Seafood Import Procedures and Certification of Admissibility, 102091-102100 [2024-29238]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[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