Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Proposed Rules 102091 

Assessment Team and the Southern 

Alaska Fish and Wildlife Field Office. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Plants, Reporting and 

recordkeeping requirements, 

Transportation, Wildlife. 

Proposed Regulation Promulgation 

Accordingly, we propose to amend 

part 17, subchapter B of chapter I, title 

50 of the Code of Federal Regulations, 

as set forth below: 

PART 17—ENDANGERED AND 

THREATENED WILDLIFE AND PLANTS 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

■ 2. In § 17.11, in paragraph (h), amend 

the List of Endangered and Threatened 

Wildlife by adding an entry for ‘‘Bee, 

cuckoo bumble, Suckley’s’’ in 

alphabetical order under INSECTS to 

read as follows: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Common name Scientific name Where 

listed Status Listing citations and applicable rules 

*******

INSECTS

*******

Bee, cuckoo bumble, 

Suckley’s.

Bombus suckleyi ........... Wherever found ............ E [Federal Register citation when published as a 

final rule]. 

*******

* * * * * 

Martha Williams, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2024–28729 Filed 12–16–24; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 216, 300, and 635 

[Docket No. 241010–0269] 

RIN 0648–BK86 

Seafood Import Procedures and 

Certification of Admissibility 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: NMFS proposes to revise 

regulations to provide for electronic 

entry filing of data from the Certification 

of Admissibility (COA) form, which 

allows entry of certain fish or fish 

products otherwise subject to trade 

restrictions pursuant to the Marine 

Mammal Protection Act (MMPA), High 

Seas Driftnet Fishing Moratorium 

Protection Act (Moratorium Protection 

Act), or Atlantic Tunas Convention Act 

(ATCA). This proposed rule would 

standardize and consolidate existing 

permit, reporting, recordkeeping, and 

entry filing requirements and allow 

nations to use their own aggregate catch 

documentation. The intent of these 

actions are to enable the continued flow 

of trade while adhering to existing 

statutory requirements. 

DATES: Written comments must be 

received on or before February 18, 2025. 

ADDRESSES: Written comments on this 

action, identified by NOAA–NMFS– 

2022–0057, may be submitted by either 

of the following methods: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2022–0057 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

Mail: Submit written comments to 

Bryan Keller, Office of International 

Affairs, Trade, and Commerce, National 

Marine Fisheries Service, 1315 EastWest Highway (F/IS5), Silver Spring, 

MD 20910. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements addressed in the proposed 

rule may be submitted to the Office of 

International Affairs, Trade, and 

Commerce, and/or to NMFS. 

FOR FURTHER INFORMATION CONTACT: 

Bryan Keller, Office of International 

Affairs, Trade, and Commerce, National 

Marine Fisheries Service (phone: 301– 

427–7725; or email: bryan.keller@

noaa.gov). 

SUPPLEMENTARY INFORMATION: 

Background 

Several statutes, including the MMPA 

(16 U.S.C 1361 et seq.), Moratorium 

Protection Act (16 U.S.C. 1826d–k), and 

ATCA (16 U.S.C. 971 et seq.), authorize 

the U.S. Government to impose trade 

restrictions on certain fish or fish 

products (both wild-caught and 

aquaculture) of a foreign nation, or other 

entities that have competency to enter 

into international fishery management 

agreements as per the Moratorium 

Protection Act, where the nation has 

failed to meet the standards or 

requirements of the United States. In 

order to allow for entry of similar fish 

and fish products that are not subject to 

trade restrictions, NMFS developed the 

COA fish harvest record form, which is 

designed to accompany a nonprohibited shipment of fish or fish 

product to attest to its method and 

location of harvest. NMFS currently 

uses paper-format COAs that require 


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signatures of the certifying official of the 

exporting nation prior to arrival and the 

U.S. importer upon release into the 

United States. This information 

collection is currently approved by the 

Office of Management and Budget 

(OMB) under control number 0648– 

0651. The COA is currently referenced 

under separate regulations that 

implement the MMPA (see 50 CFR 

216.24(h)) and the Moratorium 

Protection Act (see 50 CFR part 300, 

subpart N). 

NMFS now seeks to automate the 

COA and entry process and proposes to 

amend and consolidate COA-related 

permit, reporting and recordkeeping, 

and entry filing requirements in a new 

subpart S to 50 CFR part 300. The goal 

is to ensure consistency in the COA 

requirements for importing nonrestricted products across all programs. 

This proposed rule would make 

conforming edits to regulations 

promulgated pursuant to the MMPA, 

Moratorium Protection Act, and ATCA, 

including adding a cross-reference to 

the new subpart S. 

Current COA Use 

The COA procedures are used to 

facilitate and monitor trade in fish 

products from nations that are subject to 

narrowly defined trade restrictions (e.g., 

specific nations, fishing gear or fishing 

areas) under the MMPA, Moratorium 

Protection Act, or ATCA, but for which 

conditions of harvest may allow for 

entry of certain fish or fish products (see 

16 U.S.C. 1371(a)(2)(A); 16 U.S.C. 

1826j(d)(2); 16 U.S.C. 1826k(c)(4); and 

16 U.S.C. 971d(c)(4) and (5)). 

To date, NMFS has allowed use of a 

COA fish harvest record form to import 

non-prohibited fish or fish products 

from nations subject to import 

prohibitions in two situations under 

MMPA authority. In the first case, to 

protect the endangered vaquita 

porpoise, certain fish products from 

Mexico that are harvested by specified 

fishing gear in the Upper Gulf of 

California that incidentally catch 

vaquita are subject to trade restrictions 

(see 85 FR 13626, March 9, 2020). 

However, those types of fish or fish 

products are admissible when 

documented by Mexico via the COA as 

having been harvested in other fishing 

areas outside the Upper Gulf of 

California or with other fishing gear not 

subject to the import restriction. In the 

second case, to protect the endangered 

Maui dolphin, the U.S. Court of 

International Trade issued a preliminary 

injunction on the import of certain fish 

products from New Zealand that were 

harvested with set net or trawl gear off 

the west coast of North Island (see Slip 

OP 22–130 at https://

www.cit.uscourts.gov/sites/cit/files/22- 

130.pdf). However, those types of fish or 

fish products were admissible, when 

documented by New Zealand via the 

COA as having been harvested in other 

fishing areas outside the west coast of 

North Island or with other fishing gear 

not subject to the import restriction. As 

of April 2, 2024, the MMPA import ban 

was lifted for fish or fish products from 

New Zealand. Detailed information on 

the current trade restrictions and 

provisions for use of the COA to file 

entries for admissible shipments can be 

found at: https://

www.fisheries.noaa.gov/foreign/marinemammal-protection/seafood-importrestrictions. 

NMFS worked closely with U.S. 

Customs and Border Protection (CBP) to 

implement the trade restrictions and use 

of the COA fish harvest record form to 

document eligible entries. In the two 

cases referenced above, NMFS worked 

with CBP trade specialists to determine 

the U.S. Harmonized Tariff Schedule 

(HTSUS) codes applicable to the fish or 

fish products subject to the trade 

restrictions. NMFS then worked with 

the CBP Office of Field Operations to 

implement the trade restriction, with 

the scope of the restriction specified by 

the country of origin and the HTSUS 

code of the product. For the applicable 

country of origin and HTSUS code 

combination, the Document Image 

System (DIS) submission was required 

in the Automated Commercial 

Environment (ACE) portal. NMFS 

communicated the scope of the seafood 

trade restrictions and the 

documentation requirements for entry to 

the trade community through notices in 

the Federal Register (see https://

www.federalregister.gov/documents/ 

2020/03/09/2020-04692/ 

implementation-of-fish-and-fishproduct-import-provisions-of-themarine-mammal-protection) and/or use 

of the CBP Cargo Systems Messaging 

Service (see https://

content.govdelivery.com/accounts/ 

USDHSCBP/bulletins/33ef290). 

