80 FR 37601 - Presidential Task Force on Combating Illegal Unreported and Unregulated (IUU) Fishing and Seafood Fraud Action Plan for Implementing Recommendations 14/15; Determining Types of Information and Operational Standards Related to Data Collection

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 126 (July 1, 2015)

Page Range		37601-37603
FR Document		2015-16185

The National Ocean Council Committee on IUU Fishing and Seafood Fraud (NOC Committee) is seeking public input on the minimum types of information necessary for an effective seafood traceability program to combat IUU fishing and seafood fraud, as well as the operational standards related to collecting, verifying and securing that data.

Federal Register, Volume 80 Issue 126 (Wednesday, July 1, 2015)

[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Notices]
[Pages 37601-37603]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-16185]

[[Page 37601]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD991

Presidential Task Force on Combating Illegal Unreported and
Unregulated (IUU) Fishing and Seafood Fraud Action Plan for
Implementing Recommendations 14/15; Determining Types of Information
and Operational Standards Related to Data Collection

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments.

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SUMMARY: The National Ocean Council Committee on IUU Fishing and
Seafood Fraud (NOC Committee) is seeking public input on the minimum
types of information necessary for an effective seafood traceability
program to combat IUU fishing and seafood fraud, as well as the
operational standards related to collecting, verifying and securing
that data.

DATES: Comments must be received by July 31, 2015.

ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2014-0090, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0090, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Melissa Beaudry, Quality
Officer, Office of International Affairs and Seafood Inspection, 1315
East-West Highway, Suite 9511, Silver Spring, MD 20910.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the comment period, may not be
considered. All comments received are part of the public record and
will generally be posted for public viewing on 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. Anonymous comments will be accepted (enter ``N/A''
in the required field if you wish to remain anonymous.)

FOR FURTHER INFORMATION CONTACT: Melissa Beaudry, Quality Officer,
Office of International Affairs and Seafood Inspection; 301-427-8308.

SUPPLEMENTARY INFORMATION: On March 15, 2015, the Presidential Task
Force on Combating IUU Fishing and Seafood Fraud (Task Force), co-
chaired by the Departments of Commerce and State, published its Action
Plan for Implementing the Task Force Recommendations (http://www.nmfs.noaa.gov/ia/iuu/taskforce.html).
The Action Plan articulates the steps that Federal agencies will
take to implement the recommendations the Task Force made to the
President in December 2014 on a comprehensive framework of integrated
programs to combat IUU fishing and seafood fraud. The plan identifies
actions that will strengthen enforcement, create and expand
partnerships with state and local governments, industry, and non-
governmental organizations, and create a risk-based traceability
program to track seafood from harvest to point of entry into U.S.
commerce, including the use of existing traceability mechanisms. The
work initiated by the Task Force is now under the oversight of a
National Ocean Council (NOC) Committee. The design of the traceability
program will be led by an interagency working group.
This notice is among the first steps in implementing Task Force
Recommendations 14 and 15, specifically, developing types of
information and operational standards related to data collection. The
data collected will establish a foundation for the risk-based seafood
traceability program to combat IUU fishing and seafood fraud from
harvest (wild-capture or aquaculture) to point of entry into U.S.
commerce, as described in the Task Force Action Plan. This data is
being collected for use by appropriate government officials.
With this notice, the Committee is soliciting comments on the
minimum types of information that should be collected and the
operational standards to be applied to this data. The data collected
should include, but is not limited to, the following information:
(1) Who harvested or produced the fish?
Name of harvesting vessel;
Flag State of harvesting vessel;
Name of farm or aquaculture facility;
Name of processor; and
Type of fishing gear.
(2) What fish was harvested and processed?
Species of fish;
Product description;
Name of product;
Form of the product; and
Quantity and/or weight of the product.
(3) Where and when was the fish harvested and landed?
Area of wild-capture or aquaculture harvest;
Harvest date(s);
Name and location of aquaculture facility;
Point of first landing;
Date of first landing;
The Committee also believes the following information logically
should be considered:
(4) What was the chain of custody of the fish or fish product
through the supply chain to point of entry into U.S. commerce
including:
Transshipment of product; and,
Processing, re-processing, or co-mingling of product
The Committee seeks comment regarding the information needed to
answer the four questions posed above, as well as any additional
information necessary for the implementation of an effective risk-based
seafood traceability program. An effective traceability system must be
capable of capturing a complex supply chain which may involve
reprocessing, mixed species, cold storage holding, trans-shipments,
etc., as well as the simple harvest of a single species.
Given the scope of the traceability system anticipated in the
Action Plan, additional data required for fish harvested in U.S.
domestic fisheries is minimal because domestically harvested fish
enters U.S. commerce at its first point of landing and, to a large
extent, relevant data are already generated and reported through
existing state and federal permitting, catch monitoring, and landing
reports implemented under federal and state fishery management plans.
At-risk species that are harvested domestically, exported for
reprocessing, and then re-imported to the U.S. may require traceability
throughout that entire supply chain.
The Operational standards to apply to the data collected may
include, but are not limited to, the following:
How the data are to be collected;
Interoperability with existing traceability systems;
Who has responsibility for collecting the data;
How the data will be verified; and
Data security.

