83 FR 17762 - Magnuson-Stevens Fishery Conservation and Management Act; Lifting the Stay on Inclusion of Shrimp and Abalone in the Seafood Traceability Program
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 79 (April 24, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 79 (April 24, 2018)
| Page Range | 17762-17765 | |
| FR Document | 2018-08553 |
[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)] [Rules and Regulations] [Pages 17762-17765] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08553] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 180417378-8379-01] RIN 0648-BH89 Magnuson-Stevens Fishery Conservation and Management Act; Lifting the Stay on Inclusion of Shrimp and Abalone in the Seafood Traceability Program AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; compliance date and lift of stay. ----------------------------------------------------------------------- SUMMARY: NMFS issued a final rule on December 9, 2016 to establish the Seafood Traceability Program, also known as the Seafood Import Monitoring Program or SIMP. Implementation of the Program for shrimp and abalone species was stayed indefinitely due to NMFS' determination that current data collection for shrimp and abalone aquacultured in the U.S. is not equivalent to the data that would have been required to be reported for imports of these products. The Consolidated Appropriations Act of 2018 directed the Secretary of Commerce, within 30 days of enactment of the Act, to lift the stay on the implementation of the Seafood Traceability Program with respect to shrimp and abalone. This rule informs the affected public of the effective and compliance dates for the reporting and recordkeeping requirements, applicable for imports of shrimp and abalone species originating from both wild capture fisheries and aquaculture operations. DATES: Effective date: The stay on 50 CFR 300.324(a)(3) is lifted effective May 24, 2018. Compliance date: The compliance date for this rule for the species included at 50 CFR 300.324(a)(3) is December 31, 2018. FOR FURTHER INFORMATION CONTACT: Celeste Leroux at (301) 427-8372 or [email protected]. SUPPLEMENTARY INFORMATION: The Seafood Traceability Program (see 50 CFR 300.320-300.325) is the first phase of a risk-based traceability program, which establishes permit, reporting and recordkeeping requirements needed to prevent illegally harvested and misrepresented seafood from entering into U.S. Commerce. In the development of the Seafood Traceability Program rule, 13 ``priority'' species were identified as being most at risk for Illegal, Unreported, and Unregulated (IUU) fishing and misrepresentation, and are the only species currently subject to this program. For two of those species (abalone and shrimp), NMFS stayed program requirements indefinitely (50 CFR 300.324(a)(3)). See 81 FR 88975 (December 9, 2016). This rule lifts that stay, effective May 24, 2018, and establishes a compliance date of December 31, 2018 for shrimp and abalone. NMFS had stayed requirements for abalone and shrimp because gaps existed in the collection of traceability information for domestic aquaculture-raised shrimp and abalone, which is currently largely regulated at the state level. During development of the Seafood Traceability Program, NMFS explored the possibility of working with its state partners to establish reporting and recordkeeping requirements for aquaculture traceability information that could be shared with NMFS. However, this did not prove to be a viable approach. See 81 FR at 88977-78. In the Seafood Import Monitoring Program final rule, NMFS explained that ``[A]t such time that the domestic reporting and recordkeeping gaps have been closed, NMFS will then publish an action in the Federal Register to lift the stay of the effective date for Sec. 300.324(a)(3) of the rule pertaining to shrimp and abalone. Adequate advance notice to the trade community would be provided'' to ensure all affected parties have sufficient time to come into compliance. On March 23, 2018, the Consolidated Appropriations Act of 2018 (Pub. L. 115-141) was signed by the President and became law. Section 539 of Division B of the Act directed the Secretary of Commerce to, within 30 days, lift the stay on the effective date of the final rule for the Seafood Traceability Program published by the Secretary on December 9, 2016, (81 FR 88975) for the species described in 50 CFR 300.324(a)(3), provided that the compliance date for the species described in 50 CFR 300.324(a)(3) shall occur not later than December 31, 2018. This rule implements the Act and provides