The Office of
Management and Budget approves this revision to an existing
information collection for 180 days, in accordance with the
Paperwork Reduction Act § 3507(j)(2). The agency is requested to
submit a revision request for this information collection in
accordance with § 3507(a) for these changes to remain effective
beyond 180 days.
Inventory as of this Action
Requested
Previously Approved
02/28/2019
6 Months From Approved
11/30/2020
900
0
600
150
0
100
9,000
0
6,000
To ensure that the United States is
compliant with its obligations as a Member of the WTO to be
non-discriminatory in matters of trade, it is necessary to avoid
trade restrictions that are so broad as to affect fisheries not
governed by the injunction. Products of fisheries that do not
employ gillnets or do not operate within the marine areas occupied
by the vaquita must remain admissible to the U.S. seafood market.
To accomplish the necessary balance, NMFS proposes to use a
certification of admissibility whereby an official of the
Government of Mexico would attest to the origin of the fish offered
for entry into the United States as being derived from a fishery
that did not employ gill nets or that was not operating the range
of the vaquita. Absent such certification, the fish products would
be deemed inadmissible and the entry filing would be rejected. NMFS
would work with Customs and Border Protection (CBP) to identify
those fish and fish products that would be subject to the import
certification requirements so as not to unnecessarily burden
fisheries not subject to the court-ordered injunction.
We are seeking an
emergency Paperwork Reduction Act (PRA) clearance of revisions to
an information collection previously approved under OMB Control No.
0648-0651. That collection implements certification of
admissibility requirements for certain fish products exported from
nations that are subject to trade restrictions under the authority
of the High Seas Driftnet Fishing Moratorium Protection Act. The
revisions are necessary to extend the certification of
admissibility requirements for certain fish products exported from
nations that are subject to trade restrictions under the authority
of the Marine Mammal Protection Act (MMPA). These certification
requirements are necessary to ensure that fish products subject to
trade restrictions are not admitted into United States commerce.
This action is intended to implement requirements of the MMPA while
also ensuring that the United States is also in compliance with its
obligations as a Member of the World Trade Organization (WTO).
Failure to approve the MMPA certification of admissibility
requirements on this emergency basis could lead to a violation of a
recent court ruling to prohibit imports of fish products.
Plaintiffs Natural Resources Defense Council, Center for Biological
Diversity, and Animal Welfare Institute brought action in the
United States Court of International Trade to prevent irreparable
harm to the vaquita, a critically endangered marine mammal endemic
to Mexican waters of the northern Gulf of California. The principal
cause of the vaquita’s decline is entanglement and drowning in
gillnets. If current levels of legal and illegal gillnet fishing
continue, the species will likely be extinct in a few years. Prior
to the lawsuit, the plaintiffs had petitioned NMFS to prohibit,
under the authority of the MMPA, the import of fish and fish
products from these fisheries. On July 26, 2018, the court granted
plaintiffs’ motion for “a preliminary injunction requiring the
Government, pending final adjudication of the merits, to ban the
importation of all fish and fish products from Mexican commercial
fisheries that use gillnets within the vaquita’s range.” To ensure
that the United States is compliant with its obligations as a
Member of the WTO to be non-discriminatory in matters of trade, it
is necessary to avoid trade restrictions that are so broad as to
affect fisheries not governed by the injunction. Products of
fisheries that do not employ gillnets or do not operate within the
marine areas occupied by the vaquita must remain admissible to the
U.S. seafood market. To accomplish the necessary balance, NMFS
proposes to use a certification of admissibility whereby an
official of the Government of Mexico would attest to the origin of
the fish offered for entry into the United States as being derived
from a fishery that did not employ gill nets or that was not
operating the range of the vaquita. Absent such certification, the
fish products would be deemed inadmissible and the entry filing
would be rejected. NMFS would work with Customs and Border
Protection (CBP) to identify those fish and fish products that
would be subject to the import certification requirements so as not
to unnecessarily burden fisheries not subject to the court-ordered
injunction.
US Code:
16
USC 1826d-k Name of Law: High Seas Driftnet Fishing Protection
Moratorium Act
Program Change: Based on an
estimated 50% more activity in certifications filed due to the new
MMPA requirement, new totals would be: 90 respondents, 900
responses and 150 hours, with recordkeeping/reporting costs
remaining at a maximum of $10 per U.S. importer per year.
$24,270
No
No
No
No
No
No
Uncollected
Christopher Rogers 3017139090
ext. 117
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Proof of Admissibility
Signed Memo Oliver to Rao.pdf
0651 SS Revision MMPA (AY15).docx
Proof of Admissibility