Upon the effective date of each trade 

restriction, CBP port inspectors began 

monitoring seafood imports from any 

affected countries to determine if the 

COA fish harvest record form had been 

submitted for the selected HTSUS 

codes. Absent the COA fish harvest 

record form, the entry was rejected and 

the entry filer (customs broker or 

importer of record) notified of the 

documentation requirement. Pursuant to 

a data-sharing memorandum of 

understanding, NMFS receives a daily 

feed of entry filings from CBP and, for 

entries requiring the COA, is able to 

validate the information presented on 

the COA fish harvest record form. 

Proposed Action 

Consolidating COA Requirements in 

New Subpart S 

NMFS proposes a new subpart S to 50 

CFR part 300 (the International 

Fisheries Regulations) to provide 

consistent COA requirements for use 

across the MMPA, Moratorium 

Protection Act, and ATCA programs. 

Under the proposed rule, the importer 

of record would be required to possess 

an International Fisheries Trade Permit 

(IFTP) issued under 50 CFR 300.322. 

The importer of record must file 

electronically, at the time of entry, or in 

advance of entry, the message set 

required under this subpart with U.S. 

CBP via the ACE portal. All products 

subject to subpart S, regardless of value, 

are subject to the subpart’s 

requirements, notwithstanding any CBP 

exemptions. NMFS may allow entry of 

such products if: the exporting nation 

certifies the products are not subject to 

U.S. import restrictions via the COA fish 

harvest record form; the importer of 

record enters required data via the CBP 

ACE portal at the time of entry; and the 

importer of record uploads a copy of the 

COA fish harvest record form or other 

approved form through the DIS via the 

ACE portal within 24 hours of release of 

the product by CBP. 

The COA is defined in this proposed 

rule as the attestation that the fish or 

fish products offered for entry into the 

United States are not subject to any 

import prohibitions issued pursuant to 

50 CFR 216.24(h), 300.206, or 635.40(a) 

(i.e., the import prohibition provisions 

under the MMPA, Moratorium 

Protection Act, and ATCA regulations, 

respectively). The proposed rule 

specifies that the COA fish harvest 

record form is available from NMFS and 

must be properly completed and 

certified by a duly authorized official of 

the exporting nation. The COA must 

also be validated by the importer of 

record and submitted to CBP in a format 

specified by NMFS. Nations subject to 

import prohibitions may use their own 

form or aggregate catch documentation, 

if NMFS finds that the provided 

information satisfies all requirements of 

this subpart and is the functional 

equivalent of NMFS’ COA fish harvest 

record form. The COA fish harvest 

record form would include the 

following: information on the fish that 

was harvested and processed; 

information on where and when the fish 

were harvested and/or information on 

the aquaculture facility producing the 

product. The proposed rule specifies 


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that the importer would be required to 

provide all of the required information 

as applicable but may provide the total 

quantity and/or weight of the product(s) 

as landed/delivered and may omit 

certain vessel information (i.e., vessel 

name, vessel authorization, and vessel 

number) for aggregate reporting. This 

flexibility may be desirable for aggregate 

harvests involving multiple small-scale 

fishing vessels that land fish or fish 

products at shore. An exporting nation 

may provide its own report of 

aggregated catch documentation for the 

shipment if it contains all the relevant 

information needed to satisfy this 

subpart. Finally, the NMFS-issued IFTP 

number issued for all IFTP holders 

under 50 CFR 300.322 for the importer 

of record would be required to be 

submitted via the ACE portal. 

Data Required for Entry Into the ACE 

Portal 

Information entered into the ACE 

portal must be complete and accurate 

and must match exactly the information 

provided on the COA fish harvest record 

form or other approved documentation. 

NMFS is working with CBP to automate 

the process in ACE for applying fish 

product trade restrictions, including 

situations when entry is allowed 

through use of the COA. CBP will 

develop functionality within the ACE 

portal to allow NMFS to specify trade 

restrictions for particular fish or fish 

products harvested by and/or exported 

from specific nations. NMFS would also 

specify when those products may be 

entered with a COA fish harvest record 

form documenting that the fish products 

were harvested by a method or in a 

location not subject to the specified 

trade restriction. Specific instructions 

on submitting the electronic message set 

are in the ACE Implementation Guide 

for NMFS incorporated in the 

Appendices to the Customs and Trade 

Automated Interface Requirements 

(CATAIR) appendix PGA (see https://

www.cbp.gov/document/guidance/nmfspga-message-set-guidelines). 

To automate the process of entry 

determination, this proposed rule will 

set forth the types of data elements that 

must be entered at the time of entry, or 

in advance of entry, into the ACE portal 

by the importer of record for each fish 

or fish product designated by NMFS as 

requiring a COA. Automated entry 

processing would facilitate enforcement 

of trade restrictions while also reducing 

the potential for disruptions/delays 

affecting the trade community when 

documents are checked manually. 

ACE automation of the COA data 

would allow for the ability to act more 

quickly in implementing trade 

restrictions and COA requirements at 

entry. Under the MMPA, Moratorium 

Protection Act, and ATCA trade 

restriction provisions, it is envisioned 

that the exporting nation subject to a 

restriction may eventually take the 

necessary corrective action to address 

the issue or issues leading to the trade 

restrictions (e.g., enhanced monitoring 

of fishing vessels, strengthening 

enforcement mechanisms, bycatch 

mitigation, etc.). In response to 

corrective actions, NMFS would lift 

trade restrictions and an update would 

be made accordingly in ACE by CBP 

following guidance and instruction 

provided by NMFS. 

Recordkeeping and Inspections 

This proposed rule would add a new 

requirement, at 50 CFR 300.354, that the 

importer of record retain records of the 

information reported at entry under this 

subpart in electronic or paper format, 

and make them available for inspection 

at the importer’s place of business or 

submit them to NMFS upon request, for 

a period of 2 years from the date of the 

entry. 

Prohibitions 

This proposed rule adds a new 

§ 300.355 setting forth prohibitions that 

it is unlawful for any person subject to 

the jurisdiction of the United States to 

violate any provision of this subpart, or 

the conditions of any IFTP issued under 

this part, and import fish or fish 

products subject to restrictions and 

documentation requirements under the 

MMPA, Moratorium Protection Act, or 

ATCA without a valid IFTP issued 

under 50 CFR 300.322 or without 

submitting complete and accurate 

information and documentation. These 

prohibitions are in addition to the 

prohibitions specified in the MMPA, 

Moratorium Protection Act, and ATCA 

regulations at §§ 216.12(d), 300.4, 

300.325, and 635.71. 

Revisions to the International Trade 

Documentation and Tracking Programs 

Regulations of Subpart Q 

This proposed rule also amends the 

international trade documentation and 

tracking regulations at subpart Q to 

clarify authorities to which the subpart 

applies, correct the citation in the 

definition of International Fisheries 

Trade Permit and make minor 

organizational changes to 50 CFR 

300.322 and 300.323 to improve 

readability. 

Revisions to the MMPA Import 

Regulations 

Under the MMPA, nations that export 

fish or fish products to the United States 

must ensure that their exporting 

fisheries have regulatory programs to 

address the incidental and intentional 

mortality and serious injury of marine 

mammals during the course of 

commercial fishing operations that are 

comparable in effectiveness to those 

required in U.S. fisheries (see 16 U.S.C. 

1371(a)(2) and 50 CFR 216.24(h)). A 

nation that does not receive a 

comparability finding from NMFS for a 

fishery would be subject to trade 

prohibitions for the fish or fish products 

from that fishery. However, shipments 

from that nation may still be allowed if 

accompanied by a COA fish harvest 

record form certified by officials of the 

exporting nation to document that the 

product was not harvested in a fishery 

that did not receive a comparability 

finding. Therefore, NMFS is proposing 

to revise the MMPA regulations at 50 

CFR 216.24(h)(1)(ii)(B) to remove the 

COA requirements from this provision. 

