Simp.international.presentation.5.9.201818 english
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The Seafood Import Monitoring Program establishes new permitting, reporting, and recordkeeping requirements for seafood imports. It aims to prevent illegal, unreported, and unregulated fishing and seafood fraud from entering the $96 billion U.S. seafood market. Key requirements include U.S. importers obtaining permits and reporting electronic harvest data at import. Importers must also retain chain of custody records for two years. Mandatory compliance for shrimp and abalone begins December 31, 2018.
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Simp.international.presentation.5.9.201818 english
- 2. Driving Factors for U.S. Action Illegal, Unreported and Unregulated (IUU) fishing and seafood fraud – • threatens valuable natural resources that are critical to global food security • puts law-abiding fishers and seafood producers, here in the U.S. and abroad, at a disadvantage. $96 billion U.S. seafood market • The Seafood Import Monitoring Program will help to ensure that products of IUU fishing or seafood fraud stay out of the $96 billion U.S. seafood market.
- 3. April2018 2018 December2016 January2018 April 2018 Stay on shrimp and abalone lifted December 31, 2018 Mandatory compliance date for shrimp and abalone. February 2017 Proposed Rule for a Seafood Import Monitoring Program January 2017 Final Rule for a Seafood Import Monitoring Program released. January 2018 • Mandatory compliance date for priority species, except shrimp & abalone • Shrimp & abalone stayed until comparable traceability for domestic aquaculture established February2016 US Government Task Force to Combat IUU Fishing and Seafood Fraud December2018 Throughout 2018 Develop a domestic traceability program for SIMP aquaculture species
- 4. What is the Seafood Import Monitoring Program?
- 5. The Seafood Import Monitoring Program establishes permitting, data reporting and recordkeeping requirements for the importation of certain priority fish and fish products that have been identified as being particularly vulnerable to IUU fishing and/or seafood fraud.
- 6. Which seafood species/products will be affected?
- 7. SINGLE SPECIES Abalone Atlantic cod Blue crab (Atlantic) Dolphinfish (Mahi Mahi) King crab (red) Pacific cod Red snapper SPECIES GROUPS Grouper Sea cucumber Sharks Shrimp Swordfish Tunas Albacore, Bigeye, Skipjack, Bluefin, Yellowfin Appendix with all species and ASFIS codes available at iuufishing.noaa.gov Priority Species
- 8. What information will be required? 1. Permitting 2. Data Reporting and 3. Recordkeeping
- 9. Responsible Party The U.S. Importer of Record • Obtain an International Fisheries Trade Permit: • Entity/Individual must have U.S. residency • Apply at National Permit System Website: https://fisheriespermits.noaa.gov/npspub/pub_cmn_login/index_live.jsp • Available online now, permit effective for one year, $30 fee, annually renewable • Keep records documenting harvest and chain of custody of product, such as: • Transshipment (bills of lading, declaration of vessels) • Processing, re-processing, and commingling of product • Primary contact for audits • Non-compliance may result in enforcement action
- 10. Information to be Collected/Reported The First Off-loading Species of fish – Aquatic Sciences Fishery Information System (ASFIS) code Product form and weight at time of landing Landing date Landing port or delivery location Name and contact information of entity and facility to which the fish was first landed or delivered The Harvest Event Name and flag state of harvesting vessel Evidence of authorization to fish (permit or license number) Unique vessel identifier (when available) Type of fishing gear used Name of farm or aquaculture facility Area of wild-capture or aquaculture harvest
- 11. Small Scale Fisheries • Fishing Vessels ≤ 12 meters in length or ≤ 20 gross tons • Aquaculture deliveries ≤ 1,000 kg • Multiple small-scale deliveries to 1 collection point in 1 day can be consolidated in an Aggregated Harvest Report • Not required: Individual vessel/farm • Required: Number of deliveries, all other data elements
- 12. Key Points to know about the Seafood Import Monitoring Program
- 13. 3. Two types of traceability information are required : A) Harvest and Landing Information: must be reported electronically at the time of import through International Trade Data System (ITDS). B) Chain of Custody Records: Documents that trace the product from harvest to point of entry into U.S must be retained by the U.S. importer of record for 2 years and can be requested in an audit. 1. SIMP applies only to seafood entering the U.S. from a foreign country (including re- imported seafood harvested in the U.S.) 4. The information collected under this program is confidential. 2. The importer of record must hold U.S. residence and have a current International Fisheries Trade Permit. 5. December 31, 2018 is the mandatory compliance date for shrimp and abalone products. Seafood Import Monitoring Program Key Points
- 14. How you can prepare for the December 31, 2018 shrimp & abalone mandatory compliance date?
