Fishery Products Subject to Trade Restrictions Pursuant to Certification Under the High Seas Driftnet Fishing (HSDF) Moratorium Protection Act
Revision of a currently approved collection
No
Regular
Comment filed on proposed rule and continue
06/03/2025
12/17/2024
In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
06/30/2025
36 Months From Approved
07/31/2025
5,000
0
5,000
835
0
835
33,800
0
33,800
This request is for a revision of the current information collection pursuant to proposed rule 0648-BK86. NMFS is requesting OMB approval for the expanded information set on the paper form and the requirement for electronic submission of certain data elements from the form as part of entry filing through the Automated Commercial Environment (ACE). Importers would also be required to keep records of the form for a period of two years from the date of the import and obtain International Fisheries Trade Permit, if one is not already in possession, and include the permit number on the Certificate of Admissibility (COA) form. In addition, the proposed revisions would allow a foreign nation to use its own COA form, subject to approval by the National Marine Fisheries Service (NMFS).
Pursuant to the High Seas Driftnet Fishing Moratorium Protection Act (Moratorium Protection Act), the Marine Mammal Protection Act (MMPA), and the Atlantic Tunas Convention Act (ACTA), certain fish products may be excluded from U.S. markets. For example, if a nation is identified under the Moratorium Protection Act and fails to receive a positive certification decision from the Secretary of Commerce, certain fish or fish products from that nation may be prohibited from import to the United States. Similarly, if a nation does not receive a comparability finding for a fishery under the MMPA, products from that nation's fishery may also be prohibited. For ATCA, National Marine Fisheries Service (NMFS) is authorized to make determinations 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 under specific circumstances. In each case, if certain fish or fish products of a nation are subject to import prohibitions (e.g., harvest of a particular fishery), NMFS requires that similar fish or fish products from that nation that are not subject to the import prohibitions must be accompanied by Certification of Admissibility (COA) fish harvest record form to be eligible for entry into the United States. A duly authorized official/agent of the applicantâs Government must certify that the fish being imported into the United States are of a species, or from a fishery, not subject to the import restriction.
US Code:
16 USC 1826d-k
Name of Law: High Seas Driftnet Fishing Protection Moratorium Act
US Code:
16 USC 1361 et seq
Name of Law: Marine Mammal Protection Act
US Code:
16 USC 971 et seq
Name of Law: Atlantic Tunas Convention Act
In pursuant of upcoming rule 0648-BK86, adjustment to the burden estimate is based on recent prior year experience with import restrictions and speculation on a potential increase under the statutory authorities. As part of the proposed rulemaking, the increased hourly burden is also a result of the new requirement to electronically enter information to the ACE portal and obtain an International Fisheries Trade Permit.
$42,748
No
Yes
Yes
No
No
No
No
Bryan Keller 520 270-1226
Reginfo record details
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.
Certification of Admissibility Harvest Record Form
Supporting Statement A 0648-BK86.docx
Magnuson-Stevens Fishery Conservation and Management Act - 2007 Blue Book.pdf
Verification Response