NMFS Withdraws Proposed SIMP Expansion, to Begin 'Comprehensive' Review of Program

The National Marine Fisheries Service is withdrawing a proposed expansion of its Seafood Import Monitoring Program to cover additional species, and will instead conduct a “comprehensive” review of SIMP to consider the overall direction of the program, it said in a notice released Nov. 14.

“It is clear, based on the comments received” on the proposed rule, “combined with feedback received over the past few years, that this is the right time to review SIMP,” NMFS said in the notice. “There are a diverse array of viewpoints, and sometimes unrealistic expectations, on what SIMP should or could be doing. In order to strengthen our impact and effectiveness, it is important to better define our goals, and then identify clear mechanisms to achieve them.”

The December 2022 proposed rule would have added snapper, eels, squid and cuttlefish, octopus, queen conch, Caribbean spiny lobster and some species of tuna to the species already covered by the SIMP program (see 2212270034). It also would have made other changes, including clarifying that the importer of record and International Fisheries Trade Permit holder must be the same entity, and requiring U.S. agents to apply for the permit on behalf of non-U.S. companies.

Although NMFS is withdrawing the rule to conduct the review, the agency said it still may adopt similar provisions in the future, though it will "re-propose the action and provide new opportunities for comment," the agency said.

NMFS said it received “extensive public comments” in response to the proposal, including one from the National Customs Brokers & Forwarders Association of America opposing the proposed importer of record and U.S. agent requirements (see 2303310058). Other commenters wanted NMFS to take a more active role in stopping illegal seafood importers at the border via SIMP.

The agency responded in its withdrawal notice by noting that SIMP was established only as a “screening tool to identify and deter” illegal seafood imports. While the information NMFS receives through SIMP can lead to the interdiction of illegal seafood imports at time of entry, it wasn’t “designed to achieve that outcome, nor has that been typically how it functions,” NMFS said.

Nonetheless, the NMFS review will consider the basic goals of the program, including “the problem or problems that SIMP was designed to address,” as well as whether those goals are achievable and what steps, including additional tools, are needed to achieve those goals.

Anti-forced labor advocates have recently said SIMP should be expanded to address forced labor, in light of recent reports of the use of forced labor in seafood supply chains (see 2310240044).

"Addressing forced labor and unfair practices in the seafood sector remains a priority" for the National Oceanic and Atmospheric Administration, an NMFS spokesperson said when asked about whether forced labor will be considered in the review. "When evaluating potential species for inclusion in the program, labor-related concerns, such as forced labor and other labor abuses, were considered and noted in the 2022 proposed rule. In its comprehensive review, NOAA Fisheries will take into account all aspects of the Program, including the initial constraints that influenced the original framework of SIMP," the spokesperson said.

As part of the review, NMFS will “actively seek engagement and input from all relevant stakeholder groups, including industry, non-governmental organizations, other Federal agencies, congressional representatives, and foreign governments.” The agency “intends” to convene an “informal interagency working group to review our approach and identify possible strategies for increasing the effectiveness and impact of SIMP.” NMFS also will conduct “public listening sessions” to get input from "public stakeholders,” and consider comments already received on the withdrawn proposal.

The first listening session will be held Nov. 17 at 9 a.m. EST, "with details coming shortly," according to an NMFS news release. "We will post additional listening session details on our website and share them widely via email, e-newsletters, and social media."

"While NOAA Fisheries conducts its review, SIMP will continue to operate in its current form and capacity, with the list of priority species subject to program requirements remaining unchanged and all program requirements remaining in effect," NMFS said in another news release.