that shrimp and abalone will be subject to the requirements of the Seafood Traceability Program under 50 CFR 300.324(a)(3) effective May 24, 2018 with a compliance date December 31, 2018. The Program consists of two components: (1) Reporting of harvest events at the time of entry; and (2) [[Page 17763]] permitting and recordkeeping requirements with respect to both harvest events and chain of custody information. See 50 CFR 300.324 and id. Sec. Sec. 300.320-300.323 and 300.325. Application of the program's reporting and recordkeeping requirements to shrimp and abalone will enable audits of imports to be conducted to determine the origin of the products and confirm that they were lawfully acquired. As of the December 31, 2018 compliance date established by this rule, importers of shrimp and abalone species will be required to obtain an International Fisheries Trade Permit as specified at 50 CFR 300.322, submit harvest and landing information on those products into the U.S. Customs and Border Protection International Trade Data System (ITDS) through the Automated Commercial Environment (ACE) portal prior to entry into U.S. Commerce, and maintain supply chain records from the point of harvest to the point of entry into U.S. Commerce for a period of two years after entry. International Fishery Trade Permits are currently available for issuance and it is anticipated that ACE reporting will be available for testing prior to the compliance date. Prior to December 31, 2018, NMFS will publish a notice in the Federal Register to inform interested parties that ACE programming has been completed to allow U.S. importers to test software for ACE entry reporting for shrimp and abalone. For products harvested prior to the compliance date, U.S. importers should work with their foreign suppliers to ensure that the harvest event and supply chain records are available for any entries made on or after December 31, 2018. Domestic Aquaculture Rulemaking Section 539 of Title V of Division B of the Consolidated Appropriations Act of 2018 (Pub. L. 115-141) also directed the Secretary of Commerce to ``. . . establish a traceability program for United States inland, coastal, and marine aquaculture of shrimp and abalone . . .'' and by December 31, 2018 to ``. . . promulgate such regulations as are necessary and appropriate to establish and implement the program.'' Concurrent with the work to develop import reporting mechanisms, NMFS will develop reporting and recordkeeping requirements for domestic aquaculture-raised shrimp and abalone. Harmonized Tariff Schedule Codes The Harmonized Tariff Schedule (HTS) codes applicable to the products subject to the requirements of this rule may be revised from time to time by the International Trade Commission. Any such changes will be reflected in the NMFS Implementation Guides for ACE that are posted to the internet by the U.S. Customs and Border Patrol (CBP). Application of this rule to entries of fish and fish products filed under the following HTS codes will be mandatory as of December 31, 2018, when these shrimp and abalone HTS codes will be designated in ACE as requiring a complete Seafood Traceability Program data set in order to obtain release of the inbound shipment: ------------------------------------------------------------------------ HTS code Commodity description ------------------------------------------------------------------------ 306160003................ SHRIMP COLD-WATER SHELL-ON FROZEN <15. 306160006................ SHRIMP COLD-WATER SHELL-ON FROZEN 15/20. 306160009................ SHRIMP COLD-WATER SHELL-ON FROZEN 21/25. 306160012................ SHRIMP COLD-WATER SHELL-ON FROZEN 26/30. 306160015................ SHRIMP COLD-WATER SHELL-ON FROZEN 31/40. 306160018................ SHRIMP COLD-WATER SHELL-ON FROZEN 41/50. 306160021................ SHRIMP COLD-WATER SHELL-ON FROZEN 51/60. 306160024................ SHRIMP COLD-WATER SHELL-ON FROZEN 61/70. 306160027................ SHRIMP COLD-WATER SHELL-ON FROZEN >70. 306160040................ SHRIMP COLD-WATER PEELED FROZEN. 306170003................ SHRIMP WARM-WATER SHELL-ON FROZEN <15. 306170006................ SHRIMP WARM-WATER SHELL-ON FROZEN 15/20. 306170009................ SHRIMP WARM-WATER SHELL-ON FROZEN 21/25. 306170012................ SHRIMP WARM-WATER SHELL-ON FROZEN 26/30. 306170015................ SHRIMP WARM-WATER SHELL-ON FROZEN 31/40. 306170018................ SHRIMP WARM-WATER SHELL-ON FROZEN 41/50. 306170021................ SHRIMP WARM-WATER SHELL-ON FROZEN 51/60. 306170024................ SHRIMP WARM-WATER SHELL-ON FROZEN 61/70. 