Proposed Rule2022-15865
Seafood Import Procedures and Certification of Admissibility
Primary source
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Published
July 25, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS intends to revise regulations concerning the Certification of Admissibility (COA) program used to allow entry of certain fish or fish products otherwise subject to trade restrictions. Specifically, NMFS is considering automating the submission of COA information through use of the Automated Commercial Environment (ACE) managed by U.S. Customs and Border Protection (CBP). Such automated processing may require the submission of additional data elements. Prior to drafting a proposed rule, NMFS is issuing this advance notice of proposed rulemaking requesting input from stakeholders and interested parties on the reporting and recordkeeping burden of the certification of admissibility, on the procedures for using certification in the entry filing process, and on ways to reduce the reporting burden and expedite release of admissible shipments through use of the ACE single window portal. Based on comments received and NMFS' overall assessment of concerns raised, NMFS will consider these concerns in developing the proposed rule to revise and automate the submission of COA information.
Full Text
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<title>Federal Register, Volume 87 Issue 141 (Monday, July 25, 2022)</title>
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[Federal Register Volume 87, Number 141 (Monday, July 25, 2022)]
[Proposed Rules]
[Pages 44078-44080]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15865]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 216 and 300
[Docket No. 220720-0158]
RIN 0648-BK86
Seafood Import Procedures and Certification of Admissibility
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking; request for comments.
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SUMMARY: NMFS intends to revise regulations concerning the
Certification of Admissibility (COA) program used to allow entry of
certain fish or fish products otherwise subject to trade restrictions.
Specifically, NMFS is considering automating the submission of COA
information through use of the Automated Commercial Environment (ACE)
managed by U.S. Customs and Border Protection (CBP). Such automated
processing may require the submission of additional data elements.
Prior to drafting a proposed rule, NMFS is issuing this advance notice
of proposed rulemaking requesting input from stakeholders and
interested parties on the reporting and recordkeeping burden of the
certification of admissibility, on the procedures for using
certification in the entry filing process, and on ways to reduce the
reporting burden and expedite release of admissible shipments through
use of the ACE single window portal. Based on comments received and
NMFS' overall assessment of concerns raised, NMFS will consider these
concerns in developing the proposed rule to revise and automate the
submission of COA information.
DATES: Written comments must be received on or before August 24, 2022.
ADDRESSES: Written comments on this action, identified by NOAA-NMFS-
[[Page 44079]]
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 Christopher Rogers, 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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 expected to be
addressed in the proposed rule may be submitted to the Office of
International Affairs, Trade, and Commerce.
FOR FURTHER INFORMATION CONTACT: Christopher Rogers, Office of
International Affairs, Trade, and Commerce, National Marine Fisheries
Service (phone: 301-427-8350; or email: <a href="/cdn-cgi/l/email-protection#a6c5ced4cfd5d2c9d6cec3d488d4c9c1c3d4d5e6c8c9c7c788c1c9d0"><span class="__cf_email__" data-cfemail="bdded5cfd4cec9d2cdd5d8cf93cfd2dad8cfcefdd3d2dcdc93dad2cb">[email protected]</span></a>).
SUPPLEMENTARY INFORMATION:
Background
NMFS is developing a proposed rule to revise regulations concerning
the Certification of Admissibility (COA) used to allow entry of fish or
fish products that are otherwise subject to trade restrictions. These
program revisions will include automated entry filing of information
required to establish admissibility of the shipment. As noted in the
``specific questions'' below, currently, NMFS uses paper format COAs
that require signatures.
Several statutes, including the Marine Mammal Protection Act (MMPA)
and the High Seas Driftnet Fishing Moratorium Protection Act
(Moratorium Protection Act), contain provisions that authorize
imposition of trade restrictions on certain fish products depending on
the conditions of harvest or production. While NMFS has authority under
MMPA and Moratorium Protection Act implementing regulations to impose
trade restrictions to target problematic activity, the regulations also
allow for entry of some fish and fish products harvested from fishing
activity that is not a source of concern.
For example, under the MMPA, fisheries that export to the United
States must have marine mammal bycatch mitigation measures comparable
in effectiveness to those required in U.S. fisheries (see 16 U.S.C.
1371(a)(2) and 50 CFR 216.24(h)). NMFS makes comparability findings on
the basis of individual commercial fishing technologies/methods. In
this manner, a nation harvesting tuna in a hook-and-line fishery with
minimal interactions with marine mammals may receive a comparability
finding for that fishery, but might not receive such a finding for a
gillnet fishery that causes serious injury and/or mortality to marine
mammals in excess of U.S. standards.