- 15. Prior to December 31, 2018: Harvesters, Processors, Shippers etc.: Collect data required for SIMP compliance Transfer information to your Importer of Record U.S. resident Importers of Record: Obtain an International Fisheries Trade Permit Conduct a sample audit of records (optional) Entry filers: Develop software to support entry filing in ITDS Participate in pilot testing Preparing for SIMP
- 16. To offer optional benefits and incentives for holders of an International Fisheries Trade Permit (IFTP) certified as Commerce Trusted Traders to obtain a more streamlined entry of seafood products into U.S. commerce. Final Rule expected to be released in late 2018. Potential benefits may include: Expedited flow of trade. Reduced burden of meeting Seafood Import Monitoring Program record keeping requirements. Commerce Trusted Trader Program
- 18. Seafood Import Monitoring Program 1. December 31, 2018 is the mandatory compliance date for shrimp and abalone. 2. US importer will supply data to Customs. 3. Chain-of-custody records must also be kept by importer, in addition to the harvest and landing data.
- 19. Resources IUU and Seafood Fraud Taskforce web portal - www.iuufishing.noaa.gov • Public meetings, Model forms, Q&A ‘Compliance Guide’, Translated Materials • Sign up for SIMP updates! Contacts • Questions related to requirements of the SIMP, contact: Celeste Leroux, Celeste.Leroux@noaa.gov NOAA Fisheries’ Office of International Affairs and Seafood Inspection • Questions related to entry filing in ITDS and pilot testing, contact: Dale Jones, Dale.Jones@noaa.gov NOAA Fisheries’ Office of Science and Technology
Editor's Notes
- The 2015 total includes USD 64.8 billion (EUR 59.3 billion) in spending at food service establishments (primarily restaurants) and USD 31.0 billion (EUR 29.4 billion) in retail sales for home consumption. (Fisheries of the US, NOAA annual consumption report, 2016)
- SIMP is promulgated under authority of Section 307(1)(Q) of the MSA which prohibits, among other things, imports of fish "taken, possessed, transported, or sold in violation of any foreign law or regulation or any treaty or in contravention of any binding conservation measures adopted by an international agreement or organization to which the United States is a party.
- Permitting = International Fisheries Trade Permit Data reporting = electronic data entry to Customs Recordkeeping = electronic or paper files kept by US importer Effective Jan 9.2017 - Final Rule for a Seafood Import Monitoring Program / Mandatory Compliance – January 1, 2018
- U.S. domestic regulations are already in place requiring that catch and landing information for domestically caught seafood, however now with SIMP, foreign seafood suppliers will be held to the same regulations.
- IFTP Language: Any person, including a resident agent for a nonresident corporation (see 19 CFR 141.18), who imports as defined in §300.321, exports, or re-exports fish or fish products regulated under this sub-part from any ocean area, must possess a valid International Fisheries Trade Permit (IFTP) issued under this section. Fish or fish products regulated under this subpart may not be imported into, or exported or re-exported from, the United States unless the IFTP holder files electronically the documentation and the data sets required under this subpart with U.S. Customs and Border Protection (CBP) via ACE at the time of, or in advance of, importation, exportation or re-exportation. If authorized under other regulations under this title or other applicable laws and regulations, a representative or agent of the IFTP holder may make the electronic filings. Only persons resident in the United States are eligible to apply for the IFTP.
- Small-scale fisheries – In response to public comment on the proposed rule. SIMP exempts an importer from providing vessel- or aquaculture facility-specific information, if the importer provides other required data elements based on an aggregated harvest report. The rule defines aggregated harvest report as a record that covers: (1) Harvests at a single collection point in a single calendar day from small-scale vessels (i.e., twelve meters in length or less or 20 gross tons or less); (2) landing by a vessel to which catches of small-scale vessels were made at sea; or (3) deliveries made to a single collection point (processing facility, broker, or transport) on a single calendar day by aquaculture facilities that each deliver 1,000 kg or less in that day. Even if there is an Aggregated Harvest Report, the importer must still provide all of the information required under § 300.324(b)(2)-(3), (e.g., total quantity and/or weight of the product(s) as landed/delivered, harvest or landing date, fishing area, species). A model Aggregated Catch Certificate is available on the web portal.
- SIMP is promulgated under authority of Section 307(1)(Q) of the MSA which prohibits, among other things, imports of fish "taken, possessed, transported, or sold in violation of any foreign law or regulation or any treaty or in contravention of any binding conservation measures adopted by an international agreement or organization to which the United States is a party.
- Effective Jan 9.2017 - Final Rule for a Seafood Import Monitoring Program. About a one year timeline for mandatory compliance – which is January 1, 2018
- -Establishing a voluntary Commerce Trusted Trader Program is a valuable component for providing an effective seafood traceability process to combat IUU fishing and seafood fraud. -Through implementation of a Commerce Trusted Trader Program, NOAA intends to establish within the Seafood Import Monitoring Program optional benefits and incentives for holders of an International Fisheries Trade Permit (IFTP) to obtain a more streamlined entry of seafood products into U.S. commerce. NOAA is also seeking input on whether benefits under the Commerce TrustedTrader Program should also be available to participants in the seafood supply chain other than importers. -NOAA is seeking public comment on the scope, design and implementation of the Commerce Trusted Trader Program to ensure a coordinated effort with members of the trade community.