306170027................ SHRIMP WARM-WATER SHELL-ON FROZEN >70. 306170040................ SHRIMP WARM-WATER PEELED FROZEN. 1605211000............... SHRIMPS AND PRAWNS, NOT IN AIRTIGHT CONTAINERS. 1605291010............... SHRIMPS AND PRAWNS, FROZEN, IN AIRTIGHT CONTAINERS. 1605291040............... SHRIMPS AND PRAWNS, PREPARED OR PRESERVED, IN AIRTIGHT CONTAINERS, OTHERS. 1605211020............... SHRIMPS AND PRAWNS, BREADED, FROZEN. 1605211030............... SHRIMPS AND PRAWNS, PREPARED OTHERS, FROZEN. 1605211050............... SHRIMPS AND PRAWNS, PREPARED OR PRESERVED, NOT IN AIRTIGHT CONTAINERS, OTHERS. 306350020................ COLD-WATER SHRIMPS AND PRAWNS (PANDALUS SPP., CRANGON CRANGON), LIVE, FRESH OR CHILLED, SHELL-ON. 306350040................ COLD-WATER SHRIMPS AND PRAWNS (PANDALUS SPP., CRANGON CRANGON), FRESH OR CHILLED, PEELED. 306360020................ SHRIMPS AND PRAWNS, LIVE, FRESH OR CHILLED, SHELL-ON, OTHER THAN COLD-WATER. 306360040................ SHRIMPS AND PRAWNS, FRESH OR CHILLED, PEELED, OTHER THAN COLD-WATER. 306950020................ SHRIMPS AND PRAWNS, SHELL-ON, OTHERS. 306950040................ SHRIMPS AND PRAWNS, PEELED, OTHERS. 1604200510............... PREPARED MEALS CONTAINING MEAT OF CRUSTACEANS, MOLLUSCS OR OTHER AQUATIC INVERTEBRATES, OTHERS. 1604200590............... PRODUCTS CONTAINING MEAT OF CRUSTACEANS, MOLLUSCS OR OTHER AQUATIC INVERTEBRATES, OTHERS. 1605210500............... SHRIMP AND PRAWN PRODUCTS CONTAINING FISH MEAT; PREPARED MEALS NOT IN AIRTIGHT CONTAINERS. 1605570500............... ABALONE PRODUCTS PREPARED DINNERS. 1605576000............... ABALONE PREPARED/PRESERVED. 307810000................ LIVE, FRESH OR CHILLED ABALONE (HALIOTIS SPP.). 307830000................ FROZEN ABALONE (HALIOTIS SPP.). 307870000................ OTHER ABALONE (HALIOTIS SPP.). [[Page 17764]] 307890000................ ABALONE, NESOI. 160557000................ ABALONE (HALIOTIS SPP.), PREPARED OR PRESERVED. ------------------------------------------------------------------------ Highly processed fish products (fish oil, slurry, sauces, sticks, balls, cakes, puddings, and other similar highly processed fish products) for which the species of fish comprising the product or the harvesting event(s) or aquaculture operation(s) of the product cannot be feasibly identified are not subject to the requirements of this rule. See 50 CFR 300.324(a)(1). Therefore, HTS codes for such fish and fish products have not been included in the lists above. However, importers are advised to determine if other NMFS program requirements or other agency requirements (e.g., State Department, Food and Drug Administration) have ACE data reporting requirements applicable to HTS codes used for entry filing, whether or not those codes have been identified for the Seafood Traceability Program. Stakeholder Engagement As part of NOAA's ongoing efforts to provide industry awareness of and support for compliance with the Seafood Traceability Program's traceability data reporting and recordkeeping requirements, NMFS will hold in-person and virtual public meetings to discuss the implementation of the U.S. Seafood Traceability Program and address questions from participants regarding all species covered by the Program, including shrimp and abalone. Meetings will address issues relevant to both foreign exporters and U.S. domestic importers of seafood species whose products are covered by the Seafood Traceability Program. Information on future Program implementation meetings and transcripts of prior meetings and webinars can be found at http://www.iuufishing.noaa.gov/RecommendationsandActions/RECOMMENDATION1415/FinalRuleTraceability.aspx. Classification The Assistant Administrator for Fisheries, NOAA (AA) has determined that this final action is consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. The AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and an opportunity for public comment on this final action as they are unnecessary because the public already had such opportunity during the proposed rule stage of the Seafood Traceability Program rulemaking. At that time, the public had an opportunity to comment both on the Program's requirements and on delayed implementation of the Program for shrimp and abalone. In the preamble to the proposed rule, NMFS stated, ``While it remains NMFS' full intention to include shrimp and abalone in the final rule, implementation of measures to address those gaps [in domestic reporting and recordkeeping requirements for aquaculture-raised shrimp and abalone] may affect the timing of implementation of the reporting and recordkeeping requirements for imports of shrimp and abalone. In particular, if gaps remain unaddressed by the time of publication of a final rule, NMFS intends to delay implementation of the rule for shrimp and abalone until such time as, working with its state and federal partners, it is able to determine that the gaps have been addressed and publishes a notice in the Federal Register specifying implementation of this rule for those species.'' See 81 FR at 6212. In addition, this final rule does not change substantive requirements of the Seafood Traceability Program. Rather, as directed by statute (Consolidated Appropriations Act of 2018, Pub. L. 115-141), it lifts the stay for species (shrimp and abalone) described in 50 CFR 300.324(a)(3) and provides a compliance date of December 31, 2018. Later this year, NMFS will publish a proposed rule establishing reporting and recordkeeping requirements for domestic producers of aquaculture-raised shrimp and abalone, as directed by Congress in Section 539 of Title V of Division B of the Consolidated Appropriations Act of 2018. At that time, NMFS will provide the public with an opportunity to comment on that proposed rule. Executive Orders 12866 and 13771 and the Regulatory Flexibility Act This final rule has been determined to be not significant for purposes of Executive Order 12866. This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. NMFS prepared a Regulatory Impact Review and Final Regulatory Flexibility Analysis (RIR/FRFA) for the Seafood Traceability Program which described the Program, its economic impact on small entities, and the legal basis for the action. The RIR/FRFA included an analysis of the economic impact of adding shrimp and abalone to the Program. Copies of the final RIR/FRFA are available from NMFS (see ADDRESSES). Paperwork Reduction Act This final rule contains a collection-of-information requirement subject to review and approval by OMB under the Paperwork Reduction Act (PRA). OMB had previously approved the information collection requirements for the Seafood Traceability Program under Control Number 0648-0739, but the burden estimates did not include the requirements for shrimp and abalone given the stay. The requirements for permitting, reporting and recordkeeping for imports of shrimp and abalone will be submitted to OMB for approval. In a separate Federal Register notice, NMFS will solicit public comment on the information collection burden for the shrimp and abalone requirements under this rule. Public comment will be sought regarding: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of information technology. 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 PRA, unless that collection of information displays a currently valid OMB control number. List of Subjects in 50 CFR Part 300 Exports, Fisheries, Fishing, Fishing vessels, Illegal, Unreported or unregulated fishing, Foreign relations, Imports, International trade permits, Treaties. Accordingly, 50 CFR part 300 is amended as follows: [[Page 17765]] PART 300--INTERNATIONAL FISHERIES REGULATIONS 0 1. The authority citation for part 300 continues to read as follows: Authority: 16 U.S.C. 951 et seq., 16 U.S.C. 1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq. Sec. 300.324 [Amended] 0 2. In Sec. 300.324, the stay on paragraph (a)(3) is lifted. Dated: April 19, 2018. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018-08553 Filed 4-23-18; 8:45 am] BILLING CODE 3510-22-P
![17762 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Rules and Regulations
DEPARTMENT OF DEFENSE DEPARTMENT OF COMMERCE into U.S. Commerce. In the
development of the Seafood Traceability
Defense Acquisition Regulations National Oceanic and Atmospheric Program rule, 13 ‘‘priority’’ species were
System Administration identified as being most at risk for
Illegal, Unreported, and Unregulated
48 CFR Part 237 50 CFR Part 300 (IUU) fishing and misrepresentation,
and are the only species currently
[Docket No. 180417378–8379–01]
[Docket DARS–2018–0024]
subject to this program. For two of those
RIN 0648–BH89 species (abalone and shrimp), NMFS
stayed program requirements
RIN 0750–AJ49 Magnuson-Stevens Fishery indefinitely (50 CFR 300.324(a)(3)). See
Conservation and Management Act; 81 FR 88975 (December 9, 2016). This
Defense Federal Acquisition Lifting the Stay on Inclusion of Shrimp rule lifts that stay, effective May 24,
Regulation Supplement: Educational and Abalone in the Seafood 2018, and establishes a compliance date
Service Agreements (DFARS Case Traceability Program of December 31, 2018 for shrimp and
2017–D039) abalone.
AGENCY: National Marine Fisheries NMFS had stayed requirements for
AGENCY: Defense Acquisition Service (NMFS), National Oceanic and abalone and shrimp because gaps
Regulations System, Department of Atmospheric Administration (NOAA), existed in the collection of traceability
Defense (DoD). Commerce. information for domestic aquaculture-
ACTION: Final rule; compliance date and raised shrimp and abalone, which is
ACTION: Final rule; correction.
lift of stay. currently largely regulated at the state
level. During development of the
SUMMARY: DoD is making a correction to SUMMARY: NMFS issued a final rule on Seafood Traceability Program, NMFS
the docket number listed in the final December 9, 2016 to establish the explored the possibility of working with
rule published on April 13, 2018, which Seafood Traceability Program, also its state partners to establish reporting
amended the Defense Federal known as the Seafood Import and recordkeeping requirements for
Acquisition Regulation Supplement Monitoring Program or SIMP. aquaculture traceability information that
(DFARS) to remove limiting language Implementation of the Program for could be shared with NMFS. However,
related to educational service shrimp and abalone species was stayed this did not prove to be a viable
agreements. This correction will allow indefinitely due to NMFS’ approach. See 81 FR at 88977–78. In the
DoD to make agreements that permit determination that current data Seafood Import Monitoring Program
payment for Masters of Laws degrees collection for shrimp and abalone final rule, NMFS explained that ‘‘[A]t
and other legal training programs, in aquacultured in the U.S. is not such time that the domestic reporting
accordance with applicable law, equivalent to the data that would have and recordkeeping gaps have been
regulation, and policy. been required to be reported for imports closed, NMFS will then publish an
of these products. The Consolidated action in the Federal Register to lift the
DATES:Effective April 24, 2018. Appropriations Act of 2018 directed the stay of the effective date for
Applicable beginning April 13, 2018. Secretary of Commerce, within 30 days § 300.324(a)(3) of the rule pertaining to
FOR FURTHER INFORMATION CONTACT: Ms. of enactment of the Act, to lift the stay shrimp and abalone. Adequate advance
Jennifer Hawes, telephone 571–372– on the implementation of the Seafood notice to the trade community would be
Traceability Program with respect to provided’’ to ensure all affected parties
6115.
shrimp and abalone. This rule informs have sufficient time to come into
SUPPLEMENTARY INFORMATION: In the the affected public of the effective and compliance.
final rule published at 83 FR 16004 on compliance dates for the reporting and On March 23, 2018, the Consolidated
April 13, 2018, on page 16004, in the recordkeeping requirements, applicable Appropriations Act of 2018 (Pub. L.
third column, the docket number cited for imports of shrimp and abalone 115–141) was signed by the President
at the top of the document, DARS– species originating from both wild and became law. Section 539 of Division
2018–0013, is corrected to read DARS– capture fisheries and aquaculture B of the Act directed the Secretary of
operations. Commerce to, within 30 days, lift the
2018–0024.
DATES: Effective date: The stay on 50 stay on the effective date of the final
Jennifer Lee Hawes, rule for the Seafood Traceability
CFR 300.324(a)(3) is lifted effective May
Regulatory Control Officer, Defense Program published by the Secretary on
24, 2018.