In such a case, tuna from the hook-and-line fishery of that nation
would be admissible but tuna from the gillnet fishery would be
prohibited. NMFS would specify to CBP that tuna from the nation is
prohibited by listing the harmonized tariff schedule (HTS) codes
applicable to the restricted fish product and the country of origin
applicable to the restriction. Entries filed with the specified
combination (HTS x country) would be rejected in the CBP Automated
Commercial Environment (ACE). However, if the exporter provides to the
U.S. importer a COA validated by officials of the harvesting nation to
document that the tuna was harvested in the hook fishery, the importer
can file that information in ACE to gain entry (see: 50 CFR
216.24(h)(9)(iii)).
Similarly, the Moratorium Protection Act contains provisions to
negatively certify nations for problematic activity in their fisheries
(e.g., illegal, unreported or unregulated fishing; excessive bycatch of
protected species; unsustainable fishing for sharks) (see: 16 U.S.C.
1826j, 1826k and 50 CFR 300.202, 203, 204). Negatively certified
nations are subject to trade restrictions for products harvested in the
fisheries of concern. However, the statute authorizes alternative
procedures to exclude fish and fish products by allowing entry on a
shipment by shipment or vessel specific basis (see: 16 U.S.C.
1826j(d)(2), 16 U.S.C. 1826k(c)(4) and 50 CFR 300.207, 208, 209). In
the case of trade restrictions, NMFS would notify CBP of the applicable
HTS codes and country of origin, but note that the importer could
submit a COA validated by the exporting nation to document that the
fish was not harvested in the fishery or by the vessel subject to trade
restrictions (see 50 CFR 300.207, 208, 209).
To date, NMFS has applied a COA requirement in one situation. Under
MMPA authority, certain fishery products from Mexico that were
harvested by specified fishing gear in the Upper Gulf of California are
subject to trade restrictions (see 85 FR 13626, March 9, 2020).
However, those 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. See this NMFS website for detailed information on
the current trade restrictions and provisions for use of the COA to
file entries: <a href="https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions">https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions</a>.
NMFS intends to revise the MMPA and Moratorium Protection Act
regulations to automate the submission of COAs. This would continue to
facilitate enforcement of trade restrictions while also reducing the
reporting and record keeping burden on the trade community. To this
end, 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 products harvested by and/or exported from specific
nations. NMFS would also specify when those products may be entered
with a COA documenting that the fish products were harvested by a
method or in a location not subject to the specified trade restriction.
In some instances, this will require additional information from the
foreign exporter that would be filed in ACE by the U.S. importer (e.g.,
fishing area and fishing gear).
NMFS seeks 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 comment 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.
[[Page 44080]]
Specific questions for which NMFS seeks include:
What are the relative differences in time and cost burden of
reporting an entry that requires a COA in paper format (document image
submission) relative to electronic filing of a message set that
includes COA data elements? What is the impact on entry filing if the
COA process is automated in ACE?
What supporting documents are available to importers and could be
submitted through ACE at entry filing to validate information from the
COA (e.g., shipping manifest, commercial invoice)?
Currently, the COA regulations require a signature of the importer
of record attesting to the contents of the shipment relative to the
description of fish provided by the foreign nation exporter. This
attestation can only be made post-release so a corrected entry summary
is required to resubmit the COA image file with the importer signature
via the ACE Document Image System (DIS). What are the cost and time
burdens associated with the corrected entry summary? Are there other
more efficient means by which NMFS can collect the importer
attestation?
What is the time frame needed for software development and testing
prior to implementing automated entry processes for products that could
be admitted when filed with a COA message set or COA image files? What
is the scope of programming requirements for customs brokers so that
new COA entry filing software is not needed for each specific trade
restriction that might be imposed (i.e., adjustment for a new
restriction defined by HTS code + exporting nation)?
Should NMFS seek to develop an electronic version of the COA so
that a foreign exporter could enter the required information online in
a NMFS system and the U.S. importer could gain secure access to the
individual shipment information for the purposes of transferring that
information to ACE via the entry filing process?
NMFS is also interested in any additional comments or suggestions
for improving the implementation of the Certification of Admissibility
provisions pursuant to regulations issued under 50 CFR parts 216 and
300.
Classification
This advance notice of proposed rulemaking has been determined to
be not significant for purposes of Executive Order 12866.
Authority: 16 U.S.C. 1372(a)(2); 16 U.S.C. 1826j(d)(2); 16
U.S.C. 1826k(c)(4).
Dated: July 20, 2022.
Kimberly Damon-Randall,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2022-15865 Filed 7-22-22; 8:45 am]
BILLING CODE 3510-22-P
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