View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOC/NOAA RIN: 0648-BK85 Publication ID: Spring 2022 
Title: Seafood Import Permitting and Reporting Procedures 

NMFS proposes amendments to regulations that require seafood import documentation under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). The statute prohibits the importation of seafood that was harvested in violation of foreign laws, any treaty, or binding conservation measures of regional fisheries organizations to which the United States is a party. The import permitting, reporting and recordkeeping regulations facilitate enforcement of the statutory prohibition. To ensure compliance with the import monitoring program, NMFS proposes to clarify what qualifies as the U.S. resident business address of the International Fisheries Trade Permit holder and the permit holder's obligation to ensure timely access to and production of the required supply chain records in the event of an audit. Further, the responsibilities of International Fisheries Trade Permit holders will be defined to clarify the role of the permit holder as the importer of record and to specify when and how the permit can be used and by whom. Finally, NMFS would revise the requirements for the permit holder to update details pertaining to the identification of the permit holder's responsible party and contact information. NMFS is considering the inclusion of additional species under the program, such as expanding currently listed single-species to species groups and adding new species. Additionally, NMFS proposes to clarify certain reporting requirements to ensure compliance and consistency of the information provided. U.S. seafood importers are likely to be affected by this rulemaking through increased reporting and recordkeeping requirements, but the magnitude of economic impact will be small because documentation is already completed, transmitted through the supply chain, and available to importers. The importer’s permit status will be verified electronically via the U.S. Customs Automated Commercial Environment as part of the normal entry filing. With the proposed revisions, supply chain records to support import audits could be stored, retrieved and submitted to NMFS electronically, thereby reducing the burden on NMFS and the trade community. Previous program implementation occurred without significant disruption to the trade community for the species currently subject to program requirements. Now that it has been in place for several years, expansion of the program to include additional species is not expected to create any significant new disruption or burden for the trade community. Certain candidate species, e.g., shellfish, have traceability requirements associated with imports through other agencies, and thus their inclusion in the program would not likely incur additional burden on the trade community.

Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 300   
Legal Authority: 16 U.S.C. 1801 et seq.   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
Agency Contact:
Alexa Cole
Director, Office of International Affairs and Seafood Inspection
Department of Commerce
National Oceanic and Atmospheric Administration
1315 East-West Highway,
Silver Spring, MD 20910
Phone:301 427-8286