) of this section).
(a) COA fish harvest record form. The COA fish harvest record form
is available from NMFS and must be properly completed and signed by a
duly authorized official of the exporting nation whose fishery is
subject to an import prohibition. The COA fish harvest record form must
also be validated and signed by the importer of record and submitted to
NMFS in a format specified by NMFS. Nations subject to import
prohibitions may use their own form or aggregate catch documentation,
in lieu of the COA fish harvest record form, if NMFS finds that it
satisfies all requirements of this subpart and the COA fish harvest
record form.
(b) COA fish harvest record form information required. The
following data must be included, unless otherwise noted in paragraphs
(b)(1) and (2) of this section, in the COA fish harvest record form, or
other approved form:
(1) For all fish or fish products: Species of fish (Aquatic
Sciences Fishery Information System 3-alpha code as listed at: https://www.fao.org/); Product form(s) at the point of first landing whether
unprocessed or processed prior to landing/delivery; Quantity and/or
weight of the product(s) as landed/delivered (total quantity and/or
weight of the product(s) as landed/delivered may be provided for
aggregate reporting); Location(s) of first landing, transshipment or
delivery; Date(s) of first landing, transshipment or delivery; Name of
entity(ies) (processor, dealer, vessel) to which fish was landed or
delivered; 10-digit codes based on the U.S. Harmonized Tariff Schedule
(HTSUS).
(2) Capture and gear information for wild harvest: Type(s) of
fishing gear used to harvest the fish; Area(s) of wild-capture
location; Flag state of harvesting vessel(s). Vessel information (may
be omitted in aggregate reporting): Name of vessel(s); Evidence of
fishing authorization; Unique vessel identifier(s) (if available).
(3) Aquaculture information: Name(s) of farm or aquaculture
facility; location of aquaculture facility.
(4) The NMFS-issued IFTP number for the importer of record and the
U.S. customs entry number.
(c) COA data required at the time of entry. The importer of record
must electronically file via the ACE portal the documentation and data
from the COA fish harvest record form (or other approved documentation)
at the time of, or in advance of, the import of fish or fish products
as required under this subpart to determine admissibility. Information
entered into the ACE portal must be complete and accurate and must
match exactly the information provided on the COA fish harvest record
form or other approved documentation. Specific instructions on
submitting the required data sets and document images are in the ACE
Implementation Guide for NMFS incorporated in the Appendices to the
Customs and Trade Automated Interface Requirements (CATAIR) appendix
PGA (https://www.cbp.gov/document/guidance/nmfs-pga-message-set-guidelines). An ACE entry filing is required for applicable fish or
fish products regardless of shipment value.
(d) Submission of COA fish harvest record form. Within 24 hours of
the release of the product by CBP, the importer of record must submit a
copy of the COA fish harvest record form, or other approved
documentation, with the U.S. customs entry number noted via the
Document Image System for the ACE portal. Prior to submission, the
importer of record must validate that the contents of the shipment were
accurately described on the COA fish harvest record form and all
relevant parties (including the importer of record) have signed the
form as per this subpart. Additional data reporting requirements under
other U.S. laws or regulations may apply to the particular fish or fish
product offered for entry.
Sec. 300.354 Recordkeeping and inspections.
Import shipments of fish or fish products subject to this subpart
may be selected for inspection and/or the information or records
supporting entry may be selected for inspection, on a pre- or post-
release basis, in order to verify the information submitted at entry.
To support such inspections, the importer of record must retain records
of the information reported at entry under Sec. 300.353 in electronic
or paper-format and make them available for inspection at the
importer's place of business or submit them to NMFS upon request, for a
period of 2 years from the date of the import.
Sec. 300.355 Prohibitions.
In addition to the prohibitions specified in 50 CFR 216.12(d),
300.4, 300.325, and 635.71, it is unlawful for any person subject to
the jurisdiction of the United States to:
(a) Violate any provision of this subpart, or the conditions of any
IFTP issued under this part;
(b) Import fish or fish products subject to restrictions and
documentation requirements under 50 CFR part 216 or subpart N of this
part or 50 CFR part 635, subpart D, without a valid IFTP issued under
Sec. 300.322 or without submitting complete and accurate information
and documentation that are required under this subpart and applicable
to the fish or fish products offered for entry.
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
12. The authority citation for part 635 continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
0
13. In Sec. 635.40, revise paragraph (b) to read as follows:
[[Page 102100]]
Sec. 635.40 Restrictions to enhance conservation.
* * * * *
(b) Proof of admissibility. For the purposes of paragraph (a) of
this section and section 971d(6)(a) of ATCA, a shipment of fish in any
form of the species under regulation or under investigation by ICCAT
offered for entry, directly or indirectly, from a country named in a
finding filed with the Office of the Federal Register for publication
under paragraph (a) of this section is eligible for entry if the
shipment is accompanied by Certification of Admissibility (COA) fish
harvest record form pursuant to the procedures and requirements
specified in 50 CFR part 300, subpart S, certifying that the fish in
the shipment:
(1) Are not of the species specified in the finding;
(2) Are of the species named in the finding, but were not taken in
the regulatory area; or
(3) Are of the species named in the finding but are products of an
American fishery and were lawfully taken in conformity with applicable
conservation laws and regulations and landed in the country named in
the finding solely for transshipment.
* * * * *
[FR Doc. 2024-29238 Filed 12-16-24; 8:45 am]
BILLING CODE 3510-22-P