Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 101501 

If you have any comments on the 

burden estimates listed below, or how 

the Commission can improve the 

collections and reduce any burdens 

cause thereby, please contact Nicole 

Ongele, Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554. Please include 

OMB Control Number, 3060–0484, in 

your correspondence. The Commission 

will also accept your comments via 

email at PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received final OMB approval on 

November 5, 2024, for the information 

collection requirements contained in the 

modifications to the Commission’s rules 

in 47 CFR part 4. 

Under 5 CFR part 1320, an agency 

may not conduct or sponsor a collection 

of information unless it displays a 

current, valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–0484. 

The foregoing notification is required 

by the Paperwork Reduction Act of 

1995, Public Law 104–13, October 1, 

1995, and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–0484. 

OMB Approval Date: November 5, 

2024. 

OMB Expiration Date: November 30, 

2027. 

Title: Part 4 of the Commission’s 

Rules Concerning Disruptions to 

Communications. 

Form Number: N/A. 

Respondents: Business or other forprofit; Not-for-profit institutions; State, 

Local or Tribal Government. 

Number of Respondents and 

Responses: 3,224 respondents; 201,848 

responses. 

Estimated Time per Response: 1 

hour–2 hours (average per response). 

Frequency of Response: On occasion 

and Annual Reporting Requirements 

and Recordkeeping Requirement. 

Obligation to Respond: Mandatory 

and Voluntary. The statutory authority 

for this information collection is 

contained in sections in sections 1, 4(i), 

4(j), 4(n), 4(o), 201(b), 214, 218, 

251(e)(3), 251(e)(4), 254, 301, 303(b), 

303(g), 303(r), 307, 309(a), 309(j), 316, 

332, and 403 of the Communications 

Act of 1934, as amended, and section 

706 of the Telecommunications Act of 

1996, 47 U.S.C. 151, 154(i)–(j), (n), & (o), 

201(b), 214, 218, 251(e)(3), 251(e)(4), 

254, 301, 303(b), 303(g), 303(r), 307, 

309(a), 332, 403, 615, 615a–1, and 1302. 

Total Annual Burden: 398,319 hours. 

Total Annual Cost: No Cost. 

Needs and Uses: Through this 

information collection, data received 

facilitates the Commission’s monitoring, 

analysis, and investigation of the 

reliability and security of voice, paging, 

and interconnected voice over internet 

protocol communications services. Data 

received through this information 

collection also helps the Commission 

identify and act on potential threats to 

our Nation’s telecommunications 

infrastructure. Moreover, the 

Commission uses this information 

collection to identify the duration, 

magnitude, root causes, contributing 

factors with respect to significant 

outages; and to identify outage trends; 

support service restoration efforts; and 

help coordinate with public safety 

officials during times of crisis. The 

Commission uses the information 

collection to draw lessons learned in 

order to foster a better understanding of 

significant outages’ root causes, and to 

explore preventive measures in the 

future so as to mitigate the potential 

scale and impact of such outages. 

Harmonizing the existing notification 

requirements for covered 911 service 

providers and originating service 

providers (OSPs) will simplify 

compliance for providers and reduce 

confusion for 911 special facilities. 

Among other harmonization 

requirements, the initial notification 

requirements are intended to provide 

preliminary notice of a potential 

problem to a 911 special facility so that 

the 911 special facility can, as quickly 

as possible, mitigate the impacts of the 

outage, and alert the public to 

alternative means of emergency 

services. 

The new requirement that covered 

988 service providers and OSPs notify 

988 special facilities about outages that 

potentially affect them serves these 

same purposes with respect to the 

availability of the 988 Lifeline, 

including providing notice to the 

Substance Abuse and Mental Health 

Services Administration, the Veterans 

Affairs Administration, and the 988 

Lifeline administrator when an outage 

that potentially affects a 988 special 

facility occurs. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2024–29154 Filed 12–13–24; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 260 

[241206–0315] 

RIN 0648–BH37 

Inspection and Certification of 

Establishments, Fishery Products, and 

Other Marine Ingredients 

AGENCY: National Marine Fisheries 

Service (NMFS or Agency), National 

Oceanic and Atmospheric 

Administration (NOAA), Commerce. 

ACTION: Final rule. 

SUMMARY: The NMFS Office of 

International Affairs, Trade, and 

Commerce is revising its current 

implementing regulations to improve 

the uniformity and reliability of seafood 

inspection services by adopting 

recognized best practices for inspection. 

NMFS has not significantly revised or 

updated the existing regulations since 

first issuing them in 1971, though it has 

modified many operating procedures 

since implementation of the current 

regulations. NMFS anticipates that these 

revisions will benefit the seafood 

industry by streamlining seafood 

inspection services and providing 

improved, more accurate inspection 

results. 

DATES: This final rule is effective 

January 15, 2025. 

ADDRESSES: Public comments and 

materials received and used in the 

preparation of this final rule are 

available online at https://

www.regulations.gov in docket number 

NOAA–NMFS–2024–0061. In case of 

problems accessing these documents, 

please use the contact listed here (see 

FOR FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Melissa Beaudry, Senior Consumer 

Safety Officer, Seafood Inspection 

Program, National Marine Fisheries 

Service Office of International Affairs, 

Trade, and Commerce by email at 

Melissa.Beaudry@noaa.gov or by phone 

at 301–427–8308. 

SUPPLEMENTARY INFORMATION: 


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Background 

Under the authority of the 

Agricultural Marketing Act (AMA) of 

1946 (7 U.S.C. 1621 et seq.), and in 

accordance with the Reorganization 

Plan Number 4 of 1970 (84 Stat. 2090), 

NOAA administers a voluntary Seafood 

Inspection Program (SIP or Program) 

which offers inspection and grading 

services for seafood and other marine 

products, as well as audit and 

consultative services to domestic and 

international processors, importers, and 

international competent food safety 

authorities. SIP also authorizes the use 

of certain marks and shields to 

processors meeting specific safety, 

quality, and other program 

requirements. The existing regulations 

codified at 50 CFR part 260 have not 

been significantly revised or updated 

since NMFS first issued them in 1971, 

36 FR 21037 (November 3, 1971), and 

currently do not reflect the changes in 

industry practices or the expanding role 

of SIP since that time. NMFS published 

a notice of proposed rulemaking (89 FR 

31690, April 25, 2024) and requested 

comments for 30 days. SIP received six 

public comments during the 30-day 

comment period. We reviewed and 

considered all comments received in 

development of this final rule. All 

substantive comments received on the 

proposed rule are addressed in this final 

rule in the Comments and Responses 

section. 

Comments and Responses 

We published the proposed rule in 

the Federal Register on April 25, 2024 

(89 FR 31690), with a 30-day comment 

period. During the 30-day comment 

period, we received six comment 

submissions. The comments received 

were from stakeholders and interested 

parties on focused areas of the Seafood 

Inspection Program. NMFS appreciates 

the thoughtful comments representing a 

diverse set of views and has considered 

them thoroughly. The comments 

generally expressed support of the 

action by the NMFS Office of 

International Affairs, Trade, and 

Commerce to revise its current 

implementing regulations to improve 

the uniformity and reliability of seafood 

inspection services by adopting 

recognized best practices for inspection. 

There was general support by 

commenters for the intent to modernize 

and move language from regulation to 

the online SIP Manual. There was also 

general support for simplifying the 

administrative, inspection, and 

certification procedures, updating and 

consolidating grade standards wherever 

possible, and SIP’s effort to improve the 

uniformity and reliability of seafood 

inspections services. Our responses to 

all comments that are pertinent to this 

action are described below. 

Comment 1: Some commentators 

recommended that periods of public 

comment be longer than 30 days, and 

that NMFS should give all operational 

alterations, including ones such as this 

proposed rule, at least nine weeks of 

industry consideration. There was also 

a request for industry-facing seminars/ 

informational sessions, as well as 

consideration for seasonal timing 

impacts and that all change actions 

allow for industry dialogue and 

participation going forward. 

Response: A 30-day comment period 

is generally considered by courts to be 

sufficient to allow for meaningful public 

participation pursuant to the 

Administrative Procedure Act. Longer 

comment periods may be necessary 

where a rule is technically complex or 

lengthy. However, as the proposed rule 

codified NMFS’s current practices and 

did not make any changes to NMFS’s 

operation, a longer comment period was 

not necessary. NMFS does agree that 

before implementing any changes to 

policy that will affect how industry 

operates or responds, they will notify 

industry and engage in dialogue to 

ensure all parties understand the 

changes and have sufficient time to 

implement any changes required. 

Comment 2: One commenter asked 

NMFS to focus on Gulf shrimp and raise 

tariffs against Thai shrimp. 

Response: The authority to raise 

tariffs against any country or product is 

outside the scope and regulatory 

authority of the NMFS SIP. 

Comment 3: One commenter asked 

whether NMFS conferred with FDA 

(U.S. Food and Drug Administration) 

regarding definitions of ‘‘fish’’, ‘‘fishery 

product’’, ‘‘inspection service’’, 

‘‘product’’, ‘‘wholesome.’’ Similarly, 

another commenter recommended 

examination of the final definitions for 

clarity, as well as the inclusion of 

sourcing for each new definition 

implemented in the event industry 

needs additional guidance. 

Response: NMFS confirms that the 

FDA reviewed and provided feedback 

on the proposed rule prior to 

publication. The definitions used in the 

proposed rule are also in alignment with 

the definitions in current regulations, 

both under 50 CFR part 260 and 21 CFR 

parts 123 and 117. In the proposed rule, 

the definition for ‘‘fish’’ was revised 

from ‘‘. . . other than birds or 

mammals, and all mollusks, . . .’’ to 

‘‘. . . other than birds or mammals, and 

including all mollusks, . . .’’ to help 

clarify that all mollusks are defined as 

fish, which has been a source of 

confusion since the HACCP regulations 

in 21 CFR part 123 were implemented. 

The definition of fish was also 

expanded to include ‘‘other non-food 

uses.’’ These definitions remain 

unchanged in the final rule. NMFS 

disagrees with the need to source 

definitions, as the terms defined here 

pertain specifically to use within this 

regulation and source definitions to the 

use of these terms in other contexts 

would not provide accurate guidance to 

industry. 