This proposed rule would add a 

reference to 50 CFR part 300, subpart S, 

for COA-related requirements and 

procedures for entry of non-prohibited 

products. 

Revisions to the Moratorium Protection 

Act Regulations 

The Moratorium Protection Act 

contains provisions to negatively certify 

nations for illegal, unreported or 

unregulated (IUU) fishing; bycatch of 

protected living marine resources 

(PLMR); and unsustainable fishing for 

sharks (16 U.S.C. 1826j and 1826k and 

50 CFR 300.202 through 300.204). 

Negatively certified nations may be 

subject to trade restrictions for products 

harvested in the fisheries of concern. 

However, the Moratorium Protection 

Act authorizes alternative procedures 

that allow entry of fish and fish 

products on a shipment by shipment or 

vessel specific basis (16 U.S.C. 

1826j(d)(2) and 1826k(c)(4) and 50 CFR 

300.207 through 300.209). Current 

regulations at 50 CFR 300.207 (IUU 

fishing), 300.208 (PLMR bycatch), and 

300.209 (shark catches) set forth the 

procedures for entry of product from 

negatively certified nations if the 

importer submits a COA fish harvest 

record form validated by the exporting 

nation to document that the fish or fish 

products are not subject to trade 

restrictions. This proposed rule would 

consolidate the alternative procedures 

for relevant fish or fish products from 

negatively certified nations for IUU 

fishing, PLMR bycatch, or shark catch 

into 50 CFR 300.207 and remove 

300.208 and 300.209 as redundant. This 

proposed rule would also refer to 50 

CFR part 300, subpart S, for COAVerDate Sep<11>2014 18:38 Dec 16, 2024 Jkt 265001 PO 00000 Frm 00078 Fmt 4702 Sfmt 4702 E:\FR\FM\17DEP1.SGM 17DEP1

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related requirements and procedures for 

entry of non-prohibited products. 

Revisions to ATCA Regulations 

ATCA authorizes NMFS to make 

determinations under 16 U.S.C. 

971d(c)(4) and (5) that fish subject to 

regulation or investigation by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

are ineligible for entry into the United 

States. Paragraph (c)(4) addresses 

fishing in the ICCAT Convention area in 

such a manner or in such circumstances 

as would tend to diminish the 

effectiveness of ICCAT conservation 

recommendations. Paragraph (c)(5) 

addresses repeated and flagrant fishing 

operations in the Convention area 

which seriously threaten the 

achievement of the objectives of the 

Commission’s recommendations. 

Implementing regulations for these 

provisions are at 50 CFR 635.40. 

The regulations (50 CFR 635.40(a)) 

provide that NMFS, with the 

concurrence of the Secretary of State, 

will publish its findings under 16 U.S.C. 

971d(c)(4) or (5) in the Federal Register. 

Upon filing, all shipments of fish in any 

form of the species found to be 

ineligible will be denied entry unless a 

particular shipment is accompanied by 

a certificate of eligibility (COE), 50 CFR 

635.40(b), which provides satisfactory 

proof that the shipment of fish is 

eligible for entry. This proposed rule 

revises 50 CFR 635.40(b) to replace the 

COE with the COA and refer to 50 CFR 

part 300, subpart S, for COA-related 

requirements and procedures for entry 

of non-prohibited products. 

Response to Comments on Advance 

Notice of Proposed Rulemaking 

NMFS published an Advance Notice 

of Proposed Rulemaking (ANPR) to alert 

the trade community of the intention to 

automate entry of the COA in ACE and 

to seek comment on the data 

programming needs on the part of the 

trade (87 FR 44078, July 25, 2022). 

NMFS received six comments in 

response to the ANPR from various 

trade, fishing industry, and 

environmental non-governmental 

organizations and has considered them 

in the development of this proposed 

rule. Some comments go beyond the 

scope of this rulemaking, which is 

solely focused on automated entry filing 

of COA related to import prohibitions 

under the MMPA, Moratorium 

Protection Act, or ATCA. A summary of 

the relevant comments and responses 

follows. 

Comment 1: Commenters suggested 

that NMFS should create a separate and 

independent reporting system similar to 

the toothfish pre-approval application; 

then only the approval number will 

need to be submitted by the importer to 

ACE. 

Response: The toothfish preapproval 

system is unique in that there is a 

relatively small number of toothfish 

shipments that are also covered by the 

centralized catch documentation system 

adopted by the Commission for the 

Conservation of Antarctic Marine Living 

Resources (CCAMLR). NMFS has 

determined that because the majority of 

fish or fish products subject to potential 

trade prohibitions are not covered by a 

centralized catch documentation 

system, as adopted by CCAMLR, the 

COA is an appropriate process to 

facilitate entry of non-prohibited fish or 

fish products that are from a nation 

subject to an import prohibition under 

the MMPA, Moratorium Protection Act, 

or ATCA. Therefore, NMFS is not 

implementing this suggestion. 

Comment 2: Commenters suggested 

that NMFS should harmonize the 

information set called for by the COA 

fish harvest record form and other 

information collection programs for 

importing fish or fish products, such as 

highly migratory species, tuna tracking, 

seafood import monitoring, and 

Antarctic resources programs. 

Response: Some trade restrictions 

may be temporary and require specific 

harvest data to narrowly target the 

fishing activity of concern, while other 

trade monitoring programs have 

information requirements that are 

agreed multilaterally and are more 

durable. As the longevity of trade 

restrictions and scope of information to 

be collected varies substantially, it is 

not feasible to harmonize the 

information set collected by all import 

programs. Therefore, NMFS is not 

implementing this suggestion because 

the proposed solution to harmonize 

information sets with other trade 

programs does not align with the 

temporal or substantive scope of this 

proposed rule. 

Comment 3: Commenters suggested 

that NMFS should use the Seafood 

Import Monitoring Program to achieve 

electronic reporting as needed for COA 

with minimal disruption to industry/ 

current practices. 

Response: NMFS disagrees. Not all 

seafood products are currently included 

in the Seafood Import Monitoring 

Program and trade restrictions may need 

to be targeted on a range of fish or fish 

products produced by specific fishing 

gear/methods/areas. Also, trade 

restrictions requiring use of the COA 

may be temporary depending on 

responsive actions taken by the 

exporting nation. Similar to Comment 3, 

NMFS is not implementing this 

approach because the seafood products 

covered by the Seafood Import 

Monitoring Program do not align with 

all of the potential fish and fish 

products that could be subject to trade 

restrictions under this proposed rule. 

Comment 4: Commenters suggested 

that NMFS should include all seafood 

imports in the COA program and ensure 

products produced as a result of forced 

labor are prohibited. NMFS should use 

the COA to require affirmation of 

compliance with applicable labor laws 

and treaties. 

Response: NMFS disagrees. Under the 

MMPA, Moratorium Protection Act, and 

ATCA, the U.S. Government may deny 

entry of fish and fish products under 

certain conditions. The COA provides a 

means for allowing entry of fish and fish 

products that were not harvested under 

those conditions. Therefore, including 

all seafood imports in the COA program 

is outside the scope of this regulatory 

action. 

Comment 5: Commenters suggested 

that NMFS should fully digitize the 

COA data reporting into ACE (no paper 

forms). 

Response: NMFS disagrees. ACE is 

designed to receive a prescribed format 

message set for use by CBP and other 

partner government agencies. Creating a 

data entry interface for the COA within 

ACE would require a major change in 

functionality and would affect all 

partner government agency programs. In 

addition, the use of the paper form is 

critical to ensure nations certify that the 

fish or fish products in the subject 

shipment are not subject to U.S. import 

restrictions pursuant to the cited 

authorities. As described in more detail 

in comment 6 below, NMFS disagrees 

that this is a practical solution given the 

number of nations that export fish or 

fish products into the United States. 