Who harvested or produced the fish?

This information establishes the starting point of the traceability
process. Although this information is straightforward in many cases,
operational characteristics of some

[[Page 37602]]

fisheries present challenges. Traceability of an operation in which
easily identified, individual vessels deliver directly to a buyer or
processor may be relatively simple. However in a fishery with tender
vessels taking deliveries from many smaller harvesting boats,
collection of this information could become burdensome. In this
instance, the Committee currently anticipates requiring only the name
of the tender vessels making traceable deliveries to a buyer or
processor. Comments are requested as to what information, if any, is
necessary regarding the harvesting vessel name and flag state and
authorization to harvest the species in question for the implementation
of an effective traceability program.
Aquacultured species are easier to trace back to a particular pond
or region, and the Action Plan states that the traceability process
shall start at the point of harvest. It is therefore unlikely that
facility information for the raising of the breeders or the
fingerlings, depending upon the fishery, will be included in the
traceability program. Also, the body of water for a farm-raised species
could have several aquaculture facilities in place by different
companies. The Committee requests comments addressing the whether the
aquaculture facility or the body of water is appropriate point of
origin in a traceability system for aquacultured species.
Processor and gear type are common elements in many fishery
traceability systems. Processors may already be required to trace their
products through some portion of the supply chain. The Committee
considers information related to processing and/or reprocessing of
product to be critical to tracking chain-of-custody, notes that this
information is required for existing global traceability programs, and
anticipates the requirement of such data as a part of this traceability
program. This would include information about primary processors and
secondary processors who maintained custody of the shipment prior to
entering the United States.
In the context of seafood traceability, gear information helps to
link specific vessels to the fishery in which they participate and the
species they harvest. The Committee intends to require gear type
information for the proposed traceability system and requests comments
as to whether and what gear type information should be collected for
traceability.

What fish was harvested and processed?

A traceability system to combat IUU fishing and seafood fraud
requires certain minimal information, including the species of the
fish, the quantity and/or weight of the catch, and the form of the
product. The state of the shipment (live, raw/fresh, or frozen) and the
type of product informs the calculation of the actual amount of fish
harvested, as well as the potential risk for fraud associated with the
product. The Committee therefore intends to request this information
and seeks comments regarding its use for traceability purposes as well
as suggestions for alternative approaches to trace fish and seafood
products in various forms.
The Committee is considering a range of options with respect to
species identification, including scientific names, names on the U.S.
Food and Drug Administration approved list, and common or market names.
Use of scientific names may minimize confusion at the border. As common
or market names tend to group similar species, requiring the scientific
name could dramatically increase the number of species names listed,
thereby increasing the possibility of reporting error. However, using
common or market names could be used to mask the import of a species at
risk of IUU fishing or seafood fraud. The U.S. Food and Drug
Administration approved list of fish names for labeling of fish in the
United States may not cover all fish entering the United States and
adding a market or common name to that list may take time. Comments are
requested as to whether scientific names, common, usual, or market
names, or some combination, should serve as the basis for species
identification in the traceability program and be utilized for
identifying imported product at the point of entry into U.S. commerce.