Comment 4: One commenter noted 

that some definitions refer to ‘‘animal’’ 

consumption (fish, inspection services) 

and others do not include ‘‘animal 

consumption’’ (fishery product, 

product, wholesome). 

Response: The inclusion of ‘‘animal’’ 

or ‘‘animal consumption’’ in definitions 

varies based on the end use of the 

product. The definitions for ‘‘fish’’ and 

‘‘inspection services’’ identify that the 

end use of the product could be for 

consumption other than as human food. 

NMFS inspects and certifies a variety of 

non-human food fishery products, 

whether they be for animal feed, use in 

making animal food, or other industrial 

uses. The terms ‘‘fishery product’’ and 

‘‘wholesome’’ refer specifically to the 

end use being for human consumption. 

The definition for ‘‘product’’ does not 

include the word ‘‘animal’’, but conveys 

that end use with the phrase ‘‘whether 

or not destined for human 

consumption’’. 

Comment 5: Several commenters 

asked how NMFS will notify industry of 

changes to the online manual. For 

example, one commenter suggested 

highlighting or striking out changes, or 

listing date(s) of revisions on each title 

page for transparency. Another 

commenter suggested that SIP establish 

a method of providing a summary of any 

modifications to the NMFS Fishery 

Products Inspection Manual (SIP 

Manual or Manual) so stakeholders are 

aware of and can locate the changes. A 

third commenter recommended a 

regular update period for the Manual, 

wherein industry may expect to review 

potential new Manual language 

annually or biannually, rather than 

needing to react to NMFS actions on 

short timelines when they are 

communicated. Another commenter 

recommended that amendments to the 

Manual or other policy changes be 

marked and displayed in ways that 

make it easy for users to see what is 

changing and how. 

Response: NMFS agrees that changes 

to the online SIP Manual should be 

communicated to the public in a timely 

manner and in a transparent way. 


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However, NMFS declines to adopt the 

suggestion to strike out or highlight 

changes in the Manual as this could 

create confusion and make the Manual 

more difficult to navigate. Additionally, 

restricting updates to only once or twice 

a year would make the online format 

less flexible, undermining NMFS’ goal 

for the Manual to remain current and up 

to date. Therefore, NMFS will continue 

to make updates when needed, but will 

make sure to notify all stakeholders 

and/or staff members when changes are 

made that affect the way in which they 

interact with NMFS SIP. Currently, 

NMFS adds revision dates to chapter 

and section headings when changes 

occur to highlight such updates for 

stakeholders and will continue to assess 

practices which support transparency. 

Comment 6: Several commenters 

noted that moving procedural changes 

into the Manual will make future 

changes easier, but is less transparent 

than the formal rulemaking process and 

can limit the opportunity for 

stakeholder engagement afforded 

through the open comment periods of 

FR notices. Similarly, some 

commentators noted that the move to 

the online Manual has led to confusion 

as to how and when updates take place. 

Response: Proposed changes to NMFS 

SIP policy or operational procedures 

that run counter to current regulations 

will continue to follow the formal 

rulemaking process, including public 

notice and opportunity for comment. 

Changes to NMFS SIP’s day-to-day 

operational procedures or policies that 

do not run counter to current 

regulations may be updated in the 

Manual as needed, with ample notice of 

these changes given to the public. 

Changes such as updates to the SIP fees 

schedule or new Grade Standards, will 

also continue to be published in the 

Federal Register. 

Comment 7: One commenter 

requested that NMFS allow users time 

to make changes to their programs 

before implementing compliance 

actions whenever the Manual is 

updated. 

Response: NMFS agrees that 

whenever the Manual is updated with 

changes required to operational 

procedures, time will be given to 

stakeholders to fully understand and 

implement the changes. NMFS also will 

continue to provide outreach and 

training when changes necessitate a 

more involved response from 

stakeholders. 

Comment 8: One commenter wrote 

that NMFS should hold informational 

sessions for users when making 

revisions so the users can better 

understand the new or revised criteria. 

Response: NMFS agrees that outreach 

is beneficial to both stakeholders and 

SIP when substantial changes to a 

system or procedure are enacted, and 

will continue to engage in such 

activities with stakeholders when 

warranted. 

Comment 9: One commenter wrote 

that NMFS must ensure that latest 

standards and Sensory Quality 

indicators are readily available to users 

so they can meet the criteria. 

Response: NMFS agrees that all 

standards and criteria must be available 

and informed to users prior to their 

implementation, and will continue to 

ensure that happens. The SIP Manual is 

updated in real-time as new 

methodologies and standards are 

developed and employed, and whenever 

clarification is required. Emailed notices 

go out broadly to industry members and 

program participants when these 

changes occur, and all relevant 

standards and criteria are housed in the 

online Manual, which is available to the 

public on the NMFS website at https:// 

www.fisheries.noaa.gov/national/ 

seafood-commerce-certification/ 

seafood-inspection-manual. 

Comment 10: One commenter wrote 

that moving to the proposed ‘‘one size 

fits all’’ sampling plan of six and zero 

is a significant departure from the 

current sampling plans. The proposed 

changes to the sampling plan will not 

have the positive impact for firms who 

currently use a sampling plan with a 

sample size of three or four. A sampling 

plan allowing for more samples and 

specific number of non-conformances 

should still be allowed. Further, 

National Fisheries Institute disagrees 

with the assessment that the proposed 

rule will not have a significant 

economic impact on small entities. The 

proposed sampling plan of six and zero 

will influence inspection and 

destructive sampling costs for many SIP 

participants in a negative way. 

Response: NMFS previously 

experimented with the model sampling 

plan of six and zero (sample size of six 

with zero non-conforming units) and 

found that it did not have the overall 

positive impact expected. Therefore, 

NMFS has decided not to go forward 

with the proposed six and zero 

sampling plan, and will continue to use 

the single and multiple sampling plans 

formerly found in 50 CFR 260.61, which 

are also found in the Manual. NMFS 

also allows the use of other validated 

and internationally recognized sampling 

plans, and participants are encouraged 

to use the sampling plan that works best 

for their situation. 

Comment 11: One commenter 

suggested that NMFS consider changing 

the way we test for Paralytic Shellfish 

Poisoning (PSP). 

Response: The mouse bioassay is the 

current regulatory method for 

determining the presence of PSP and 

other toxins in shellfish in the United 

States, and is recognized 

internationally. Changing the approved 

methodology falls outside the scope of 

NMFS’ regulatory authority. 

Comment 12: Several commenters 

asked how NMFS would cover other 

marine ingredients, such as algae and 

kelp, which are not covered by FDA 

under 21 CFR part 123. 

Response: NMFS, as the U.S. 

Competent Authority for export health 

certification for fishery products for 

human consumption, has for years been 

providing export certification for 

products such as edible algae and kelp 

when requested by stakeholders, in an 

effort to keep trade flowing. This 

expansion of NMFS to non-consumer 

and other marine products is an 

opportunity to facilitate trade for U.S. 

businesses. The inclusion of nonhuman-consumption fish and fishery 

products and other marine ingredients 

to the program allows U.S. businesses to 

compete better with industry members 

from other countries in providing these 

valuable resources to the worldwide 

marketplace. Adding inspection and 

certification services for non-food, byproducts, and other marine ingredients 

in this regulation codifies the ability of 

NMFS to provide services to businesses 

trading in marine products that 

traditionally the FDA and the U.S. 

Department of Agriculture (USDA) Food 

Safety and Inspection Service (FSIS) do 

not provide. 

Comment 13: One commenter wrote 

that NMFS should be more transparent 

with costs and billing invoices and be 

more aware of their impact to industry 

users. Another commenter requested 

further consideration into how the 

payment structure can be adjusted to 

allow industry to better anticipate and 

absorb these costs, as well as 

implementing controls to minimize 

overtime and holiday work by auditors. 

Response: NMFS strives to maintain 

fairness and equity in all billing 

processes. When an inspector travels to 

conduct multiple audits at multiple 

facilities in one geographic location, the 

total travel expenses are divided equally 

among all facilities involved in that trip, 

while the actual audit time per facility 

is charged directly. The regional 

inspection offices manage their 

personnel and duty assignments, and to 

the extent practical, manage working 

hours to avoid overtime and holiday 

work. However, given the nature of the 

industry, inspections often have to take 


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101504 Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 

place on evenings, weekends, and 

holidays due to the constraints of 

specific requests. For example, live 

product that requires inspection and/or 

certification and is harvested and 

shipped on a weekend also requires 

weekend work from an inspector. SIP 

rates are analyzed annually and updated 

as needed to ensure that NMFS recovers 

as nearly as possible the operating 

expenses of the Program, without 

generating a profit. 

Comment 14: Several commenters 

wrote that SIP inspectors and industry 

will need time to adjust to the changes 

in the final rule. Companies will need 

time to make internal changes to their 

documentation and procedures, as well 

as train employees. Commenters further 

noted that NOAA should recognize the 

seasonal contracts for inspection 

services to allow for sufficient timing 

and outreach to these participants. 

Response: Since the proposed rule did 

not make any changes to the way in 

which NMFS SIP currently operates, the 

agency does not believe that an 

adjustment period is necessary. NMFS 

does agree that before implementing any 

changes to policy that will affect how 

industry operates or responds, 

stakeholders will be notified and 

engaged in dialogue to ensure all parties 

understand the changes and have 

sufficient time to implement any 

changes required. 

Comment 15: One commenter wrote 

that NMFS being the only organization 

to provide export health certification 

and grading for other agency purchases 

does not make it a true voluntary 

program if industry wants to distribute 

and market their seafood products in a 

global community. 

Response: NMFS offers services to 

industry that are required as part of 

doing business in the international 

arena, or with the U.S. Government 

Purchasing Programs. Since SIP 

operates as a fee-for-service agency, and 

does not have appropriated funding, it 

is necessary to charge for these services. 

NMFS calculates the rates to recover as 

nearly as possible the operating costs of 

the Program without generating a profit, 

and analyzes and adjusts them annually. 

