NMFS Proposes to Ban Fish and Fish Products from Countries "Negatively Certified" for Illegal Fishing, Bycatch, Etc. (Could Affect Other Products Too)
The National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NMFS) has issued a proposed rule to implement the identification and certification procedures required by the High Seas Driftnet Fishing Moratorium Protection Actto address illegal, unreported, and unregulated (IUU1) fishing activities and bycatch2 of protected living marine resources (PLMRs).
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Under the proposed rule, nations that are "negatively certified" by the Secretary of Commerce could face U.S. import prohibitions on their fish and fish products, limitations on port access, etc.
NMFS is seeking comments by May 14, 2009 on its proposed rule. In addition, NMFS will be holding public hearings in connection with this proposed rule in March, April, and May, 2009 in various cities (see below).
Highlights of Proposed Procedures
The following are highlights of the procedures proposed by NMFS' rulemaking (partial list):
Identification. NMFS would identify foreign nations whose fishing vessels are engaged in IUU fishing or fishing activities or practices that result in bycatch of PLMRs in a biennial report to Congress.
Notification and consultation. Once a nation has been identified in the biennial report, a notification and consultation process with those nations would be initiated.
Certification. NMFS would then initiate a certification process that considers whether the government of an identified nation has provided evidence that sufficient corrective action has been taken with respect to the activities described in the report or whether the relevant international fishery management organization has implemented measures that are effective in ending the IUU fishing activity by vessels of that nation. Nations would either receive a "positive" or a "negative" certification.
(Any nation negatively certified would remain negatively certified until the Secretary of Commerce determines that the nation has taken appropriate corrective action to address the IUU fishing activity and/or bycatch of PLMRs of its vessels.)
Without Positive Certification, Vessels Could be Denied Entry, Fish/Product Imports Prohibited
Under the proposed rule, if an identified nation does not receive a positive certification, the fishing vessels of such nation are, to the extent consistent with international law, subject to denial of entry into any place in the U.S. and to the navigable waters of the U.S. In addition, at the recommendation of the Secretary of Commerce, certain fish or fish products from fishing vessels of such nation may be subject to import prohibitions.
If Fish/Products Prohibition Insufficient, Any Product of That Nation Could be Prohibited
If certain fish or fish products from the vessels of such nation are prohibited from entering the U.S, the Secretary of Commerce would determine within six months after the imposition of the prohibition whether the prohibition is insufficient to cause that nation to effectively address the IUU fishing described in the biennial report (or that nation has retaliated against the U.S. as a result of the prohibition).
The Secretary of Commerce would subsequently certify to the President each such affirmative determination. Upon receipt of any such subsequent certification, any product from the nation could be prohibited from import for such duration as the President determines appropriate and to the extent that such prohibition is consistent with obligations under international trade agreements, including the World Trade Organization Agreement.
Public Hearings to be Held in March, April, and May 2009
NMFS has issued a separate notice announcing several public hearings to be held in connection with this proposed rule as follows:
March 16, 2009 in Boston, MA;
April 6, 2009 in Silver Spring, MD;
April 13, 2009 in La Jolla, CA;
April 14, 2009 in Seattle, WA; and
May 12, 2009 in Miami, FL.
1IUU fishing means: (1) Fishing activities that violate conservation and management measures required under an international fishery management agreement to which the U.S. is a party, including but not limited to catch limits or quotas, capacity restrictions, and bycatch reduction requirements; (2) Overfishing of fish stocks shared by the U.S., for which there are no applicable international conservation or management measures or in areas with no applicable international fishery management organization or agreement, that has adverse impacts on such stocks; or, (3) Fishing activity that has a significant adverse impact on seamounts, hydrothermal vents, cold water corals and other vulnerable marine ecosystems located beyond any national jurisdiction, for which there are no applicable conservation or management measures, including those in areas with no applicable international fishery management organization or agreement.
2Bycatch means the discarded catch of any living marine resource and/or mortality or serious injury of such resource due to an encounter with fishing gear that does not result in the capture of that resource.
(See ITT's Online Archives or 07/05/07 news, (07070525), for BP summary of NMFS' advance notice of proposed rulemaking on this topic.)
-comments due May 14, 2009
NMFS contact - Laura Cimo (301) 713-9090
NMFS proposed rule (D/N 070514119-81404-02, FR Pub 01/14/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-609.pdf
NMFS meeting notice (FR Pub 02/03/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-4478.pdf