Where and when was the fish harvested and landed?

Collection of information identifying the area of harvest or the
region in which an aquaculture facility is located, and the time at
which the harvest took place, represents the initial ``link'' in the
supply chain. It represents the action back to which the at-risk
species entering U.S. commerce will be traced. For wild-capture
fisheries, the Committee intends to identify area of harvest by FAO
catch area designation or comparable designation of fresh-water
sources. The Committee has identified area or body of water and
facility as data required for establishing where and when fish was
harvested from an aquaculture source. The Committee seeks comments on
the adequacy of this information for identifying where and when fish is
harvested, alternative data that may be useful in tracing product to
time and place of harvest, and methods for verifying the accuracy of
data used for this purpose.

What was the chain of custody through the supply chain to point of
entry into U.S. commerce?

As described above, identifying the point of harvest within an area
or aquaculture facility is relatively straightforward. However, the
global market for fish and seafood products supports complex supply
chains, including transshipment to one or more locations prior to entry
into U.S. commerce. Shipments may be co-mingled with similar species
from other locations, complicating the process of traceability to point
of harvest. An effective traceability system will require information
on each point of landing, transshipment and processing throughout the
fish or seafood product's chain of custody to point of entry into U.S.
commerce. This would include not only the harvest for each shipment,
but information regarding any further processing and transshipment that
occurred prior to entry into U.S. Commerce. Comments are requested as
to the level of detailed information that should be required for
country of harvest, transshipment, processing and re-processing, and
co-mingling of product or species. The Committee requests comments
regarding the appropriate data and standards for effective traceability
at each stage of the supply chain from harvest to point of entry into
U.S. commerce.

How the data are to be collected?

The Committee recommends use of the International Trade Data System
(ITDS) as the data collection portal for imports of species identified
as at-risk of IUU fishing and seafood fraud. In an effort to streamline
the import and export process, President Obama signed an Executive
Order in February 2014 that requires ITDS to be completed and fully
utilized by government agencies by December 2016. ITDS is a ``single
window'' system which allows businesses to communicate with U.S.
Customs and Border Protection (CBP) and its Partner Government Agencies
(PGAs) when importing and exporting goods, eliminating the often
duplicative and paper-based processes used previously. With ITDS,
companies submit their information electronically, and the data
elements can then be

[[Page 37603]]

quickly and efficiently retrieved and used by the Federal agencies that
require them. More information on ITDS can be found at www.itds.gov.

Consistency Across Federal Agencies and Interoperability With Existing
International, Federal, State, and Non-Governmental Information Systems

Data at the border is currently collected both in electronic and
hard copy formats. Hard copies are often scanned and then stored for
future use. Use of the ITDS will not only simplify the collection of
data by utilizing an electronic format, but interoperability of
information is assured between all Federal agencies as only one data
system is employed. The Committee anticipates the collection of data in
electronic format using ITDS for ease of collection. With respect to
interoperability of data captured and utilized by existing information
systems, it is the Committee's intent to avoid, to the extent
practicable, the establishment of redundant data collection processes
or protocols that undermine the function and effectiveness of existing
systems. While it is unlikely that ITDS will be capable of
automatically ``retrieving'' data from existing databases, the
Committee is interested in comments describing methods that will
facilitate the use of existing systems to provide data identified in
future traceability rule making. Comments are also requested regarding
the proposed use of the ITDS, the potential use of other systems the
Federal agencies should consider at the border, and if there are any
barriers, known or perceived, in using the ITDS system.

Who would collect the data?