Requiring a fully digital interface would 

require some government-to-government 

interface which is not feasible (see 

NMFS’s response to question 6 below). 

The paper form is therefore critical for 

NMFS’ validation of trade events as 

there would otherwise be no 

certification from the foreign 

government. 

Comment 6: One commenter 

recommended that NMFS adopt a 

government-to-government approach to 

allow electronic transfers of the catch 

certificate. Another commenter stated 

that foreign nations that have electronic 

catch documentation systems in place 

can certify admissibility through their 

systems and can provide documents/ 

certificates to NMFS that have less 

exposure to fraud or misrepresentation. 


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Response: NMFS disagrees. The U.S. 

imports seafood from over 130 nations. 

Developing a system for catch 

certification that could be supported by 

all nations would require considerable 

time and resources and is beyond the 

scope of this rulemaking. As proposed, 

the COA fish harvest record form 

requires validation by the exporting 

nation. Additionally, this proposed rule 

specifies that nations subject to import 

prohibitions may use their own form or 

aggregate catch documentation if NMFS 

finds that the provided information 

satisfies all requirements of this subpart 

and is the functional equivalent of 

NMFS’ COA fish harvest record form. 

Thus, under the provisions in this 

proposed rule, nations with electronic 

catch certificates could work with 

NMFS to see if the COA program 

requirements can be met through use of 

their electronic catch documentation 

system. 

Comment 7: One commenter 

suggested that the automated COA 

should not become a redundant message 

set layered over the current NOAA 

message sets used for other trade 

monitoring programs. 

Response: NMFS agrees, but it cannot 

anticipate all of the situations that may 

lead to a trade restriction based on the 

concerns about particular foreign 

fisheries under various statutory 

authorities. Likewise, the particular fish 

or fish products subject to trade 

restrictions cannot be determined in 

advance of a determination about the 

fishery of concern. A situation may arise 

in which fish or fish products subject to 

COA are also subject to other NMFS 

trade monitoring programs. Customs 

brokers and importers should therefore 

work with their software developers to 

avoid repetitive data entry of common 

elements while generating the 

individual ACE message sets for each 

respective NMFS program applicable to 

the particular shipment. 

Comment 8: One commenter 

recommended carrying out a pilot 

program with selected importers and 

brokers for troubleshooting purposes. 

Response: NMFS is actively working 

with CBP to develop the reference files, 

message set requirements, and business 

rules in ACE for the COA. Once this 

work is completed in the ACE 

certification environment, automation of 

the COA can be tested against the 

current COA requirements for Mexico. 

NMFS will continue work with CBP and 

the trade community to provide 

adequate time for testing even after the 

program is deployed to the ACE 

production environment. This approach 

therefore allows for preliminary testing. 

Preliminary testing could provide 

insights into any issues or adjustments 

that need to be made to the program. 

Comment 9: Commenters inquired 

whether product(s) imported into the 

United States on or after the effective 

date of a trade restriction but harvested 

before that date are also subject to the 

requirement for a COA. 

Response: The COA requirements 

would pertain to U.S. importers upon 

the effective date of the trade restriction. 

Importers would then have to report 

certain data for the product pertaining 

to the time, place, and circumstances of 

harvest. Importers that provide a 

reported harvest date prior to the 

effective date of the trade restriction on 

the COA fish harvest record form and 

through the ACE portal would be 

allowed to offer their fish or fish 

product for entry. 

Comment 10: Commenters inquired if 

the foreign nation Harmonized System 

(HS) Codes be used for products instead 

of the U.S. Harmonized Tariff Schedule 

Numbers on the COA form. 

Response: U.S. importers must specify 

10-digit codes based on the U.S. 

Harmonized Tariff Schedule (HTSUS), 

which also comports with the World 

Customs Organization. NMFS will 

notify trade restrictions to exporting 

nations and to CBP by indicating 

affected HTSUS codes for the products 

restricted from the specific country of 

origin. As proposed in this rule, if a U.S. 

importer files an entry that matches a 

specified combination of HTSUS code 

and country of origin, the COA 

information will be required. If the 

information provided by the COA fish 

harvest record form and inputted into 

the ACE portal shows that the harvest 

meets admissibility criteria, the entry 

will be processed and shipment 

released. If COA data are missing or 

invalid or indicate the fish products are 

inadmissible, the entry will be rejected. 

Foreign exporters should work with 

U.S. importers to clarify the HTSUS 

code that is applicable to the fish 

product offered for entry. That HTSUS 

code will determine whether the entry 

will be subject to the COA data 

requirement. U.S. importers are required 

to file entries under the applicable 

HTSUS codes and are subject to 

penalties should they intentionally 

misrepresent information about a 

shipment to avoid CBP or other U.S. 

Federal Agency information 

requirements. See additional HTSUS 

information at: https://hts.usitc.gov/ 

current. 

Comment 11: Multiple comments 

addressed that, in some nations, export 

product may be derived from aggregate 

fisheries involving several vessels. 

These nations may make use of a 

grouping feature for the issuance of 

simplified catch certificates that will not 

provide the details for each vessel 

involved in a certified catch but will 

keep all the information behind the 

certificate available in the database. The 

question was posed whether entering 

the name of the grouping of vessels 

rather than each vessel individually 

would be acceptable to meet the 

requirements for the COA procedures. 

Response: Under the proposed rule, 

NMFS would consider the use of foreign 

nation catch certificates provided they 

meet the requirement to certify 

admissibility relative to the trade 

restriction that is imposed. In addition, 

the proposed rule allows certain vessel 

information (i.e., vessel name, vessel 

authorization, and vessel number) to be 

omitted in aggregate reporting. NMFS 

seeks further comment on the issue of 

vessel identifiers and grouping so that 

trade prohibitions can be effectively 

enforced while minimizing the burden 

to the exporting nation and the trade 

community. 

Comment 12: Commenters inquired 

whether a list of all the duly authorized 

officials who may certify fish products 

listed on a COA fish harvest record form 

meet the specifications on the form 

would be made publicly available and 

whether this list includes the duly 

authorized officials from all exporting 

nations for which a requirement for 

COA fish harvest record form is in 

place. 

Response: To date, the COA program 

has been applied under MMPA 

authority only to certain Mexican 

fisheries operating in the Upper Gulf of 

California with fishing gear that 

interacts with the endangered vaquita 

porpoise and to certain New Zealand 

fisheries operating off the west coast of 

North Island with fishing gear that 

interacts with the endangered Maui 

dolphin. NMFS worked with Mexico to 

identify officials authorized to certify 

the harvest information presented on 

the COA fish harvest record form. To 

assist Mexican exporters and U.S. 

importers in identifying and contacting 

the authorized officials, NMFS 

published the list. New Zealand sought 

and received approval from NMFS to 

use a form generated from that nation’s 

electronic catch certification system. 

Because the New Zealand catch 

certificate system is restricted to 

authorized users, there was no need to 

publish a list of officials authorized to 

validate the COA. 

For each situation where products of 

a particular fishery from a nation are 

subject to an import restriction, NMFS 

will work with the nation to determine 

how the COA program may be applied 


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to avoid disruption to legitimate trade in 

admissible products. NMFS will 

consider the benefits to the trade 

community of posting information about 

authorizing officials from the nation. 

NMFS will coordinate with the relevant 

nation in considering whether to 

publish a list of authorized officials. 

NMFS seeks further comment on the 

COA provisions from the trade 

community affected by the current 

MMPA trade restrictions on certain fish 

products from Mexico. NMFS also seeks 

comments from exporters, importers, 

and customs brokers of fish or fish 

products who are subject to reporting 

requirements at entry through the ACE 

portal. In addition, NMFS seeks 

comments from software developers 

who develop programs for trade 

community computer systems to 

interface with ACE. 

NMFS is interested in any additional 

comments or suggestions for improving 

the implementation of the COA 

provisions pursuant to regulations 

issued under parts 216 (MMPA), 300 

(Moratorium Protection Act), and 635 

(ATCA). 

Classification 

This rulemaking is published under 

the authority of the MMPA (16 U.S.C. 

1361 et seq.), the Moratorium Protection 

Act (16 U.S.C. 1826d-k), and ATCA (16 

U.S.C. 971 et seq.) The NMFS Assistant 

Administrator has determined that this 

proposed rule is consistent with the 

above referenced statutes and other 

applicable law, subject to further 

consideration after public comment. 

Under the MMPA, Moratorium 

Protection Act, and ATCA, certain fish 

or fish products are to be prohibited 

from entry into the United States if 

fishing practices from exporting nations 

or the nation’s actions in regulating 

certain fisheries result in unsustainable 

fishing practices (see 16 U.S.C. 

1371(a)(2); 16 U.S.C. 1826j(d)(3)(A); 16 

U.S.C. 1826k(c)(5); and 16 U.S.C. 

971d(c)(4) and (5)). Each of the 

aforementioned statutes includes 

provisions authorizing the Secretary of 

Commerce to implement alternative 

procedures to ensure non-prohibited 

products can continue to enter the 

United States (see 16 U.S.C. 

1371(a)(3)(A); 16 U.S.C. 1826j(d)(2); 16 

U.S.C. 1826k(c)(4); and 16 U.S.C. 

971d(c)(3)(1)(H)). This proposed 

regulation consolidates the existing 

alternative procedures for entry 

regulations in a new subpart S to allow 

entities seeking to import nonprohibited fish and fish products into 

the United States to easily locate 

documentation requirements (i.e., the 

COA) that must accompany such 

shipments. This proposed regulation 

also updates the existing regulations 

and includes procedures for automating 

the alternative entry procedures through 

electronic submission of required data 

through the ACE portal. Providing for 

electronic submission of required data 

accompanying non-prohibited products 

would allow more rapid entry of these 

products into the United States. The 

automated entry filing of the COA via 

electronic message set through the ACE 

portal therefore allows NMFS to adhere 

to our statutory obligations as described 

in this paragraph while meeting our 

policy goal of minimizing disruption of 

lawful trade. 

Executive Order 12866 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

Regulatory Flexibility Act 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The proposed amendments to the 

COA include the following amendment 

of importer permitting, reporting and 

recordkeeping, and entry filing 

requirements in situations where the 

COA fish harvest record form is 

required; and allowance of the use of 

forms generated by a foreign nation or 

aggregate catch documentation, if 

approved by NMFS. 

The Small Business Administration 

(SBA) has established size criteria for all 

major industry sectors in the United 

States, including seafood wholesalers. 

According to SBA regulations at 13 CFR 

121.201, the small business size 

standards identified by North American 

Industry Classification System (NAICS) 

codes classify a business involved in 

fish and seafood wholesale trade as a 

small entity if it has under 100 

employees (NAICS code 424460, Fish 

and Seafood Merchant Wholesalers) for 

all its affiliated operations worldwide. 

The rulemaking will also have 

incidental impacts on trade agents and 

brokers (NAICS code 425120, Wholesale 

Trade Agents And Brokers), who may be 

responsible for some of the data entry 

burden but we assume this cost will be 

fully passed on to the wholesaler. As of 

the 2021 Census Bureau report, there 

were 1,873 firms categorized by NAICS 

code 424460 with a combined total 

annual payroll of $1.2 billion. Revenue 

information is available from the 2017 

Economic Census, at which time the 

total category revenue was $17.9 billion. 

We estimate that 100 firms will be 

impacted by the rulemaking. According 

to the 2021 County Business Patterns, 

98 percent of businesses categorized by 

NAICS code 424460 have fewer than 

100 employees and therefore qualify as 

small entities. Therefore, we assume 

that the rulemaking will apply to 98 

small entities. 

The economic impact of the 

rulemaking is the associated labor 

burden, paperwork maintenance, and 

permit fee. Specifically, the firms must 

certify certain information using the 

COA fish harvest record form, submit 

data to ACE both before and after 

release, acquire an International 

Fisheries Trade Permit, maintain the 

required records, and respond to any 

requests for verification. A detailed 

breakdown of these burdens is included 

in the Paperwork Reduction Act (PRA) 

supporting statement and the Regulatory 

Impact Review, with the total increase 

in burden from the information 

collection estimated to be $54,899.77 for 

the impacted firms. This increase is due 

to new requirements for submission of 

an electronic message set to the ACE 

portal, obtaining an IFTP, and 

maintaining records for 2 years. The 

increase was calculated by omitting the 

elements associated with the previous 

reporting requirements from the burden 

summation. Averaged across the 100 

impacted firms, the burden is 

approximately $549 for each firm. 

The rulemaking will apply to firms 

importing certain seafood with the 

species/country pair that falls under 

import restrictions. There is no reason 

to believe this rulemaking will apply 

disproportionately to small or large 

firms. If anything, there is likely to be 

a proportional effect, with larger 

wholesalers both more likely to import 

covered products and likely to import 

more of such products. To estimate the 

impact of the rulemaking on 

profitability, we estimate an average 

revenue from the 2017 Economic 

Census and adjust it for inflation. Due 

to the uncertainty regarding the size and 

income level of impacted firms, we take 

a conservative approach to estimating 

the average revenue. There were 410 

firms (21.6 percent of the category) with 

an enterprise size below $500,000 

which combined to report $92.7 million 

in revenue, which equates to $118.2 

million after accounting for inflation 

calculations based on the Bureau of 

Labor Statistics (BLS) inflation 

calculator, using December 2017 to May 

2024 as the reference dates. This implies 

an average revenue of $288,292 per firm, 

of which the $549 burden represents 0.2 

percent of the total revenue. This is a 

conservative estimate of the impact, 


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having included only the lowest-earning 

21.6 percent of firms. 

Based on this calculation, we 

conclude that the regulation will not 

have a significant economic effect on 

the impacted small entities, and 

therefore an initial regulatory flexibility 

analysis is not required and none has 

been prepared. 

Paperwork Reduction Act 

Section 603(b)(4) of the RFA requires 

agencies to describe any new reporting, 

recordkeeping and other compliance 

requirements. NMFS proposes a 

revision to a currently approved 

collection-of-information requirement 

that is subject to OMB review and 

approval under the Paperwork 

Reduction Act (OMB control number 

0648–0651). The proposed revisions to 

the collection-of-information would 

expand the data elements to be collected 

from the exporting nation regarding the 

fishing activity that produced the fish or 

fish product in the export shipment. 

Further, the proposed revisions to the 

collection-of-information would require 

U.S. entry filers (customs brokers, 

importer of record) to file a NMFSspecific message set in the ACE portal 

that provides sufficient information to 

determine that the fish in the shipment 

were not harvested under circumstances 

subject to an import prohibition. 

The revised collection-of-information 

burden, as proposed under this rule, is 

estimated to be an increase of 

$54,899.77 across all affected entities. 

This increase is due to new 

requirements for submission of an 

electronic message set to the ACE portal, 

obtaining an IFTP, and maintaining 

records for 2 years. The increase was 

calculated by omitting the elements 

associated with the previous reporting 

requirements from the burden 

summation. Details on the burden 

associated with these requirements and 

methodology used to calculate the total 

burden increase can be found in the 

Supporting Statement for the Paperwork 

Reduction Act at: https://

www.regulations.gov/docket/NOAANMFS-2022-0057. 