NMFS does not mandate the inspections 

and certification required from 

importing countries and other U.S. 

Government agencies, but is the 

Competent Authority within the U.S. 

Government to provide inspection and 

export certification for fish and fishery 

products. SIP’s provision of those 

services allows customers to participate 

in international trade and government 

purchase programs only if they choose 

to do so, and at the level they choose to 

participate. NMFS represents the U.S. in 

negotiations with other countries 

regarding their import requirements, 

and works to reduce the inspection and 

certification burdens imposed on U.S. 

exporters. 

Changes From the Proposed Rule 

NMFS made no changes to the 

regulatory text from the proposed rule to 

the final rule. NMFS made one change 

regarding a sampling approach that was 

described in the proposed rule 

preamble. SIP has decided not to go 

forward with the proposed six and zero 

sampling plan, and will continue to use 

the single and multiple sampling plans 

formerly found in 50 CFR 260.61, which 

are also found in the Manual. 

Classification 

This final rule is published under the 

authority of the Agricultural Marketing 

Act of 1946, as amended (7 U.S.C. 1621 

et seq.). The NMFS Assistant 

Administrator has determined that this 

final rule is consistent with the 

provisions of this and other applicable 

laws. 

Executive Order 12866 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866. 

Executive Order 13175 

A Tribal summary impact statement 

under section (5)(b)(2)(B) and section 

(5)(c)(2)(B) of E.O. 13175 was not 

required for this final rule because this 

action does not impose substantial 

direct compliance costs on Indian Tribal 

Governments and this action does not 

preempt Tribal law. A Tribal summary 

impact statement is not required and 

none has been prepared. 

Final 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 (SBA) 

that this final rule would not have a 

significant economic impact on a 

substantial number of small entities. 

The factual basis for the certification 

was published in the proposed rule and 

is not repeated here. No comments were 

received regarding this certification, and 

the initial certification remains 

unchanged. As a result, a final 

regulatory flexibility analysis is not 

required and none has been prepared. 

National Environmental Policy Act 

Under NOAA Administrative Order 

(NAO 216–6A), the promulgation of 

regulations that are administrative, 

financial, legal, technical or procedural 

in nature are categorically excluded 

from the requirement to prepare an 

Environmental Assessment. This final 

rule to update 50 CFR part 260 is 

procedural and administrative in nature, 

in that it merely reflects the actual 

operations of the SIP today. Neither 

fishing activity nor trade in seafood 

products are further restricted relative to 

any existing laws or regulations, either 

foreign or domestic. Given the 

procedural and administrative nature of 

this rulemaking, an Environmental 

Assessment was not required and none 

has been prepared. 

Paperwork Reduction Act 

This final rule does not contain a 

change to a collection of information 

requirement for purposes of the 

Paperwork Reduction Act of 1995. The 

existing collection of information 

requirements would continue to apply 

under the following OMB Control 

Number: 0648–0266, Seafood Inspection 

and Certification Requirements. 

Notwithstanding any other provision of 

the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

List of Subjects in 50 CFR Part 260 

Inspection, Inspection Services, 

Certification, Approved Establishment, 

Sampling, Imports, Exports, Fish and 

Fisheries Products, Marine Ingredients, 

Grade Standards, Marks. 

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 revises 50 CFR part 

260 as follows: 

PART 260—INSPECTION AND 

CERTIFICATION 

Subpart A—Inspection and Certification of 

Establishments, Fishery Products, and 

Other Marine Ingredients 

Sec. 

260.1 Administration of regulations. 

Definitions 

260.2 Terms defined. 

260.3 Designation and use of official 

certificates, memoranda, marks, other 

identifications, and devices for purposes 

of the Agricultural Marketing Act. 

Inspection Service 

260.4 Where inspection service is offered. 

260.5 Who may obtain inspection service. 

260.6 Application for inspection service. 


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260.7 Rejection of application for 

inspection service. 

260.8 Withdrawal of an application for 

inspection service. 

260.9 Disposition of inspected samples. 

260.10 Basis of inspection, grade and 

compliance assessment. 

260.11 Order of inspection service. 

260.12 Financial interest of inspector. 

260.13 Official forms for inspection 

services. 

260.14 Issuance of certificates. 

260.15 Issuance of corrected certificates. 

260.16 Issuance of an inspection report in 

lieu of an inspection certificate. 

260.17 Retention and provision of 

inspection certificates. 

260.18 Report of inspection results prior to 

issuance of formal report. 

Appeal Service 

260.19 Requesting an appeal. 

260.20 Withdrawing an appeal application. 

260.21 Declining an appeal application. 

260.22 Appeal inspector selection protocol. 

260.23 Appeal documentation. 

Licensing of Inspectors and Samplers 

260.24 Inspectors. 

260.25 Licensed sampler. 

260.26 Suspension or revocation of licensed 

inspector or licensed sampler. 

260.27 Surrender of license. 

Sampling 

260.28 Sampling plans and procedures. 

260.29 Shipment of samples. 

Fees and Charges 

260.30 Inspection fees, payment guarantees, 

charges and payments. 

Requirements for Approved Establishments 

260.31 Application for SIP Approved 

Establishment. 

260.32 Requirements for the provision of 

Inspection Services for Approved 

Establishments. 

260.33 Compliance with statutory and 

regulatory requirements. 

Miscellaneous 

260.34 Policies and procedures. 

260.35 Approved marks, shields, stamps 

and official statements. 

260.36 Revocation of approval to use 

inspection marks and statements. 

260.37 Compliance with other laws. 

260.38 Identification. 

260.39 Debarment and suspension. 

Authority: Sec. 6, 70 Stat. 1122, 16 U.S.C. 

742e; secs. 203, 205, 60 Stat. 1087, 1090 as 

amended; 7 U.S.C. 1622, 1624; 

Reorganization Plan No. 4 of 1970 (84 Stat. 

2090). 

Subpart A—Inspection and 

Certification of Establishments, 

Fishery Products, and Other Marine 

Ingredients 

§ 260.1 Administration of regulations. 

The Secretary of the Department of 

Commerce is charged by the 

Agricultural Marketing Act of 1946 with 

the administration of the regulations in 

this part, except that they may delegate 

any or all of such functions to any 

officer or employee of the National 

Marine Fisheries Service (the Agency) of 

the Department at their discretion. 

Definitions 

§ 260.2 Terms defined. 

Words in the regulations in this part 

in the singular form shall be deemed to 

import the plural and vice versa, as the 

case may demand. For the purposes of 

the regulations in this part, unless the 

context otherwise requires, the 

following terms shall have the following 

meanings: 

Acceptance number means the 

number in a sampling plan that 

indicates the maximum number of 

nonconformities permitted in a sample 

of a lot that meets a specific 

requirement. 

Act means the applicable provisions 

of the Agricultural Marketing Act of 

1946 (60 Stat. 1087 et seq., as amended; 

7 U.S.C. 1621 et seq.) or any other act 

of Congress conferring like authority. 

Administrator means the 

Administrator of NOAA (Under 

Secretary of Commerce for Oceans and 

Atmosphere) or a designee. 

Agency means the National Marine 

Fisheries Service, National Oceanic and 

Atmospheric Administration, 

Department of Commerce. 

Applicant means any interested party 

who requests inspection service under 

the regulations in this part. 

Approved Establishment means an 

establishment which has been approved 

by the Agency pursuant to this Part and 

the NMFS Fishery Products Inspection 

Manual (SIP Manual) and utilizes 

inspection service on a contract basis. 

Certificate of loading means an 

official certificate or document that 

makes a statement relative to checkloading of a fish or fishery product or 

other marine ingredient subsequent to 

inspection thereof issued pursuant to 

the regulations in this part. 

Certificate of sampling means an 

official certificate or document that 

makes a statement pursuant to the 

regulations in this part identifying 

officially drawn samples and may 

include a description of the condition of 

containers and the condition under 

which the fish or fishery product or 

other marine ingredient is stored. 

Class means a grade or rank of 

quality. 

Condition means the degree of 

soundness of the product that may affect 

its merchantability and includes but is 

not limited to those factors that are 

subject to change due to age, improper 

preparation and processing, improper 

packaging, improper storage, or 

improper handling. 

Cross-Licensed Inspector means a 

qualified person employed and licensed 

by the agency to perform specified 

inspection services under a joint 

Federal-State inspection service 

arrangement. 

Department means the U.S. 

Department of Commerce. 

Director means the Assistant 

Administrator for Fisheries, NOAA, or a 

designee. 

Establishment means the premises, 

buildings, structures, facilities, and 

equipment (including machines, 

utensils, fixtures and transit vehicles) 

used with respect to the receipt, 

processing and transport of fish and 

fishery products and other marine 

ingredients. 

Fish means a fresh or saltwater 

finfish, crustaceans, other forms of 

aquatic animal life (including, but not 

limited to, alligator, frog, aquatic turtle, 

jellyfish, sea cucumber, and sea urchin 

and the roe of such animals) other than 

birds or mammals, and including all 

mollusks, where such animal life is 

intended for human or animal 

consumption or for other non-food uses. 

Fishery product means any human 

food product in which fish is a 

characterizing ingredient. 

Inspection certificate means a 

statement, either written or printed, 

issued pursuant to the regulations in 

this part, setting forth the quality and 

condition of the product, or any part 

thereof, in addition to appropriate 

descriptive information relative to a 

fish, fishery product, or other marine 

ingredient, and the container thereof. It 

may also include a description of the 

conditions under which the product is 

stored. 