Acquisition Regulations System. December 9, 2016, (81 FR 88975) for the
Compliance date: The compliance
[FR Doc. 2018–08551 Filed 4–23–18; 8:45 am] species described in 50 CFR
date for this rule for the species
300.324(a)(3), provided that the
BILLING CODE 5001–06–P included at 50 CFR 300.324(a)(3) is
compliance date for the species
December 31, 2018.
described in 50 CFR 300.324(a)(3) shall
FOR FURTHER INFORMATION CONTACT: occur not later than December 31, 2018.
Celeste Leroux at (301) 427–8372 or This rule implements the Act and
Celeste.Leroux@noaa.gov. provides that shrimp and abalone will
SUPPLEMENTARY INFORMATION: The be subject to the requirements of the
jstallworth on DSKBBY8HB2PROD with RULES
Seafood Traceability Program (see 50 Seafood Traceability Program under 50
CFR 300.320–300.325) is the first phase CFR 300.324(a)(3) effective May 24,
of a risk-based traceability program, 2018 with a compliance date December
which establishes permit, reporting and 31, 2018.
recordkeeping requirements needed to The Program consists of two
prevent illegally harvested and components: (1) Reporting of harvest
misrepresented seafood from entering events at the time of entry; and (2)
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![17764 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Rules and Regulations
HTS code Commodity description
307890000 ........ ABALONE, NESOI.
160557000 ........ ABALONE (HALIOTIS SPP.), PREPARED OR PRESERVED.
Highly processed fish products (fish proposed rule stage of the Seafood the Program, its economic impact on
oil, slurry, sauces, sticks, balls, cakes, Traceability Program rulemaking. At small entities, and the legal basis for the
puddings, and other similar highly that time, the public had an opportunity action. The RIR/FRFA included an
processed fish products) for which the to comment both on the Program’s analysis of the economic impact of
species of fish comprising the product requirements and on delayed adding shrimp and abalone to the
or the harvesting event(s) or aquaculture implementation of the Program for Program. Copies of the final RIR/FRFA
operation(s) of the product cannot be shrimp and abalone. In the preamble to are available from NMFS (see
feasibly identified are not subject to the the proposed rule, NMFS stated, ‘‘While ADDRESSES).
requirements of this rule. See 50 CFR it remains NMFS’ full intention to
300.324(a)(1). Therefore, HTS codes for include shrimp and abalone in the final Paperwork Reduction Act
such fish and fish products have not rule, implementation of measures to
This final rule contains a collection-
been included in the lists above. address those gaps [in domestic
of-information requirement subject to
However, importers are advised to reporting and recordkeeping
review and approval by OMB under the
determine if other NMFS program requirements for aquaculture-raised
requirements or other agency shrimp and abalone] may affect the Paperwork Reduction Act (PRA). OMB
requirements (e.g., State Department, timing of implementation of the had previously approved the
Food and Drug Administration) have reporting and recordkeeping information collection requirements for
ACE data reporting requirements requirements for imports of shrimp and the Seafood Traceability Program under
applicable to HTS codes used for entry abalone. In particular, if gaps remain Control Number 0648–0739, but the
filing, whether or not those codes have unaddressed by the time of publication burden estimates did not include the
been identified for the Seafood of a final rule, NMFS intends to delay requirements for shrimp and abalone
Traceability Program. implementation of the rule for shrimp given the stay. The requirements for
and abalone until such time as, working permitting, reporting and recordkeeping
Stakeholder Engagement for imports of shrimp and abalone will
with its state and federal partners, it is
As part of NOAA’s ongoing efforts to able to determine that the gaps have be submitted to OMB for approval. In a
provide industry awareness of and been addressed and publishes a notice separate Federal Register notice, NMFS
support for compliance with the in the Federal Register specifying will solicit public comment on the
Seafood Traceability Program’s implementation of this rule for those information collection burden for the
traceability data reporting and species.’’ See 81 FR at 6212. shrimp and abalone requirements under
recordkeeping requirements, NMFS will In addition, this final rule does not this rule.