NMFS anticipates that neither U.S. 

entities nor foreign entities would be 

significantly affected by this action. 

Many of the data elements to be 

submitted electronically through this 

collection-of-information to gain release 

of shipments from port are, to some 

extent, either already collected under 

the existing fishery monitoring 

programs, collected pursuant to national 

or international trade tracking or catch 

documentation requirements, or 

collected in support of third-party 

certification schemes voluntarily 

adopted by the trade. The COA form is 

already required for entry of nonprohibited product from nations subject 

to import restrictions. The minimal 

increase to burden relates primarily to 

the submission of an electronic message 

set to the ACE portal, obtaining an IFTP, 

and maintaining records for 2 years. 

The information collection 

requirement under this proposed rule 

intends to minimize any potential 

overlap with other reporting 

requirements. 

NMFS specifically seeks comments on 

the burden estimates or any other 

aspects of the new collection of 

information. Please send such 

comments to the Office of International 

Affairs, Trade, and Commerce at the 

ADDRESSES above, and by submission to 

Information Collection Review at: 

https://www.reginfo.gov/public/do/ 

PRAMain. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act, unless that collection of 

information displays a currently valid 

OMB control number. 

List of Subjects 

50 CFR Part 216 

Administrative practice and 

procedure, Exports, Fish, Imports, 

Indians, Labeling, Marine mammals. 

50 CFR Part 300 

Administrative practice and 

procedure, Antarctica, Canada, Exports, 

Fish, Fisheries, Fishing, Imports, 

Indians, Labeling, Marine resources, 

Reporting and recordkeeping 

requirements, Russian Federation, 

Transportation, Treaties, Wildlife. 

50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Statistics, Treaties. 

Dated: December 6, 2024. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS proposes to amend 50 

CFR parts 216, 300, and 635 as follows: 

PART 216—REGULATIONS 

GOVERNING THE TAKING AND 

IMPORTING OF MARINE MAMMALS 

■ 1. The authority citation for part 216 

continues to read as follows: 

Authority: 16 U.S.C. 1361 et. seq., unless 

otherwise noted. 

■ 2. In § 216.24, revise paragraphs 

(h)(1)(ii)(B) and (h)(9)(iii)(A) and 

remove paragraph (h)(9)(iii)(D) to read 

as follows: 

§ 216.24 Taking and related acts in 

commercial fishing operations including 

tuna purse seine vessels in the eastern 

tropical Pacific Ocean. 

* * * * * 

(h) * * * 

(1) * * * 

(ii) * * * 

(B) Is not accompanied by a 

Certification of Admissibility (COA) fish 

harvest record form where such 

certification is required pursuant to 

paragraph (h)(9)(iii) of this section. 

* * * * * 

(9) * * * 

(iii) Certification of Admissibility. (A) 

If fish or fish products of a nation are 

subject to an import prohibition under 

paragraph (h)(1) or (9) of this section, 

the Assistant Administrator may allow 

entry of the same or similar fish and fish 

products caught or harvested in another 

fishery of that nation not subject to the 

prohibition if accompanied by a COA 

fish harvest record form pursuant to the 

procedures and requirements specified 

in 50 CFR part 300, subpart S. 

* * * * * 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

Subpart N—Identification and 

Certification of Nations 

■ 3. The authority for subpart N 

continues to read as follows: 

Authority: 16 U.S.C. 1826d et seq. 

■ 4. Revise § 300.207 to read as follows: 

§ 300.207 Alternative procedures for 

products not subject to trade restrictions 

under this subpart. 

(a) As provided under 16 U.S.C. 1826j 

and 1826k, fish or fish products from a 

negatively certified nation (§ 300.202, 

§ 300.203, or § 300.204) that are 

prohibited for entry (§ 300.205) may be 

allowed entry into the United States on 

a shipment-by-shipment, shipper-byshipper, or other basis, if the product 

was not harvested through the fishing 

activity for which the nation was 

negatively certified. 

(b) To facilitate entry of products 

under paragraph (a) of this section, fish 

or fish products from a negatively 

certified nation must be accompanied 

upon entry by a Certification of 

Admissibility (COA) fish harvest record 

form pursuant to the procedures and 

requirements specified in subpart S of 

this part. 


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(c) Any trade action recommended 

and applied under this section shall be 

consistent with international 

obligations, including the WTO 

Agreement. 

§§ 300.208 and 300.209 [Removed] 

■ 5. Remove §§ 300.208 and 300.209. 

Subpart Q—International Trade 

Documentation and Tracking 

Programs 

■ 6. The authority for subpart Q is 

added to read as follows: 

Authority: 6 U.S.C. 901 et seq.; 16 U.S.C. 

951–961;16 U.S.C. 971 et seq.; 16 U.S.C. 

1361–1407; 16 U.S.C. 1385; 16 U.S.C. 1801 et 

seq.; 16 U.S.C. 1826a–c; 16 U.S.C. 1826d–k; 

16 U.S.C. 2431 et seq.; 16 U.S.C. 3371 et seq.; 

16 U.S.C. 5501 et seq.; 22 U.S.C. 1978; 31 

U.S.C. 9701 et seq. 

■ 7. Revise § 300.320 to read as follows: 

§ 300.320 Purpose and scope. 

The regulations in this subpart are 

issued under the authority of the 

Atlantic Tunas Convention Act of 1975 

(ATCA), the Magnuson-Stevens Fishery 

Conservation and Management Act, the 

Tuna Conventions Act of 1950, and the 

Antarctic Marine Living Resources 

Convention Act of 1984. This subpart 

implements the applicable 

recommendations of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT) for the 

conservation and management of tuna 

and tuna-like species in the Atlantic 

Ocean, the Inter-American Tropical 

Tuna Commission (IATTC) for the 

conservation and management of highly 

migratory fish resources in the eastern 

Pacific Ocean, and the Commission for 

the Conservation of Antarctic Marine 

Living Resources so far as they affect 

vessels and persons subject to the 

jurisdiction of the United States. The 

regulations under this subpart are also 

issued under the Marine Mammal 

Protection Act of 1972, the Dolphin 

Protection Consumer Information Act, 

the High Seas Driftnet Fisheries 

Enforcement Act, the High Seas Driftnet 

Fishing Moratorium Protection Act, and 

the Security and Accountability for 

Every Port Act of 2006. Other relevant 

authorities include the Pelly 

Amendment to the Fishermen’s 

Protective Act and the Lacey Act. The 

requirements in this subpart may be 

adopted by reference in other 

regulations under this title. 

■ 8. In § 300.321, revise the definition 

for ‘‘International Fisheries Trade 

Permit’’ to read as follows: 

§ 300.321 Definitions. 

* * * * * 

International Fisheries Trade Permit (or 

IFTP) means the permit issued by NMFS 

under § 300.322. 

* * * * * 

■ 9. In § 300.322, revise paragraph (a) to 

read as follows: 

§ 300.322 International Fisheries Trade 

Permit. 

(a) General. Any person who imports 

(as defined in § 300.321) exports, or reexports fish or fish products regulated 

under this subpart from any ocean area, 

must possess a valid International 

Fisheries Trade Permit (IFTP) issued 

under this section. Fish or fish products 

regulated under this subpart may not be 

imported into, or exported or reexported from, the United States unless 

the IFTP holder files electronically the 

documentation and the data sets 

required under this subpart with U.S. 

Customs and Border Protection (CBP) 

via ACE at the time of, or in advance of, 

importation, exportation or reexportation. If authorized under other 

applicable laws and regulations, a 

representative or agent of the IFTP 

holder may make the electronic filings 

on behalf of the IFTP holder. Only 

persons residing in the United States are 

eligible to apply for the IFTP. A resident 

agent of a nonresident corporation (see 

19 CFR 141.18) may apply for an IFTP. 

* * * * * 

■ 10. In § 300.323, revise paragraph (a) 

to read as follows: 

§ 300.323 Reporting and recordkeeping 

requirements. 

(a) Reporting. Any person who 

imports, exports, or re-exports fish or 

fish products regulated under this 

subpart must file all data sets, reports, 

and documentation as required under 

the AMLR program, HMS ITP, TTVP 

and SIMP, and under other regulations 

that adopt by reference the requirements 

of this subpart. For imports, specific 

instructions for electronic filing are 

found in Customs and Trade Automated 

Interface Requirements (CATAIR) 

appendix PGA (https://www.cbp.gov/ 

document/guidance/appendix-pga). For 

exports, specific instructions for 

electronic filing are found in Automated 

Export System Trade Interface 

Requirements (AESTIR) appendix Q 

(https://www.cbp.gov/document/ 

guidance/aestir-draft-appendix-q-pgarecord-formats). For fish and fish 

products regulated under this subpart, 

an ACE entry filing or AES export filing, 

as applicable, is required, except in 

cases where CBP provides alternate 

means of collecting NMFS-required data 

and/or document images. 

* * * * * 

■ 11. Add subpart S, consisting of 

§§ 300.350 through 300.355, to read as 

follows: 

Subpart S—Certification of Admissibility 

Sec. 

300.350 Purpose and scope. 

300.351 Definitions. 

300.352 International Fisheries Trade 

Permit requirement. 

300.353 Certification of Admissibility 

procedures. 

300.354 Recordkeeping and inspections. 

300.355 Prohibitions. 

Authority: 16 U.S.C. 971 et seq., 16 U.S.C. 

1371 et seq., 16 U.S.C. 1826j and 1826k. 

Subpart S—Certification of 

Admissibility 

§ 300.350 Purpose and scope. 

The regulations in this subpart are 

issued under the authority of the Marine 

Mammal Protection Act (MMPA), the 

High Seas Driftnet Fishing Moratorium 

Protection Act (Moratorium Protection 

Act), and the Atlantic Tunas Convention 

Act (ATCA). This subpart implements 

the applicable requirements for 

Certification of Admissibility (COA) of 

fish and fish products otherwise subject 

to import prohibitions under the 

relevant statutory authority. The 

requirements in this subpart may be 

adopted by reference in other 

regulations under this title. 

§ 300.351 Definitions. 

Automated Commercial Environment 

(ACE) means, for purposes of this 

subpart, the single window portal 

through which import shipment data 

required by multiple partner 

government agencies is filed 

electronically with the U.S. Customs 

and Border Protection (CBP) to 

determine product admissibility. 

Certification of Admissibility (COA) 

means the attestation that the fish or 

fish products offered for entry into the 

United States are not subject to any 

import prohibitions issued pursuant to 

50 CFR 216.24(h), 300.205, or 635.40. 

The COA consists of the fish harvest 

record form available from NMFS or the 

comparable form or aggregate catch 

documentation, issued by the exporting 

nation for the purposes of documenting 

admissibility under this subpart if 

NMFS finds that the provided 

information satisfies all requirements of 

this subpart. The COA also includes the 

submission of electronic data from that 

form into the ACE portal as required 

under § 300.353(c). 

Fish or fish products means the fish 

species and products containing those 

species subject to import prohibitions 

under 50 CFR part 216, subpart N of this 

part, and 50 CFR part 635, subpart D, 


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and to which admissibility 

documentation and reporting 

requirements pertain. 

Import has the same meaning as in 16 

U.S.C. 1802(22). Import includes, but is 

not limited to, customs entry for 

consumption, withdrawal from customs 

bonded warehouse for consumption, or 

entry for consumption from a foreign 

trade zone. 

International Fisheries Trade Permit 

(or IFTP) means the permit issued by 

NMFS under § 300.322. 

§ 300.352 International Fisheries Trade 

Permit requirement. 

Any person who imports as defined in 

§ 300.321 fish or fish products for which 

a COA fish harvest record form is 

required under 50 CFR 216.24(h), 

300.207, or 635.40, must possess a valid 

International Fisheries Trade Permit 

(IFTP) issued under § 300.322. 

§ 300.353 Certification of Admissibility 

procedures. 

Fish or fish products for which a COA 

is required under 50 CFR 216.24(h), 

300.207, or 635.40 will be denied entry 

unless the importer of record files 

electronically, at the time of, or in 

advance of importation, the data sets 

and documentation required under this 

subpart with U.S. Customs and Border 

Protection (CBP) via the ACE portal. All 

such products regardless of value are 

subject to the requirements of this 

subpart, notwithstanding any CBP 

exemptions. NMFS may allow entry of 

such products if the shipments are 

accompanied by a COA fish harvest 

record form or other approved 

documentation (paragraph (a) of this 

section); the importer of record enters 

required data (paragraph (c) of this 

section) via the CBP ACE portal at the 

time of entry; and the importer of record 

uploads a copy of the COA or other 

approved form via the ACE portal 

within 24 hours of release of the 

product by CBP (paragraph (d) of this 

section). 

(a) COA fish harvest record form. The 

COA fish harvest record form is 

available from NMFS and must be 

properly completed and signed by a 

duly authorized official of the exporting 

nation whose fishery is subject to an 

import prohibition. The COA fish 

harvest record form must also be 

validated and signed by the importer of 

record and submitted to NMFS in a 

format specified by NMFS. Nations 

subject to import prohibitions may use 

their own form or aggregate catch 

documentation, in lieu of the COA fish 

harvest record form, if NMFS finds that 

it satisfies all requirements of this 

subpart and the COA fish harvest record 

form. 

(b) COA fish harvest record form 

information required. The following 

data must be included, unless otherwise 

noted in paragraphs (b)(1) and (2) of this 

section, in the COA fish harvest record 

form, or other approved form: 

(1) For all fish or fish products: 

Species of fish (Aquatic Sciences 

Fishery Information System 3-alpha 

code as listed at: https://www.fao.org/); 

Product form(s) at the point of first 

landing whether unprocessed or 

processed prior to landing/delivery; 

Quantity and/or weight of the product(s) 

as landed/delivered (total quantity and/ 

or weight of the product(s) as landed/ 

delivered may be provided for aggregate 

reporting); Location(s) of first landing, 

transshipment or delivery; Date(s) of 

first landing, transshipment or delivery; 

Name of entity(ies) (processor, dealer, 

vessel) to which fish was landed or 

delivered; 10-digit codes based on the 

U.S. Harmonized Tariff Schedule 

(HTSUS). 

(2) Capture and gear information for 

wild harvest: Type(s) of fishing gear 

used to harvest the fish; Area(s) of wildcapture location; Flag state of harvesting 

vessel(s). Vessel information (may be 

omitted in aggregate reporting): Name of 

vessel(s); Evidence of fishing 

authorization; Unique vessel 

identifier(s) (if available). 

(3) Aquaculture information: Name(s) 

of farm or aquaculture facility; location 

of aquaculture facility. 

(4) The NMFS-issued IFTP number for 

the importer of record and the U.S. 

customs entry number. 

(c) COA data required at the time of 

entry. The importer of record must 

electronically file via the ACE portal the 

documentation and data from the COA 

fish harvest record form (or other 

approved documentation) at the time of, 

or in advance of, the import of fish or 

fish products as required under this 

subpart to determine admissibility. 

Information entered into the ACE portal 

must be complete and accurate and 

must match exactly the information 

provided on the COA fish harvest record 

form or other approved documentation. 

