Update: 4/25/2018
We previously reported that the Consolidated Appropriations Act 2018 (commonly called the omnibus spending bill), which was signed into law by President Trump on March 23rd, 2018, lifted the stay on inclusion of shrimp in the Seafood Import Monitoring Program (SIMP), with the effective date to be announced at a later date. Yesterday, NMFS announced that importers of shrimp and abalone must comply with SIMP starting December 31, 2018.
Shrimp and abalone importers should begin preparing to comply by applying for International Fishery Trade Permits and assembling required supply chain data. In addition, the NMFS anticipates that the ACE reporting function for these new requirements will be scheduled to start prior to December 31, 2018, so that U.S. importers of shrimp and abalone can test software for ACE entry reporting prior to the effective date for the new SIMP requirements.
Posted: 3/23/2018
As we previously reported, the National Oceanographic & Atmospheric Administration’s (NOAA) National Marine Fisheries Service (NMFS) has been utilizing its Seafood Import Monitoring Program (SIMP) to require importers of certain seafood species to file chain of custody data at the time of filing entry into the United States; the purpose of the SIMP program is to combat illegal, unregulated and unauthorized fishing and harvesting. “NOAA/NMFS and the Seafood Traceability Program: Enforcement for Shrimp? Full enforcement?” The SIMP “informed compliance” period (the period in which Customs has been permitting entry and release of certain seafood with missing SIMP data, so long as the data is supplemented in a timely manner) ends April 7, 2018.
Shrimp imports have not been required to comply with SIMP. However, in a major victory for domestic shrimp producers, the Consolidated Appropriations Act, 2018 (commonly called the omnibus spending bill) passed by Congress and signed into law by President Trump today lifts the stay on inclusion of shrimp in the SIMP. Commerce Secretary Wilbur Ross will now have 30 days to set the date by which shrimp imports must comply with SIMP, which must be no later than the end of calendar year 2018.
After talking with many of our shrimp importing clients and foreign shrimp producers, we understand that once the shrimp compliance date has been set, the true challenge will be in documenting the SIMP declarations. Most of the SIMP data is largely available for declaration – but being ready for an audit by NOAA/NMFS is where the challenges reside. Fortunately, we can help with that documentation, using a cloud-based process to make both the declaration and the later audits go more smoothly.
FDAImports.com’s regulatory specialists and affiliated attorneys routinely assist seafood manufacturers and importers with HACCP planning, import alert violations, detentions, and facility inspections. Contact us today with your concerns.