Inspection service means: 

(1) The performance of sampling 

pursuant to the regulations in this part; 

(2) The determination pursuant to the 

regulations and requirements in this 

part: 

(i) Assessing compliance with 

statutory and regulatory requirements 

pertaining to the interstate commerce of 

fish and fishery products or other 

marine ingredients for human or animal 

food; 

(ii) Identifying the essential 

characteristics such as style, type, size, 

or identity of any fish or fishery product 

or other marine ingredient; or 

(iii) Assessing the class, quality, and 

condition of any fish or fishery product 

or other marine ingredient, including 

the condition of the container thereof by 

the examination of appropriate samples; 

(3) The issuance of any certificates of 

sampling, inspection certificates, or 


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certificates of loading of a fish or fishery 

product or other marine ingredient, or 

any report relative to any of the 

foregoing; or 

(4) The performance by an inspector 

of any related services, such as: 

(i) Observing the preparation of the 

product from its raw state through each 

step in the entire process; 

(ii) Observing the conditions under 

which the product is being harvested, 

prepared, handled, stored, processed, 

packed, preserved, transported, or held; 

(iii) Observing the sanitation 

conditions as a prerequisite to the 

inspection of the processed product, 

either on a contract basis or periodic 

basis; 

(iv) Check-loading the inspected 

processed product in connection with 

the marketing of the product; or 

(v) Conducting any other type of 

service of a consultative or advisory 

nature related herewith as outlined in 

the NMFS Fishery Products Inspection 

Manual. Inspector means any employee 

of the Department authorized by the 

Secretary or any other person licensed 

by the Secretary to investigate, sample, 

inspect, and certify in accordance with 

the regulations in this part to any 

interested party the class, quality and 

condition of processed products covered 

in this part and to perform related 

duties in connection with the inspection 

service. 

Interested party means any person 

who has a financial interest in the fish 

or fishery product or other marine 

ingredient involved. 

Licensed sampler means any person 

who is authorized by the Secretary to 

draw samples of fish and fishery 

products or other marine ingredients for 

inspection service, to confirm the 

identification and condition of 

containers in a lot, and may, when 

authorized by the Secretary, perform 

other related services under the act and 

the regulations in this part. 

Lot means a defined quantity of 

product accumulated under conditions 

considered uniform for sampling 

purposes. 

(1) For processors who manufacture 

fish and fishery products or other 

marine ingredients, a lot is a production 

unit as defined by mutual agreement 

between the processor and SIP, 

consisting of fish or fishery products or 

other marine ingredients of the same 

type, style, form and size, which have 

been marked or labeled as such and 

produced under conditions as nearly 

uniform as possible, during a single 8 

hour shift (or as defined and approved) 

on an individual processing line. 

(2) For establishments that receive 

fish or fishery products or other marine 

ingredients and perform no additional 

processing, such as distribution 

warehouses and foodservice 

distributors, a lot is defined by mutual 

agreement between the establishment 

and SIP and must consist of fish or 

fishery products or other marine 

ingredients located in a discrete 

grouping that consists of fish or fishery 

products or other marine ingredients of 

the same type, style and size and are 

marked or labeled as such. Except that: 

Fish or fishery products or other marine 

ingredients located in separate groups 

that differ from each other as to grade 

or other factors may be deemed as 

separate lots in some cases, for example: 

(i) Fish or fishery products or other 

marine ingredients located in the same 

group bearing an identification mark 

different from other containers in that 

group may be deemed as separate lots; 

(ii) Containers of fish or fishery 

products or other marine ingredients in 

a group bearing an identification mark 

different from other containers in that 

group, if determined to be of lower 

grade or deficient in other factors, may 

be deemed as separate lots; or 

(iii) If the applicant requests more 

than one inspection certificate covering 

different portions of a lot, the quantity 

of the product covered by each 

certificate shall be deemed a separate 

lot. 

Marine ingredient means any product 

of marine origin, whether or not 

intended for human consumption, 

including, but not limited to, fishmeal, 

fish oil, fish-based fertilizer, seaweed, 

kelp, and algae. 

NMFS Fishery Products Inspection 

Manual (SIP Manual) means the online 

handbook, housed at https://

www.fisheries.noaa.gov/national/ 

seafood-commerce-certification/ 

seafood-inspection-manual, that 

provides procedures of how services 

shall be scheduled, planned, conducted, 

and documented and describes services 

that conform to global activities that 

harmonize inspection protocols. 

Officially drawn sample means any 

sample that has been selected from a 

particular lot by an inspector, licensed 

sampler, or by any other person 

authorized by the Secretary pursuant to 

the regulations in this part. 

Person means any individual, 

partnership, association, business trust, 

corporation, any organized group of 

persons (whether incorporated or not); 

the United States (including, but not 

limited to, any corporate agencies 

thereof) any State, county, or municipal 

government; any common carrier; and 

any authorized agent of any of the 

foregoing. 

Processing means, with respect to fish 

and fishery products and other marine 

ingredients, activities that an 

establishment engages in including 

handling, storing, preparing, heading, 

eviscerating, shucking, freezing, 

changing into different market forms, 

manufacturing, preserving, packing, 

labeling, dockside unloading, or 

holding. 

Product means any fish or fishery 

product or other marine ingredient, 

whether or not destined for human 

consumption, presented to NMFS for 

inspection and/or certification service. 

Quality means the inherent properties 

of any processed product that determine 

the relative degree of excellence of such 

product, includes the effects of 

preparation and processing, and may or 

may not include the effects of packing 

media or added ingredients. 

Rejection number means the smallest 

number of nonconformities, defectives 

(or defects) in the sample or samples 

under consideration that will require 

rejection of the lot. 

Sample means the number of sample 

units drawn from a lot for purposes of 

inspection to reach a decision regarding 

acceptance of the lot and for purposes 

of quality to reach a conclusion 

regarding conformity of the lot. 

Sample unit means a ‘‘unit of 

product’’, a primary container and its 

contents that makes up the sample that 

is inspected to determine whether it 

complies with regulatory criteria and 

that is quality assessed to determine 

whether it conforms to quality criteria. 

Sampling means the process of 

selecting sample units that comprise the 

sample for the purpose of inspection 

and quality assessment under the 

regulations of this part. 

Seafood Inspection Program (SIP) 

means the program within the U.S. 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, which offers inspection 

and grading services for seafood and 

other marine products as well as audit 

and consultative services to domestic 

and international processors, importers, 

and international competent food safety 

authorities. 

Secretary means the Secretary of the 

Department of Commerce or any other 

officer or employee of the Department 

authorized to exercise the powers and to 

perform the duties of the Secretary with 

respect to the matters covered by the 

regulations in this part. 

Shipping container means an 

individual container designed for 

shipping a number of packages or cans 

ordinarily packed in a container for 

shipping or designed for packing 


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unpackaged fish or fishery products or 

other marine ingredients for shipping. Unofficially drawn sample means any 

sample that has been selected by any 

person other than an inspector or 

licensed sampler. Wholesome means the minimum basis 

of acceptability for human food 

purposes of any fish or fishery product 

or other marine ingredient as defined in 

section 402 of the Federal Food, Drug, 

and Cosmetic Act, as amended. 

§ 260.3 Designation and use of official 

certificates, memoranda, marks, other 

identifications, and devices for purposes of 

the Agricultural Marketing Act. 

Section 203(h) of the Agricultural 

Marketing Act of 1946 provides criminal 

penalties for various specified offenses 

relating to the misuse of official 

certificates, memoranda, marks or other 

identifications and devices for making 

such marks or identifications, issued or 

authorized under section 203 of said 

Act, and certain misrepresentations 

concerning the inspection or grading of 

agricultural products under said section. 

For the purposes of said section and the 

provisions in this part, the terms listed 

below shall have the respective 

meanings specified: Official certificate means any form of 

written, printed or electronic 

certification, including those defined in 

§ 260.2, used under this part to 

document and/or certify the compliance 

of fish or fishery products and other 

marine ingredients to applicable 

specifications with respect to inspection 

compliance and conformity to class, 

grade, quality, size, quantity, or 

condition requirements. Official device means a mechanically 

or manually operated tool, appliance or 

other means approved by the Agency to 

apply an official mark or other 

identification to any product or the 

packaging material thereof that is 

approved by the Director, including, but 

not limited to, a stamping appliance, 

branding device, stencil, or printed 

label. 

Official identification means any 

designation of class, grade, quality, size, 

quantity, condition, or attribute 

specified by this part or any symbol, 

stamp, label, seal, or official statement 

indicating that the product has been 

inspected or graded using specifications 

deemed appropriate by SIP or otherwise 

evaluated for any buyer specified 

attribute. 

Official insignia means a grade mark, 

inspection mark, combined inspection 

and grade mark, shield, stamp, other 

emblem, and/or official statement 

approved by the Secretary, authorized 

by the Agency, and used in accordance 

with the NMFS Fishery Products 

Inspection Manual (SIP Manual). 

Official document means a record of 

findings made by an authorized person 

having performed any inspection, 

certification, grading, audit or any other 

service pursuant to this part. 

Inspection Service 

§ 260.4 Where inspection service is 

offered. 

Inspection services may be furnished 

where an inspector, cross-licensed 

inspector, or licensed sampler is 

available and when the establishment’s 

facilities and conditions are appropriate 

for the conduct of such service. This 

location can include, but is not limited 

to, SIP regional and field offices, 

warehouses, processing facilities, docks, 

and vessels, as detailed in the SIP 

Manual. 

§ 260.5 Who may obtain inspection 

service. 

Any person engaged in the 

processing, shipping or receiving of fish 

and fishery products or other marine 

ingredients in interstate commerce may 

apply for inspection service. 

§ 260.6 Application for inspection service. 

Prospective service participants must 

submit an application for inspection 

service per the Application for 

Inspection Services procedures in the 

SIP Manual. To be considered for 

approval, applications for inspection 

service must be complete and conform 

to all SIP inspection service 

requirements as specified in the SIP 

Manual. 

§ 260.7 Rejection of application for 

inspection service. 

Applicants will be notified if an 

Application for Inspection Service is 

rejected. Inspection Service applications 

may be rejected when: (a) the 

application is incomplete or in 

contravention of regulations and/or 

policy; (b) there is a noncompliance 

with NOAA financial policy, such as 

nonpayment for previous inspection 

services rendered; (c) the fish or fishery 

product or other marine ingredient is 

not properly identified; or (d) it appears 

that the performance of the inspection 

service would not be in the best 

interests of the Government. 

§ 260.8 Withdrawal of an application for 

inspection service. 

The applicant may withdraw an 

Application for Inspection Service at 

any time before the inspection is 

performed, provided that the applicant 

shall pay for all costs and expenses 

which have been incurred by the 

inspection service in connection with 

such application. 

§ 260.9 Disposition of inspected samples. 

Any product sample that has been 

used for inspection may be returned to 

the applicant, at its request and 

expense; otherwise it shall be destroyed 

or, when appropriate, diverted to a 

charitable institution. 

§ 260.10 Basis of inspection, grade and 

compliance assessment. 

(a) Finished product inspection and 

certification services shall be performed 

on the basis of the specifications 

deemed appropriate by SIP. 

(b) Unless otherwise approved by SIP, 

compliance with the appropriate 

specifications shall be determined by 

evaluating the product, or sample, in 

accordance with the product inspection 

and quality assessment procedures 

outlined in the SIP Manual. Provided, 

that: 

(1) Such sample complies with the 

applicable standards of quality 

promulgated under the Federal Food, 

Drug, and Cosmetic Act; 

(2) Such sample complies with the 

product description; 

(3) Such sample meets the indicated 

grade with respect to factors of quality 

which are not rated by score points; and 

(4) The number of sample units 

classed as deviants does not exceed the 

applicable acceptance number indicated 

in the sampling plans approved and 

used. A ‘‘deviant,’’ as used in this 

paragraph, means a sample unit that 

falls below the indicated grade or 

specification parameter. 

§ 260.11 Order of inspection service. 

Inspection services shall be 

performed, insofar as practicable, in the 

order in which Application for 

Inspection Service is made, except that 

precedence is given first to the United 

States (including, but not limited to, any 

instrumentality or agency thereof); 

second, to an inspection contract 

holder; and third, to an interested party 

without an inspection contract. 

§ 260.12 Financial interest of inspector. 

No inspector shall inspect any 

product in which s/he has a direct or 

indirect financial interest. 

§ 260.13 Official forms for inspection 

services. 

Inspection certificates, memoranda, 

reports and other documents associated 

with inspection services shall only be 

issued on forms approved by the 

Agency. 

§ 260.14 Issuance of certificates. 

Inspection Certificates and 

Certificates of Loading may be issued by 

an inspector authorized by the Agency 


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to affix their signature to a certificate 

that has been prepared in accordance 

with the documented evidence in 

connection with the inspection service 

provided. 

§ 260.15 Issuance of corrected certificates. 

When an issued inspection certificate 

contains errors or otherwise requires 

revision, the inspector who issued the 

original document or another employee 

of the Agency may issue a corrected 

inspection certificate. The corrected 

certificate will supersede the original 

document, which will become null and 

void after the issuance of the corrected 

certificate. 

§ 260.16 Issuance of an inspection report 

in lieu of an inspection certificate. 

A written report in lieu of an 

inspection certificate may be issued by 

an inspector when such action appears 

to be more suitable than an inspection 

certificate. 

§ 260.17 Retention and provision of 

inspection certificates. 

Inspection certificate copies or other 

documents issued under the regulations 

in this part shall be retained by the 

Agency in accordance with Agency 

record retention policies. The original 

certificate (electronic or other) or copy 

is provided to the inspection service 

requester, and copies may be provided 

to other interested parties as identified 

by the Agency. 

§ 260.18 Report of inspection results prior 

to issuance of formal report. 

Upon request by any interested party 

and approval by the Agency, the interim 

inspection findings may be provided. 

Appeal Service 

§ 260.19 Requesting an appeal. 

(a) An application for an appeal may 

be made by any interested party who 

has cause to disagree with the results of 

a product inspection or audit finding. 

An official appeal inspection of a 

product inspection may only be 

performed when the lot of fish or fishery 

products or other marine ingredients 

can be positively identified by the 

inspection service as the lot from which 

officially drawn samples were 

previously inspected. 

(b) Such application shall be made in 

adherence with the SIP Manual and 

shall be made within 30 days following 

the day on which the previous result 

was communicated, except that upon 

approval by SIP the time may be 

extended. 

§ 260.20 Withdrawing an appeal 

application. 

An application for appeal may be 

withdrawn by the applicant at any time 

before the appeal service is performed, 

provided that the applicant shall pay for 

all costs and expenses which have been 

incurred by the inspection service in 

connection with such application. 

§ 260.21 Declining an appeal application. 

A request for an appeal may be 

declined when: 

(a) The reasons for the appeal are 

frivolous or not substantial; 

(b) The quality or condition of the 

product has undergone a material 

change since the inspection covering the 

product on which an appeal inspection 

is requested; 

(c) The lot relative to which an appeal 

inspection is requested is not, or cannot 

be made, accessible for the selection of 

officially drawn samples; 

(d) The lot relative to which an appeal 

inspection is requested cannot be 

positively identified by the inspector as 

the lot from which officially drawn 

samples were previously inspected; or 

(e) There is noncompliance with the 

regulations in this part. The applicant 

shall be notified promptly if a request 

for appeal is declined, as outlined in the 

SIP Manual. 

§ 260.22 Appeal inspector selection 

protocol. 

(a) An inspector who did not perform 

the original product inspection shall be 

assigned to perform the appeal service; 

provided that the inspector who made 

the original product inspection on 

which an appeal is requested may be 

authorized to draw the samples when 

another inspector or licensed sampler is 

not available in the area where the 

product is located. 

(b) Whenever practical, the appeal 

service shall be conducted jointly by 

two inspectors. 

§ 260.23 Appeal documentation. 

(a) After an appeal service has been 

completed, the results will be recorded 

on an appropriate document, as 

outlined in the SIP Manual. Any appeal 

document shall supersede the certificate 

or report previously issued for the 

product or establishment involved. 

(b) The superseded document shall 

become null and void upon the issuance 

of the appeal document and shall no 

longer represent the quality or condition 

of the product, system, or establishment 

described therein. 

(c) If the original document and all 

copies have not been returned to the 

inspector(s) performing the appeal 

service, the appeal document shall be 

issued to the person(s) the inspector(s) 

considers necessary to prevent misuse 

of the superseded document. 

(d) All provisions in this regulation 

concerning the use, issuance and 

disposition of inspection certificates 

shall apply to appeal inspection 

certificates, except that electronic copies 

of the appeal inspection certificates 

shall be furnished to all interested 

parties who received the superseded 

certificate. 

Licensing of Inspectors and Samplers 

§ 260.24 Inspectors. 

(a) Federal Government employees 

licensed or authorized as inspectors will 

perform inspections. 

(b) In addition, qualified persons may 

be employed and licensed (CrossLicensee) by the Agency to perform 

specified inspection services under a 

joint Federal-State inspection service 

arrangement. 

(c) An Inspector or Cross-Licensee 

shall perform their duties pursuant to 

the regulations in this part as directed 

by the Director. 

§ 260.25 Licensed samplers. 

(a) Any person deemed to have the 

necessary qualifications may be 

approved as a licensed sampler. 

(b) Licensed samplers are authorized 

to draw samples, to confirm the identity 

of the lot, and assess the condition of 

containers in the lot. 

(c) Licensed samplers are not 

authorized to inspect fish or fishery 

products or other marine ingredients. 

§ 260.26 Suspension or revocation of 

licensed inspector or licensed sampler. 

In adherence to Federal and Agency 

requirements, the Agency may suspend 

or revoke the license of a licensed 

inspector or licensed sampler when 

deemed necessary, as outlined in the 

SIP Manual. 

§ 260.27 Surrender of license. 

Upon suspension, revocation and/or 

termination of the services of a licensed 

inspector and/or licensed sampler, or in 

the case of an expired license, the 

licensee shall surrender their license to 

the Agency. 

Sampling 

§ 260.28 Sampling plans and procedures. 

(a) When finished product inspections 

of fish and fishery products and other 

marine ingredients are performed, the 

Sampling Plans and Sampling 

Procedures set forth in the SIP Manual 

will be followed. 

(b) Defined lots of product must be 

accessible, allowing thorough and 

proper sampling in accordance with the 


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regulations of this part. Failure to make 

lots accessible for proper sampling shall 

be sufficient cause for postponing or 

canceling inspection service. 

(c) Lots must be readily identifiable; 

if lots to be sampled are not suitably 

identified, the inspector or licensed 

sampler will mark the lot in a manner 

prescribed by the agency in the 

regulations and in the SIP Manual. 

(d) Samples shall be furnished for 

inspection at no cost to the Agency. 

(e) A certificate of sampling shall be 

prepared and signed by the inspector or 

licensed sampler. 

(f) Officially drawn samples shall be 

marked by the Agency representative so 

such samples can be properly identified 

for inspection. 

§ 260.29 Shipment of samples. 

Samples that require shipment to an 

Inspection Office shall be shipped in a 

manner to avoid, if possible, any 

material change in the quality or 

condition of the product. Costs 

associated with shipments shall be at 

the expense of the applicant. 

Fees and Charges 

§ 260.30 Inspection fees, payment 

guarantees, charges and payments. 

(a) A schedule of fees, charges, 

payment guarantees and payments for 

inspection services shall be made in 

accordance with the applicable 

provisions of the regulations in this part 

and the Financial Policy provided in the 

SIP Manual. 

(b) The Schedule of Fees to be 

charged and collected for any inspection 

service performed under the regulations 

of this part will be determined annually, 

or as required, and published as a 

Notice in the Federal Register. 

(c) Fees for inspection under a 

cooperative agreement with any State or 

person shall be transferred and collected 

in accordance with the terms of such 

agreement. Such portion of the fees 

collected under a cooperative agreement 

as may be due the United States shall be 

remitted in accordance with this section 

and the Financial Policy as provided in 

the SIP Manual. 

(d) Charges may be made to cover the 

cost of travel and other expenses 

incurred in connection with the 

performance of any inspection service, 

including appeal inspections, as 

provided in the SIP Manual. 

(e) Inspection services may be made 

on a contract basis or via a 

memorandum of understanding with 

other Federal and State entities 

pursuant to the Agricultural Marketing 

Act of 1946, provided the Agency is 

reimbursed for the full cost of such 

service. 