Use of the ITDS system to collect proposed data elements for
imports of species identified as at risk of IUU fishing and seafood
fraud would require the importer (or exporter to the USA) to enter the
information along with any necessary supporting documentation. The
importer would be responsible for ensuring that the necessary data
elements are collected along the supply chain and provided to CBP
through ITDS at the point of entry.

How will the data be verified?

A key element of these operational standards is data verification.
The operational standards must provide relevant Federal agencies the
ability to verify that documentation for at-risk seafood products is
complete and accurate upon entry into U.S. commerce, and validate
country-specific documents and certifications. The operational
standards must also incorporate a system of data checks and periodic
auditing. A system of trace-back audits would determine the quality and
accuracy of the data submitted and identify missing information and
discrepancies. Comments are requested regarding a system of audits of
the documentation system for quality and accuracy.

Data Security

As the additional data elements will be submitted through the
Automated Commercial Environment (ACE)/ITDS single window as part of an
entry filing, the supplemental data will only be accessible to the
entry filer, CBP, and Federal agencies with authorization to review
entry filings for the designated commodities. Consequently, data
security concerns are minimal. Comments regarding additional
considerations with respect to data security are requested.
Following the public comment period, the NOC Committee will take
the input received into consideration while finalizing recommendations
that will be sent forward for appropriate agency action by September
2015, as outlined in the implementation plan for Task Force
Recommendations 14 and 15.

Dated: June 26, 2015.
John Henderschedt,
Director, Office for International Affairs and Seafood Inspection,
National Marine Fisheries Service.
[FR Doc. 2015-16185 Filed 6-30-15; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices 37603

