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DOC/NOAA RIN: 0648-BK86 Publication ID: Spring 2022 
Title: Seafood Import Procedures and Certification of Admissibility 

NMFS proposes amendments to regulations implementing seafood import restrictions that may be imposed under the authority of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d-k), the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.) or the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). These statutes have provisions that authorize the Agency to impose import restrictions against nations or its flag vessels for fish products that are unlawfully or unsustainably acquired, including those that are harvested by fishing methods that have bycatch of protected living marine resources in excess of United States standards.  The statutes allow for imposition of trade measures against specific fisheries or specific vessels as well as those applied to the nation as a whole.  In such cases of targeted import restrictions, NMFS requires Certification of Admissibility whereby exporting government officials must validate that individual seafood shipments are not subject to an embargo. In application of the Certification of Admissibility program to date, NMFS has observed a number of enforcement concerns.  To facilitate enforcement and ensure that exporters and importers do not circumvent lawfully applied trade restrictions, NMFS is amending the import permitting requirements, the reporting and recordkeeping requirements, and entry filing requirements.  In addition, NMFS proposes to include provisions to revoke the Certification of Admissibility if exporting nation officials do not exercise due diligence in documenting the origin of fishery products shipped to the United States. 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 the documents (commercial invoices, bills of lading) are already completed, transmitted through the supply chain, and available to importers.  The documents will be submitted electronically via the U.S. Customs Automated Commercial Environment as part of the normal entry filing.  Additionally, foreign exporters may be affected by embargoes applied to more fish products, but this would be due to action or inaction by government officials in the exporting nation who are not properly certifying the origin of fishery products.

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 216    50 CFR 300   
Legal Authority: 16 U.S.C. 1361 et seq.    16 U.S.C. 1801 et seq.    16 U.S.C. 1826d    16 U.S.C. 1826e    16 U.S.C. 1826f    16 U.S.C. 1826g    16 U.S.C. 1826h    16 U.S.C. 1826i    16 U.S.C. 1826j    16 U.S.C. 1826k   
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