(f) For each calendar year, SIP will 

calculate the rate for services, per hour 

per program employee, using the 

following formulas: 

(1) Regular rate. The total SIP 

inspection program personnel direct pay 

divided by direct hours, which is then 

multiplied by the next year’s percentage 

of cost of living increase, plus the 

benefits rate, plus the operating rate, 

plus the allowance for bad debt rate. If 

applicable, travel expenses may also be 

added to the cost of providing the 

service. The regular rate shall be the 

contract rate. 

(2) Overtime rate. The total SIP 

inspection program personnel direct pay 

divided by direct hours, which is then 

multiplied by the next year’s percentage 

of cost of living increase and then 

multiplied by 1.5 plus the benefits rate, 

plus the operating rate, plus an 

allowance for bad debt. If applicable, 

travel expenses may also be added to 

the cost of providing the service. 

(3) Holiday rate. The total SIP 

inspection program personnel direct pay 

divided by direct hours which is then 

multiplied by the next year’s percentage 

of cost of living increase and then 

multiplied by 2, plus benefits rate, plus 

the operating rate, plus an allowance for 

bad debt. If applicable, travel expenses 

may also be added to the cost of 

providing the service. 

(g) For each calendar year, based on 

previous fiscal year/historical actual 

costs, SIP will calculate the benefits, 

operating, and allowance for bad debt 

components of the regular, overtime and 

holiday rates as follows: 

(1) Benefits rate. The total SIP 

inspection program direct benefits costs 

divided by the total hours (regular, 

overtime, and holiday) worked, which is 

then multiplied by the next calendar 

year’s percentage cost of living increase. 

Some examples of direct benefits are 

health insurance, retirement, life 

insurance, and Thrift Savings Plan 

(TSP) retirement basic and matching 

contributions. 

(2) Operating rate. The total SIP 

inspection program operating costs 

divided by total hours (regular, 

overtime, and holiday) worked, which is 

then multiplied by the percentage of 

inflation. 

(3) Allowance for bad debt rate. Total 

allowance for bad debt divided by total 

hours (regular, overtime, and holiday) 

worked. 

(h) The calendar year cost of living 

expenses and percentage of inflation 

factors used in the formulas in this 

section are based on the most recent 

Office of Management and Budget’s 

Presidential Economic Assumptions. 

(1) When an inspection is delayed 

because product is not available or 

readily accessible, a charge for waiting 

time shall be determined using the 

formulas in this section. 

Requirements for Approved 

Establishments 

§ 260.31 Application for SIP Approved 

Establishment. 

Any person desiring to process and 

pack fish and fishery products and other 

marine ingredients as an SIP Approved 

Establishment must receive approval of 

their written and implemented food 

management system per the application 

procedures which are detailed in the 

SIP Manual. 

§ 260.32 Requirements for the provision of 

Inspection Services for Approved 

Establishments. 

All establishments must remain in 

good standing in order to receive 

services per this Part. 

(a) The determination as to the 

inspection effort required to adequately 

provide inspection service at any 

establishment will be made by NMFS. 

The person-hours required may vary at 

different establishments due to factors 

such as, but not limited to, size and 

complexity of operations, volume and 

variety of products produced, and 

adequacy of control systems and 

cooperation. The inspection effort 

requirement may be reevaluated when 

the contracting party or NMFS deems 

there is sufficient change in production, 

equipment and change of quality control 

input to warrant reevaluation. 

Inspectors will not be available to 

perform any of the employee or 

management duties; however, they will 

be available for consultation purposes. 

NMFS reserves the right to reassign 

inspectors as it deems necessary. 

(b) Assessment of an establishment’s 

good standing will be made by the 

Agency through systems, process, and 

product auditing and inspection 

activities, which are further specified in 

the SIP Manual. 

(c) The Agency shall not be held 

responsible: 

(1) For damages occurring through 

any act of commission or omission on 

the part of its inspectors when engaged 

in performing services; or 

(2) For production errors, such as 

processing temperatures, length of 

process, or misbranding of products; or 

(3) For failure to supply enough 

inspection effort during any period of 

service. 

(d) Approved Establishments shall: 

(1) Use, handle, process, store and 

distribute only raw materials and 

finished products that meet processing 


lotter on DSK11XQN23PROD with RULES1
101510 Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 

and sanitation statutory and regulatory 

requirements for food safety, 

wholesomeness and labeling; 

(2) Adequately code each primary 

container and master case of products 

sold or otherwise distributed from a 

manufacturing, processing, packing, or 

repackaging activity to enable lot 

identification to facilitate, where 

necessary, the segregation of specific 

food lots that may have become 

contaminated or otherwise unfit for 

their intended use; 

(3) Provide adequate office space in 

the designated establishment, if 

required by the Agency, and furnish 

suitable desks, office equipment, 

internet services access, laboratory 

facilities and equipment required to 

perform product verification and 

inspection, as prescribed by the Agency; 

(4) Furnish and provide laundry 

service for coats, trousers, smocks, and 

towels used by inspectors during 

performance of duty in establishments if 

required by the Agency; and 

(5) During all reasonable times, 

provide representatives of the Agency 

free and immediate access to the 

establishment under the applicant’s 

control for the purpose of performing 

any and all inspection services. 

(e) Retention tags: 

(1) Any equipment such as, but not 

limited to, conveyors, tillers, sorters, 

choppers, and containers which fail to 

meet appropriate and adequate 

sanitation requirements will be 

identified by the inspector in an 

appropriate and conspicuous manner 

with the word ‘‘RETAINED.’’ Following 

such identification, the equipment shall 

not be used until the discrepancy has 

been resolved, the equipment reinspected and approved by the 

inspector and the ‘‘RETAINED’’ 

identification removed by the inspector. 

(2) Lot(s) of processed products that 

may be considered to be mislabeled 

and/or unwholesome by reason of 

contaminants, or which may otherwise 

be in such condition as to require 

further evaluation or testing to 

determine that the product is properly 

labeled and/or wholesome, will be 

identified by the inspector in an 

appropriate and conspicuous manner 

with the word ‘‘RETAINED.’’ Such lot(s) 

of product shall be held for reinspection or testing. Final disposition 

of the lot(s) shall be determined by 

NMFS and the removal of the 

‘‘RETAINED’’ identification shall be 

performed by the inspector. 

(f) Termination of inspection services: 

(1) The fishery products inspection 

service, including the issuance of 

inspection reports, shall be rendered 

from the date of the commencement 

specified in the contract and continue 

until suspended or terminated: 

(i) by mutual consent; 

(ii) by either party giving the other 

party 60 days’ written notice specifying 

the date of suspension or termination; 

(iii) by written notice by the Agency 

in the event the applicant does not meet 

financial obligations; 

(iv) by written notice by the Agency, 

terminating service in the event the 

applicant fails to meet statutory and/or 

regulatory requirements, or in the event 

the applicant fails to comply with any 

provisions of the regulations contained 

in this part; 

(v) by automatic termination in case 

of bankruptcy, closing out of business, 

or change in controlling ownership. 

(2) In case the contracting party 

wishes to terminate the fishery products 

inspection service under the terms of 

paragraph (f)(1)(i) or (ii) of this section: 

(i) the service must be continued until 

all unused containers, labels, and 

advertising material on hand or in 

possession of his supplier bearing 

official identification marks or reference 

to the fishery products inspection 

service have been used; 

(ii) all unused containers, labels, and 

advertising material bearing official 

identification marks or reference to the 

fishery products inspection service must 

be destroyed; 

(iii) official identification marks and 

all other reference to the fishery 

products inspection service on all 

unused containers, labels, advertising 

material must be obliterated; or 

(iv) assurance satisfactory to NMFS 

must be furnished that all unused 

containers, labels, and advertising 

material bearing official identification 

marks or reference to the fishery 

products inspection service will not be 

used in violation of any of the 

provisions of the regulations in the part. 

(3) In case the fishery products 

inspection service is terminated for 

cause by NMFS under the terms of 

paragraph (f)(1)(iii) or (iv) of this 

section, or in case of automatic 

termination under terms of paragraph 

(f)(1)(v) of this section, the contracting 

party must destroy all unused 

containers, labels, and advertising 

material on hand bearing official 

identification marks or reference to the 

fishery products inspection service or 

must obliterate official identification 

marks and all reference to the fishery 

products inspection service on said 

containers, labels and advertising 

material. After termination of the fishery 

products inspection service, NMFS may, 

at such time or times as it may 

determine to be necessary, during 

regular business hours, enter the 

establishment(s) or other facilities in 

order to ascertain that the containers, 

labels, and advertising material have 

been altered or disposed of in the 

manner provided herein, to the 

satisfaction of NMFS. 

§ 260.33 Compliance with statutory and 

regulatory requirements. 

Approved Establishments shall 

comply with all statutory and regulatory 

requirements and provisions pertaining 

to the production of fish and fishery 

products and other marine ingredients 

for human or animal consumption. 

Miscellaneous 

§ 260.34 Policies and procedures. 

The policies and procedures 

pertaining to the Agency’s inspection 

services are contained within the SIP 

Manual. 

§ 260.35 Approved marks, shields, stamps 

and official statements. 

As prescribed by the SIP Manual, 

Inspection Service participants meeting 

the requirements may request approval 

to utilize specified SIP Grade Marks, 

Shields, Stamps and Official Statements 

(collectively SIP Insignia). 

(a) Participants as approved 

establishments. (1) Fish and Fishery 

products and other marine ingredients 

that are processed under Federal 

inspection to assure compliance with all 

applicable regulatory requirements 

through the SIP Approved 

Establishments Program may be eligible 

to bear an: 

(i) Approved Establishment 

inspection mark; and/or, 

(ii) Approved Establishment Official 

Statement. 

Figure 1 to Paragraph (a)(1)(ii)—USDC 

Approved Establishment Inspection 

Mark 


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(2) Fish and Fishery products and 

other marine ingredients that are 

processed under Federal inspection to 

ensure compliance with all applicable 

regulatory requirements through the SIP 

Approved Establishments Program and 

certified by an inspector as meeting the 

requirements of the applicable 

Approved Specification additionally 

may be eligible to bear (as applicable): 

(i) Grade A shield; 

(ii) Processed Under Federal 

Inspection (PUFI) mark; and/or 

(iii) Other official statements and/or 

marks, as approved by SIP, e.g. 

Figure 2 to Paragraph (a)(2)(i)—U.S. 

Grade A Shield 

Figure 3 to Paragraph (a)(2)(ii)— 

Processed Under Federal Inspection 

(PUFI) Mark 

(3) Approved Establishments will not 

make deceptive, fraudulent, or 

unauthorized use in advertising, or 

otherwise, of the fishery products 

inspection service marks, the inspection 

certificates or reports issued, or the 

containers on which official 

identification marks are embossed or 

otherwise identified, in connection with 

the sale of any processed products; 

(b) Lot inspection marks. (1) Fish and 

fishery products and other marine 

ingredients that have not been 

processed under Federal inspection may 

not be approved for the use of Grade or 

Inspection Marks. Such products may, 

however, be inspected on a Lot 

Inspection basis. 

(2) Master cases and inspection 

certificates for products that are 

submitted for inspection through the lot 

inspection process identified in the SIP 

Manual and are certified by an inspector 

as meeting the requirements of the 

applicable USDC Approved 

Specification corresponding with the 

shield, may bear one or more of the 

following: 

(i) USDC Accepted per Specifications 

shield; 

Figure 4 to Paragraph (b)(2)(i)—USDC 

Accepted per Specifications Shield 

(ii) Officially Sampled shield, e.g. Figure 5 to Paragraph (b)(2)(ii)— 

Officially Sampled Shield 


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101512 Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 

§ 260.36 Revocation of approval to use 

inspection marks and statements. 

(a) Approval for use of SIP inspection 

marks, statements, and insignia will be 

rescinded when evidence indicates that 

processing conditions and/or product 

lots do not meet applicable regulatory, 

inspection and/or quality requirements 

per the SIP Manual. 

(b) Any affected lot(s) shall be 

retained and may not enter commerce 

unless the lot meets minimum 

regulatory requirements to enter 

commerce and the SIP insignia is 

removed. 

(c) The establishment or processor 

shall obtain written clearance from the 

Agency for the release of product lots 

that have been put on hold under this 

part. 

§ 260.37 Compliance with other laws. 

None of the requirements in the 

regulations in this part shall excuse 

failure to comply with any Federal, 

State, county, or municipal laws 

applicable to the operation of food 

processing establishments and to 

processed food products. 

§ 260.38 Identification. 

Each inspector and licensed sampler 

shall have a means of identification 

furnished by the Agency in his/her 

possession and, while on duty, present 

such identification upon request. 

§ 260.39 Debarment and suspension. 

(a) Debarment. Any person may be 

debarred from using or benefiting from 

the inspection service provided under 

the regulations of this subchapter or 

under the terms of any inspection 

contract, and such debarment may 

apply to one or more processing 

establishments under their control, if 

such person engages in one or more of 

the following acts or activities: 

(1) Misrepresenting, misstating, or 

withholding any material or relevant 

facts or information in conjunction with 

any application or request for an 

inspection contract, inspection service, 

inspection appeal, lot inspection, or 

other service provided for under the 

regulations of this subchapter. 

(2) Using on a fish or fishery or other 

marine ingredient product any label that 

displays any official identification, 

official device, or official mark, when 

the label is not currently approved for 

use by the Director or his/her delegate. 

(3) Using on a fish or fishery product 

or other marine ingredient any label that 

displays the words ‘‘USDC Approved 

Establishment’’ or ‘‘Processed Under 

Federal Inspection, U.S. Department of 

Commerce’’; any official mark, official 

device, or official identification; or a 

facsimile of the foregoing, when such 

product has not been inspected under 

the regulations of this subchapter. 

(4) Making any statement or reference 

to the U.S. Grade of any product or any 

inspection service provided under the 

regulations of this subchapter on the 

label or in the advertising of any 

product when such product has not 

been inspected under the regulations of 

this subchapter. 

(5) Making, using, issuing or 

attempting to issue or use in 

conjunction with the sale, shipment, 

transfer or advertisement of a product 

any certificate of loading, certificate of 

sampling, inspection certificate, official 

device, official identification, official 

mark, official document, or score sheet 

which has not been issued, approved, or 

authorized for use with such product by 

an inspector. 

(6) Using any of the terms ‘‘United 

States,’’ ‘‘Officially graded,’’ ‘‘Officially 

inspected,’’ ‘‘Government inspected,’’ 

‘‘Federally inspected,’’ ‘‘Officially 

sampled,’’ ‘‘Grade A Equivalent’’ or 

words of similar import or meanings, or 

using any official device, official 

identification, or official mark on the 

label, on the shipping container, or in 

the advertising of any fish or fishery 

product or other marine ingredient, 

when such product has not been 

inspected under the regulations of this 

subchapter. 

(7) Using, attempting to use, altering 

or reproducing any certificate, 

certificate form, design, insignia, mark, 

shield, device, or figure which simulates 

in whole or in part any official mark, 

official device, official identification, 

certificate of loading, certificate of 

sampling, inspection certificate or other 

official certificate issued pursuant to the 

regulations of this subchapter. 

(8) Assaulting, harassing, interfering, 

obstructing or attempting to interfere 

with or obstruct any inspector or 

licensed sampler in the performance of 

their duties under the regulations of this 

subchapter. 

(9) Violating any one or more of the 

terms of any inspection contract or the 

provisions of the regulations of this 

subchapter. 

(10) Engaging in acts or activities 

which destroy or interfere with the 

purposes of the inspection program or 

which have the effect of undermining 

the integrity of the inspection program. 

(b) Temporary suspension. (1) 

Whenever the Director has reasonable 

cause to believe that any person has 

engaged in any act or activity described 

in paragraph (a) of this section and such 

act or activity, in the judgment of the 

Director, would cause serious and 

irreparable injury to the inspection 

program and services provided under 

the regulations of this subchapter, the 

Director may, without a hearing, 

temporarily suspend, either before or 

after the institution of a debarment 

hearing, the inspection service provided 

under the regulations of this subchapter 

or under any inspection contract for one 

or more processing establishments 

under the control of such person. Notice 

of suspension shall be served by 

registered or certified mail, return 

receipt requested, and the notice shall 

specifically state those acts or activities 

of such person that are the basis for the 

suspension. The suspension shall 

become effective 5 days after receipt of 

the notice. 

(2) Once a person has received a 

notice of a temporary suspension, a 

debarment hearing will be set for 30 

days after the effective date of the 

suspension. Within 60 days after the 

completion of the debarment hearing, 

the Hearing Examiner shall determine, 

based upon evidence of record, whether 

the temporary suspension shall be 

continued or terminated. A temporary 

suspension shall be terminated by the 

Hearing Examiner if they determine that 

the acts or activities that were the bases 

for the suspension did not occur or will 

not cause serious and irreparable injury 

to the inspection program and services 

provided under the regulations of this 

subchapter. This determination of the 

Hearing Examiner on the continuation 

or termination of the temporary 

suspension shall be final, and there 

shall be no appeal of this determination. 

The initial decision by the Hearing 

Examiner on the debarment shall be 

made in accordance with paragraph 

(b)(l), Decisions, of this section. 

(3) After a debarment hearing has 

been instituted against any person by a 

suspension, such suspension will 

remain in effect until a final decision is 

rendered on the debarment in 

accordance with the regulations of this 

section or the temporary suspension is 

terminated by the Hearing Examiner. 

(4) When a debarment hearing has 

been instituted against any person not 

under suspension, the Director may, in 

accordance with the regulations of this 

paragraph (b), of this section, 

temporarily suspend such person, and 

the suspension will remain in effect 

until a final decision on the debarment 

is rendered in accordance with the 

regulations of this section or the 

temporary suspension is terminated by 

the Hearing Examiner. 

(c) Hearing Examiner. All hearings 

shall be held before a Hearing Examiner 

appointed by the Secretary or the 

Director. 


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(d) Hearing. If one or more of the acts 

or activities described in paragraph (a) 

of this section have occurred, the 

Director may institute a hearing to 

determine the length of time during 

which the person shall be debarred and 

those processing establishments to 

which the debarment shall apply. No 

person may be debarred unless there is 

a hearing, as prescribed in this section, 

and it has been determined by the 

Hearing Examiner, based on evidence of 

record, that one or more of the activities 

described in paragraph (a) of this 

section have occurred. Any debarment 

or suspension must be instituted within 

2 years of the time when such acts or 

activities described in paragraph (a) of 

this section have occurred. 

(e) Notice of hearing. The Director 

shall notify such person of the 

debarment hearing by registered or 

certified mail, return receipt requested. 

The notice shall set forth the time and 

place of the hearing, the specific acts or 

activities which are the basis for the 

debarment hearing, the time period of 

debarment being sought, and those 

processing establishments to which the 

debarment shall apply. Except for the 

debarment hearing provided for in 

paragraph (b) of this section the hearing 

will be set for a time not longer than 120 

days after receipt of the notice of 

hearing. 

(f) Time and place of hearing. The 

hearing shall be held at a time and place 

fixed by the Director: Provided, 

however, the Hearing Examiner may, 

upon a proper showing of 

inconvenience, change the time and 

place of the hearing. Motions for change 

of time or place of the hearing must be 

mailed to or served upon the Hearing 

Examiner no later than 10 days before 

the hearing. 

(g) Right to counsel. In all proceedings 

under this section, all persons and the 

Department of Commerce shall have the 

right to be represented by counsel, in 

accordance with the rules and 

regulations set forth in title 15, Code of 

Federal Regulations, Part 906. 

(h) Form, execution, and service of 

documents. (1) All papers to be filed 

under the regulations in this section 

shall be clear and legible; and shall be 

dated, signed in ink, contain the docket 

description and title of the proceeding, 

if any, and the address of the signatory. 

Documents filed shall be executed by: 

(i) The person or persons filing same; 

(ii) An authorized officer thereof if it 

be a corporation; or 

(iii) An attorney or other person 

having authority with respect thereto. 