hold in-person and virtual public change substantive requirements of the Public comment will be sought
meetings to discuss the implementation Seafood Traceability Program. Rather, as regarding: Whether the proposed
of the U.S. Seafood Traceability Program directed by statute (Consolidated collection of information is necessary
and address questions from participants Appropriations Act of 2018, Pub. L. for the proper performance of the
regarding all species covered by the 115–141), it lifts the stay for species functions of the agency, including
Program, including shrimp and abalone. (shrimp and abalone) described in 50 whether the information shall have
Meetings will address issues relevant to CFR 300.324(a)(3) and provides a practical utility; the accuracy of the
both foreign exporters and U.S. compliance date of December 31, 2018. burden estimate; ways to enhance the
domestic importers of seafood species Later this year, NMFS will publish a
quality, utility, and clarity of the
whose products are covered by the proposed rule establishing reporting and
information to be collected; and ways to
Seafood Traceability Program. recordkeeping requirements for
Information on future Program minimize the burden of the collection of
domestic producers of aquaculture-
implementation meetings and raised shrimp and abalone, as directed information, including through the use
transcripts of prior meetings and by Congress in Section 539 of Title V of of automated collection techniques or
webinars can be found at http:// Division B of the Consolidated other forms of information technology.
www.iuufishing.noaa.gov/ Appropriations Act of 2018. At that Notwithstanding any other provision
RecommendationsandActions/ time, NMFS will provide the public of the law, no person is required to
RECOMMENDATION1415/ with an opportunity to comment on that respond to, and no person shall be
FinalRuleTraceability.aspx. proposed rule. subject to penalty for failure to comply
with, a collection of information subject
Classification Executive Orders 12866 and 13771 and
to the requirements of the PRA, unless
The Assistant Administrator for the Regulatory Flexibility Act
that collection of information displays a
Fisheries, NOAA (AA) has determined This final rule has been determined to currently valid OMB control number.
that this final action is consistent with be not significant for purposes of
the Magnuson-Stevens Fishery Executive Order 12866. This rule is not List of Subjects in 50 CFR Part 300
Conservation and Management Act and an Executive Order 13771 regulatory
jstallworth on DSKBBY8HB2PROD with RULES
Exports, Fisheries, Fishing, Fishing
other applicable laws. action because this rule is not
The AA finds good cause under 5 significant under Executive Order vessels, Illegal, Unreported or
U.S.C. 553(b)(B) to waive prior notice 12866. unregulated fishing, Foreign relations,
and an opportunity for public comment NMFS prepared a Regulatory Impact Imports, International trade permits,
on this final action as they are Review and Final Regulatory Flexibility Treaties.
unnecessary because the public already Analysis (RIR/FRFA) for the Seafood Accordingly, 50 CFR part 300 is
had such opportunity during the Traceability Program which described amended as follows:
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![Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Rules and Regulations 17765
PART 300—INTERNATIONAL Authority: 16 U.S.C. 951 et seq., 16 U.S.C. Dated: April 19, 2018.
FISHERIES REGULATIONS 1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C. Samuel D. Rauch, III,
2431 et seq., 31 U.S.C. 9701 et seq.
Deputy Assistant Administrator for
■ 1. The authority citation for part 300 § 300.324 [Amended] Regulatory Programs, National Marine
continues to read as follows: Fisheries Service.
■ 2. In § 300.324, the stay on paragraph [FR Doc. 2018–08553 Filed 4–23–18; 8:45 am]
(a)(3) is lifted.
BILLING CODE 3510–22–P
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Document Created: 2018-04-24 00:38:53
Document Modified: 2018-04-24 00:38:53
| 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 | Rules and Regulations | |
| Action | Final rule; compliance date and lift of stay. | |
| Dates | Effective date: The stay on 50 CFR 300.324(a)(3) is lifted effective May 24, 2018. | |
| Contact | Celeste Leroux at (301) 427-8372 or [email protected] | |
| FR Citation | 83 FR 17762 | |
| RIN Number | 0648-BH89 | |
| CFR Associated | Exports; Fisheries; Fishing; Fishing Vessels; Illegal; Unreported Or Unregulated Fishing; Foreign Relations; Imports; International Trade Permits and Treaties |
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