Specific instructions on submitting the 

required data sets and document images 

are in the ACE Implementation Guide 

for NMFS incorporated in the 

Appendices to the Customs and Trade 

Automated Interface Requirements 

(CATAIR) appendix PGA (https://

www.cbp.gov/document/guidance/nmfspga-message-set-guidelines). An ACE 

entry filing is required for applicable 

fish or fish products regardless of 

shipment value. 

(d) Submission of COA fish harvest 

record form. Within 24 hours of the 

release of the product by CBP, the 

importer of record must submit a copy 

of the COA fish harvest record form, or 

other approved documentation, with the 

U.S. customs entry number noted via 

the Document Image System for the ACE 

portal. Prior to submission, the importer 

of record must validate that the contents 

of the shipment were accurately 

described on the COA fish harvest 

record form and all relevant parties 

(including the importer of record) have 

signed the form as per this subpart. 

Additional data reporting requirements 

under other U.S. laws or regulations 

may apply to the particular fish or fish 

product offered for entry. 

§ 300.354 Recordkeeping and inspections. 

Import shipments of fish or fish 

products subject to this subpart may be 

selected for inspection and/or the 

information or records supporting entry 

may be selected for inspection, on a preor post-release basis, in order to verify 

the information submitted at entry. To 

support such inspections, the importer 

of record must retain records of the 

information reported at entry under 

§ 300.353 in electronic or paper-format 

and make them available for inspection 

at the importer’s place of business or 

submit them to NMFS upon request, for 

a period of 2 years from the date of the 

import. 

§ 300.355 Prohibitions. 

In addition to the prohibitions 

specified in 50 CFR 216.12(d), 300.4, 

300.325, and 635.71, it is unlawful for 

any person subject to the jurisdiction of 

the United States to: 

(a) Violate any provision of this 

subpart, or the conditions of any IFTP 

issued under this part; 

(b) Import fish or fish products subject 

to restrictions and documentation 

requirements under 50 CFR part 216 or 

subpart N of this part or 50 CFR part 

635, subpart D, without a valid IFTP 

issued under § 300.322 or without 

submitting complete and accurate 

information and documentation that are 

required under this subpart and 

applicable to the fish or fish products 

offered for entry. 

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES 

■ 12. The authority citation for part 635 

continues to read as follows: 

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 

1801 et seq. 

■ 13. In § 635.40, revise paragraph (b) to 

read as follows: 


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102100 Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Proposed Rules 

§ 635.40 Restrictions to enhance 

conservation. 

* * * * * 

(b) Proof of admissibility. For the 

purposes of paragraph (a) of this section 

and section 971d(6)(a) of ATCA, a 

shipment of fish in any form of the 

species under regulation or under 

investigation by ICCAT offered for 

entry, directly or indirectly, from a 

country named in a finding filed with 

the Office of the Federal Register for 

publication under paragraph (a) of this 

section is eligible for entry if the 

shipment is accompanied by 

Certification of Admissibility (COA) fish 

harvest record form pursuant to the 

procedures and requirements specified 

in 50 CFR part 300, subpart S, certifying 

that the fish in the shipment: 

(1) Are not of the species specified in 

the finding; 

(2) Are of the species named in the 

finding, but were not taken in the 

regulatory area; or 

(3) Are of the species named in the 

finding but are products of an American 

fishery and were lawfully taken in 

conformity with applicable conservation 

laws and regulations and landed in the 

country named in the finding solely for 

transshipment. 

* * * * * 

[FR Doc. 2024–29238 Filed 12–16–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 241210–0322] 

RIN 0648–BN22 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Fishery 

Management Plan of Puerto Rico; 

Triggerfish Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to implement 

management measures described in 

Framework Action 3 under the Fishery 

Management Plan (FMP) for Puerto Rico 

(Framework Action 3). If implemented, 

this proposed rule would modify the 

annual catch limits (ACLs) for the 

triggerfish stock complex in Federal 

waters off Puerto Rico. The purpose of 

this proposed rule and Framework 

Action 3 is to update management 

reference points for the triggerfish stock 

complex under the Puerto Rico FMP 

consistent with the most recent stock 

assessment to prevent overfishing and 

achieve optimum yield (OY). 

DATES: Written comments must be 

received by January 16, 2025. 

ADDRESSES: A plain language summary 

of this proposed rule is available at 

https://www.regulations.gov/docket/ 

NOAA-NMFS-2024-0105. You may 

submit comments on this document, 

identified by ‘‘NOAA–NMFS–2024– 

0105’’ by either of the following 

methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Visit 

https://www.regulations.gov and enter 

‘‘NOAA–NMFS–2024–0105’’ in the 

Search box. Click on the ‘‘Comment’’ 

icon, complete the required fields, and 

enter or attach your comments. 

• Mail: Submit all written comments 

to Maria Lopez-Mercer, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Electronic copies of Framework 

Action 3, which includes an 

environmental assessment, a regulatory 

impact review, and a Regulatory 

Flexibility Act (RFA) analysis, may be 

obtained from the Southeast Regional 

Office website at https:// 

www.fisheries.noaa.gov/action/ 

framework-action-3-puerto-rico-fisherymanagement-plan-modification-statusdetermination. 

FOR FURTHER INFORMATION CONTACT: 

Maria Lopez-Mercer, NMFS Southeast 

Regional Office, 727–824–5305, 

maria.lopez@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

triggerfish stock complex in the Federal 

waters off Puerto Rico consists of ocean 

triggerfish, gray triggerfish and queen 

triggerfish, and is managed under the 

Puerto Rico FMP. The Puerto Rico FMP 

was prepared by the Caribbean Fishery 

Management Council (Council), 

approved by the Secretary of Commerce, 

and is implemented by NMFS through 

regulations at 50 CFR part 622 under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

Background 

The Magnuson-Stevens Act requires 

NMFS and regional fishery management 

councils to prevent overfishing and to 

achieve, on a continuing basis, the OY 

from federally managed fish stocks to 

ensure that fishery resources are 

managed for the greatest overall benefit 

to the nation, particularly with respect 

to providing food production and 

recreational opportunities, and 

protecting marine ecosystems. 

The Council and NMFS manage 

fisheries in Federal waters around 

Puerto Rico under the Puerto Rico FMP. 

The Puerto Rico FMP was approved by 

the Secretary of Commerce on 

September 22, 2020, along with the St. 

Croix and St. Thomas and St. John 

FMPs, under section 304(a)(3) of the 

Magnuson-Stevens Act. NMFS 

published the final rule in the Federal 

Register to implement the Puerto Rico 

FMP on September 13, 2022 (87 FR 

56204), which, among other measures, 

included the current ACL values for the 

triggerfish stock complex in Puerto Rico. 

The Puerto Rico FMP contains 

management measures applicable for 

Federal waters off Puerto Rico, which 

extend seaward from 9 nautical miles 

(nmi; 16.7 kilometers) from shore to the 

offshore boundary of the U.S. Caribbean 

exclusive economic zone. 

The Puerto Rico FMP established 

status determination criteria (SDC) and 

other management reference points for 

triggerfish species under Federal 

management in Federal waters off 

Puerto Rico. In the Puerto Rico FMP, the 

triggerfish stock complex contains 

queen triggerfish, ocean triggerfish, and 

gray triggerfish. Queen triggerfish is the 

indicator stock for the complex because 

of the limited information (e.g., 

landings) available for ocean and gray 

triggerfish. Thus, management 

measures, SDC, and other reference 

points are based on landings of queen 

triggerfish only, but apply to the entire 

complex. 

The Puerto Rico FMP applies a fourtiered acceptable biological catch (ABC) 

control rule depending on differing 

levels of data availability. Each tier 

specifies SDC, such as the maximum 

fishing mortality threshold (MFMT), 

minimum stock size threshold (MSST), 

and overfishing limit (OFL), or OFL 

proxy, and other reference points such 

as the maximum sustainable yield 

(MSY), or MSY proxy, and ABC. Under 


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