(2) All documents, when filed, shall 

show that service has been made upon 

all parties to the proceeding. Such 

service shall be made by delivering one 

copy to each party in person or by 

mailing by first-class mail, properly 

addressed with postage prepaid. When 

a party has appeared by attorney or 

other representative, service on such 

attorney or other representative will be 

deemed service upon the party. The 

date of service of document shall be the 

day when the matter served is deposited 

in the U.S. mail, shown by the postmark 

thereon, or is delivered in person, as the 

case may be. 

(3) A person is deemed to have 

appeared in a hearing by filing with the 

Director a written notice of their 

appearance or their authority to appear 

on behalf of one of the parties to the 

hearing. 

(4) The original of every document 

filed under this section and required to 

be served upon all parties to a 

proceeding shall be accompanied by a 

certificate of service signed by the party 

making service, stating that such service 

has been made upon each party to the 

proceeding. Certificates of service may 

be in substantially the following form: 

‘‘I hereby certify that I have this day 

served the foregoing document upon all 

parties of record in this proceeding by: 

(1) Mailing postage prepaid, (2) 

delivering in person, or (3) 

electronically delivering a copy to each 

party. 

Dated atllllthisllllday 

ofllll, 20ll 

Signaturellllll’’ 

(i) Procedures and evidence. (1) All 

parties to a hearing shall be entitled to 

introduce all relevant evidence on the 

issues as stated in the notice for hearing 

or as determined by the Hearing 

Examiner at the outset of or during the 

hearing. 

(2) Technical rules of evidence shall 

not apply to hearings conducted 

pursuant to this section, but rules or 

principles designed to assure 

production of the most credible 

evidence available and to subject 

testimony to test by cross-examination 

shall be applied where reasonably 

necessary. 

(j) Duties of Hearing Examiner. The 

Hearing Examiner shall have the 

authority to: 

(1) Take depositions or cause 

depositions to be taken; 

(2) Regulate the course of the 

hearings; 

(3) Prescribe the order in which 

evidence shall be presented; 

(4) Dispose of procedural requests or 

similar matters; 

(5) Hear and initially rule upon all 

motions and petitions before them; 

(6) Administer oaths and affirmations; 

(7) Rule upon offers of proof and 

receive competent, relevant, material, 

reliable, and probative evidence; 

(8) Prevent the admission of 

irrelevant, immaterial, incompetent, 

unreliable, repetitious, or cumulative 

evidence; 

(9) Hear oral arguments if the Hearing 

Examiner determined such requirement 

is necessary; 

(10) Fix the time for filing briefs, 

motions, and other documents to be 

filed in connection with hearings; 

(11) Issue the initial decision and 

dispose of any other pertinent matters 

that normally and properly arise in the 

course of proceedings; and 

(12) Do all other things necessary for 

an orderly and impartial hearing. 

(k) The record. (1) The Director will 

designate an official reporter for all 

hearings. The official transcript of 

testimony taken, together with any 

exhibits and briefs filed therewith, shall 

be filed with the Director. Transcripts of 

testimony will be available in any 

proceeding under the regulations of this 

section at rates fixed by the contract 

between the United States of America 

and the reporter. If the reporter is an 

employee of the Department of 

Commerce, the Director will fix the rate. 

(2) The transcript of testimony and 

exhibits, together with all briefs, papers, 

and all rulings by the Hearing Examiner 

shall constitute the record. The initial 

decision will be predicated on the same 

record, as will the final decision. 

(l) Decisions. (1) The Hearing 

Examiner shall render the initial 

decision in all debarment proceedings 

before them. The same Hearing 

Examiner who presides at the hearing 

shall render the initial decision except 

when such Examiner becomes 

unavailable to the Department of 

Commerce. In such case, another 

Hearing Examiner will be designated by 

the Secretary or Director to render the 

initial decision. Briefs or other 

documents to be submitted after the 

hearing must be received not later than 

20 days after the hearing unless 

otherwise extended by the Hearing 

Examiner upon motion by a party. The 

initial decision shall be made within 60 

days after the receipt of all briefs. If no 

appeal from the initial decision is 

served upon the Director within 10 days 

of the date of the initial decision, it will 

become the final decision on the 20th 

day following the date of the initial 

decision. If an appeal is received, the 

appeal will be transmitted to the 

Secretary who will render the final 

decision after considering the record 

and the appeal. 

(2) All initial and final decisions shall 

include a statement of findings and 


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conclusions, as well as the reasons or 

bases therefore, upon the material issues 

presented. A copy of each decision shall 

be served on the parties to the 

proceeding and furnished to interested 

persons upon request. 

(3) It shall be the duty of the Hearing 

Examiner, and the Secretary where there 

is an appeal, to determine whether the 

person has engaged in one or more of 

the acts or activities described in 

paragraph (a) of this section, and, if 

there is a finding that the person has 

engaged in such acts or activities, the 

length of time the person shall be 

debarred and the processing 

establishments to which the debarment 

shall apply. 

[FR Doc. 2024–29129 Filed 12–13–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 241022–0278] 

RIN 0648–BN08 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Pacific Coast Groundfish Fishery 

Management Plan; Amendment 33; 

2025–26 Biennial Specifications and 

Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule establishes the 

2025–26 harvest specifications for 

groundfish caught in the U.S. exclusive 

economic zone (EEZ) seaward of 

Washington, Oregon, and California, 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act or MSA) 

and the Pacific Coast Groundfish 

Fishery Management Plan (PCGFMP). 

This final rule also revises management 

measures intended to keep the total 

annual catch of each groundfish stock or 

stock complex within the annual catch 

limits. These measures are intended to 

help prevent overfishing, rebuild 

overfished stocks, achieve optimum 

yield, and ensure that management 

measures are based on the best scientific 

information available. Additionally, this 

final rule makes minor corrections (e.g., 

correcting grammar, removing outdated 

regulations, revisions for clarity) to the 

regulations, as well as technical 

corrections recommended by the Pacific 

Fishery Management Council (Council) 

at their September 2024 meeting. Last, 

this final rule implements amendment 

33 to the PCGFMP, which establishes a 

rebuilding plan for California quillback 

rockfish and revises the allocation 

framework for shortspine thornyhead. 

DATES: Effective January 1, 2025. 

ADDRESSES: The Analysis, which 

addresses the National Environmental 

Policy Act, Presidential Executive Order 

12866, the Regulatory Flexibility Act, 

and the Magnuson-Stevens Fishery 

Conservation and Management Act, is 

accessible via the internet at the NMFS 

West Coast Region website at https://

www.fisheries.noaa.gov/region/westcoast. The final 2024 Stock Assessment 

and Fishery Evaluation (SAFE) report 

for Pacific Coast groundfish, as well as 

the SAFE reports for previous years, are 

available from the Council’s website at 

https://www.pcouncil.org. The final 

Council Analytical Document, which 

describes the Council’s final 

recommendations on the 2025–26 

harvest specifications and management 

measures and amendment 33, is also 

available from the Council’s website at 

https://www.pcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Massey, Fishery Management 

Specialist, at 562–900–2060 or 

lynn.massey@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Harvest Specifications 

This final rule sets 2025–26 harvest 

specifications and management 

measures for the 90+ groundfish stocks 

or management units which currently 

have annual catch limits (ACLs) or ACL 

contributions to stock complexes 

managed under the PCGFMP, except for 

Pacific whiting. Pacific whiting harvest 

specifications are established annually 

through a separate bilateral process with 

Canada. 

The proposed overfishing limits 

(OFLs), acceptable biological catches 

(ABCs), and ACLs are based on the best 

available biological and socioeconomic 

data, including projected biomass 

trends, information on assumed 

distribution of stock biomass, and 

revised technical methods used to 

calculate stock biomass. See tables 1a 

and 2a to Part 660, Subpart C in the 

regulatory text supporting this rule for 

the 2025–26 OFLs, ABCs, and ACLs for 

each stock or stock complex. 

A detailed description of each stock 

and stock complex for which the 

Council establishes harvest 

specifications set through this rule can 

be found in the 2024 SAFE document 

posted on the Council’s website at 

https://www.pcouncil.org/stockassessments-star-reports-stat-reportsrebuilding-analyses-terms-of-reference/ 

safe-documents-4/. A summary of how 

the 2025–26 harvest specifications were 

developed, including a description of 

off-the-top deductions for Tribal, 

research, incidental open access (IOA), 

and experimental fisheries, was 

provided in the proposed rule (87 FR 

70406, August 29, 2024) and is not 

repeated here. Additional information 

on the development of these harvest 

specifications is also provided in the 

Analysis. 

For most stocks, the Council 

recommended harvest specifications 

based on the default harvest control rule 

used in the prior biennium. The Council 

recommended deviating from the 

default harvest control rule for four 

stocks in 2025–2026. Table 1 presents a 

summary of the changes to the harvest 

control rules for these stocks for the 

2025–26 biennium. Each of these 

changes was discussed in the proposed 

rule and that discussion is not repeated 

here. 

TABLE 1—CHANGES TO HARVEST CONTROL RULES FOR THE 2025–26 BIENNIUM

Stock Default harvest control rule a Alternative harvest control rule a

Rex Sole ............................................................ ACL = ABC (P* 0.40) ....................................... ACL = ABC (P* 0.45). 

Shortspine thornyhead b .................................... ACL < ABC (P* 0.40) ....................................... ACL < ABC (P* 0.45), 40–10 HRC applied. 

Dover sole ......................................................... ACL = 50,000 metric tons (mt) ......................... ACL = ABC (P* 0.45). 

Quillback Rockfish off California ....................... ACL contribution < ABC (SPR 0.55; P* 0.45) c ABC Rule d (ACL = ABC; P* 0.45). 

aThe Default Harvest Control Rules were used to set the ACLs in 2023 and 2024. The Alternative Harvest Controls rules are the proposed 

changes for setting the ACLs in 2025 and 2026. bThe 40–10 adjustment applies where a precautionary reduction is warranted, per the PCGFMP at section 4.6.1. The 40–10 adjustment reduces the harvest rate to help the stock return to the maximum sustainable yield level. 


lotter on DSK11XQN23PROD with RULES1