quickly and efficiently retrieved and operational standards must also ADDRESSES: Direct all written comments
used by the Federal agencies that incorporate a system of data checks and to Jennifer Jessup, Departmental
require them. More information on ITDS periodic auditing. A system of trace- Paperwork Clearance Officer,
can be found at www.itds.gov. back audits would determine the quality Department of Commerce, Room 6616,
and accuracy of the data submitted and 14th and Constitution Avenue NW.,
Consistency Across Federal Agencies
and Interoperability With Existing identify missing information and Washington, DC 20230 (or via the
International, Federal, State, and Non- discrepancies. Comments are requested Internet at JJessup@doc.gov).
Governmental Information Systems regarding a system of audits of the FOR FURTHER INFORMATION CONTACT:
documentation system for quality and Requests for additional information or
Data at the border is currently accuracy. copies of the information collection
collected both in electronic and hard instrument and instructions should be
copy formats. Hard copies are often Data Security
directed to Adam Bailey, National
scanned and then stored for future use. As the additional data elements will Marine Fisheries Service (NMFS),
Use of the ITDS will not only simplify be submitted through the Automated Southeast Regional Office, 263 13th
the collection of data by utilizing an Commercial Environment (ACE)/ITDS Ave. S, St. Petersburg, FL 33701, (727)
electronic format, but interoperability of single window as part of an entry filing, 824–5305, adam.bailey@noaa.gov.
information is assured between all the supplemental data will only be
Federal agencies as only one data SUPPLEMENTARY INFORMATION:
accessible to the entry filer, CBP, and
system is employed. The Committee Federal agencies with authorization to I. Abstract
anticipates the collection of data in review entry filings for the designated
electronic format using ITDS for ease of This request is for revision and
commodities. Consequently, data extension of a currently approved
collection. With respect to security concerns are minimal.
interoperability of data captured and information collection.
Comments regarding additional The Magnuson-Stevens Fishery
utilized by existing information considerations with respect to data
systems, it is the Committee’s intent to Conservation and Management Act
security are requested. authorizes the Gulf of Mexico Fishery
avoid, to the extent practicable, the Following the public comment
establishment of redundant data Management Council (Gulf Council) and
period, the NOC Committee will take South Atlantic Fishery Management
collection processes or protocols that the input received into consideration
undermine the function and Council (South Atlantic Council) to
while finalizing recommendations that prepare and amend fishery management
effectiveness of existing systems. While will be sent forward for appropriate
it is unlikely that ITDS will be capable plans for any fishery in Federal waters
agency action by September 2015, as under their respective jurisdictions.
of automatically ‘‘retrieving’’ data from outlined in the implementation plan for
existing databases, the Committee is NMFS and the Gulf Council manage the
Task Force Recommendations 14 and reef fish fishery in the Gulf of Mexico
interested in comments describing 15.
methods that will facilitate the use of (Gulf) under the Reef Fish Fishery
Dated: June 26, 2015. Management Plan (FMP). NMFS and the
existing systems to provide data
identified in future traceability rule John Henderschedt, South Atlantic Council manage the
making. Comments are also requested Director, Office for International Affairs and fishery for rock shrimp in the South
regarding the proposed use of the ITDS, Seafood Inspection, National Marine Atlantic under the Shrimp FMP. The
Fisheries Service. vessel monitoring system (VMS)
the potential use of other systems the
Federal agencies should consider at the [FR Doc. 2015–16185 Filed 6–30–15; 8:45 am] regulations for the Gulf reef fish fishery
border, and if there are any barriers, BILLING CODE 3510–22–P and the South Atlantic rock shrimp
known or perceived, in using the ITDS fishery may be found at 50 CFR 622.28
system. and 622.205, respectively.
DEPARTMENT OF COMMERCE The FMPs contains several area-
Who would collect the data? specific regulations where fishing is
National Oceanic and Atmospheric restricted or prohibited in order to
Use of the ITDS system to collect
Administration protect habitat or spawning
proposed data elements for imports of
species identified as at risk of IUU aggregations, or to control fishing
Proposed Information Collection;
fishing and seafood fraud would require pressure. Unlike size, bag, and trip
Comment Request; Southeast Region
the importer (or exporter to the USA) to limits, where the catch can be
Vessel Monitoring System (VMS) and
enter the information along with any monitored on shore when a vessel
Related Requirements
necessary supporting documentation. returns to port, area restrictions require
The importer would be responsible for AGENCY: National Oceanic and at-sea enforcement. However, at-sea
ensuring that the necessary data Atmospheric Administration (NOAA), enforcement of offshore area restrictions
elements are collected along the supply Commerce. is difficult due to the distance from
chain and provided to CBP through ACTION: Notice. shore and the limited number of patrol
ITDS at the point of entry. vessels, resulting in a need to improve
SUMMARY: The Department of enforceability of area fishing restrictions
How will the data be verified? Commerce, as part of its continuing through remote sensing methods. In
A key element of these operational effort to reduce paperwork and addition, all fishing gears are subject to
standards is data verification. The respondent burden, invites the general some area fishing restrictions. Because
tkelley on DSK3SPTVN1PROD with NOTICES

operational standards must provide public and other Federal agencies to of the sizes of these areas and the
relevant Federal agencies the ability to take this opportunity to comment on distances from shore, the effectiveness
verify that documentation for at-risk proposed and/or continuing information of enforcement through over flights and
seafood products is complete and collections, as required by the at-sea interception is limited. An
accurate upon entry into U.S. Paperwork Reduction Act of 1995. electronic VMS allows a more effective
commerce, and validate country-specific DATES: Written comments must be means to monitor vessels for intrusions
documents and certifications. The submitted on or before August 31, 2015. into restricted areas.

VerDate Sep<11>2014 18:30 Jun 30, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\01JYN1.SGM 01JYN1

Document Created: 2015-12-15 13:19:10
Document Modified: 2015-12-15 13:19:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; request for comments.
Dates		Comments must be received by July 31, 2015.
Contact		Melissa Beaudry, Quality Officer, Office of International Affairs and Seafood Inspection; 301-427-8308.
FR Citation		80 FR 37601
RIN Number		0648-XD99

80 FR 37601 - Presidential Task Force on Combating Illegal Unreported and Unregulated (IUU) Fishing and Seafood Fraud Action Plan for Implementing Recommendations 14/15; Determining Types of Information and Operational Standards Related to Data Collection

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 126 (July 1, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration