The U.S. National Marine Fisheries Service (NOAA Fisheries) published an Advance Notice of Proposed Rulemaking (ANPR) regarding the Certificate of Admissibility (COA) for designated fish products. The NMFS now seeks to automate the COA and entry process while proposing to amend and consolidate COA-related permits, reporting and recordkeeping, and entry filing requirements. The goal is to ensure consistency in the COA requirements for importing non-restricted products across all programs and the intent of these actions is to enable the continued flow of trade while adhering to existing statutory requirements.
The Certification of Admissibility (COA) is defined as the confirmation 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, granted that the 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 information on the fish that was harvested and processed, as well as information on where and when the fish were harvested and/or information on the aquaculture facility producing the product.
The proposed rule specifies that the importer would need 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, under the proposed rule, the importer of record would be required to possess an International Fisheries Trade Permit (IFTP) and 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, 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.
This proposed rule would also 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.
Under the authority of several statutes, NOAA Fisheries may prohibit imports of designated fish and fish products caught in certain foreign fisheries operating in a manner inconsistent with U.S. standards. When an import restriction is imposed, NOAA Fisheries will work with CBP to identify the targeted country of origin and develop a list of the affected HTS codes. Shipments from the country of origin filed under the listed HTS codes are eligible for entry only if accompanied by a COA that attests to the manner and location of the fish harvest. If the foreign nation addresses the fishing issues of concern to the United States, the restriction would be lifted, and the COA would no longer be required for entries under the identified HTS codes for that country of origin.
NOAA Fisheries is accepting comments on the proposed rule until February 18, 2025 (https://www.federalregister.gov/d/2024-29238). The agency remains interested in feedback from stakeholders and interested parties on the reporting and recordkeeping burden of the COA, on the procedures for using certification in the entry filing process, and on ways to reduce the reporting burden and expedite release of admissible shipments through use of the ACE. Based on comments received and NOAA Fisheries' overall assessment of concerns raised, the agency will consider these concerns in developing the final rule to revise and automate the submission of COA information.
The draft implementation guidance and COA fish harvest record form and instructions can be found in the docket: https://www.regulations.gov/docket/NOAA-NMFS-2022-0057.
Additional information is posted at: https://www.fisheries.noaa.gov/topic/international-affairs.