CSMS Message: 18-000124

This announcement is to inform trade that that all filings covered by the Seafood Import Monitoring Program regulations must comply with the electronic filing requirements in order for an entry to receive a “may proceed” beginning April 7, 2018.

On January 1, 2018, mandatory compliance with regulations requiring the electronic filing of certain data at the time of entry and retention of chain of custody records for certain imported fisheries products under the Seafood Import Monitoring Program (SIMP) became effective. See 50 CFR Part 300 Subpart Q. Pursuant to CSMS # 17-000783 issued December 18, 2017, the National Marine Fisheries Service (NMFS) initially adopted an “informed compliance” approach, working with Customs and Border Protection (CBP) and filers to facilitate their full and timely compliance with SIMP without impeding the release and clearance of shipments for which the entry filer had incomplete information or was unable to successfully submit those data into ACE. NOAA has observed an encouraging and steadily increasing rate of compliance with SIMP filings. Therefore, NMFS is providing notice that SIMP informed compliance provisions will cease on April 7, 2018.

Beginning April 7, filings for products flagged for NMFS SIM (NM8) data, with no SIMP data, that are incomplete, or that contain erroneous SIM PGA data, must be corrected before they will be accepted. Filers are also reminded that the SIMP program includes a records retention provision, and all entries subject to SIMP may be audited and became subject to enforcement action beginning January 1, 2018. Those engaged in the import, export or re-export of covered species must also comply with all other requirements of NOAA trade monitoring programs including the TTVP/NOAA 370, HMS ITP, and AMLR trade programs, as applicable.
For questions regarding compliance and submissions with SIMP data that are rejected and cannot be resolved by the filer, filers are encouraged to contact NMFS at SIMPsupport@noaa.gov or call the SIMP Support Line at 301-427-8301 with an explanation of the problem.

NOTE: The code for enforcing the SIM HTS flags with a reject, will be in the ACE CERT environment by March 20, 2018.

Additional information can be obtained by using the following links:
Federal Register Notice (81 FR 88975, December 9, 2016) establishing the Seafood Import Monitoring Program: https://www.gpo.gov/fdsys/pkg/FR-2016-12-09/pdf/2016-29324.pdf

Additional Guidance on Seafood Import Monitoring Program details, contacts and requirements are posted online at: http://www.iuufishing.noaa.gov/RecommendationsandActions/RECOMMENDATION1415/FinalRuleTraceability.aspx

Referenced By

CSMS #18-000232