NMFS Identifies 6 Nations for IUU Fishing, May Face Fish Import Restrictions

The report also contains formal “positive” certification decisions on six other nations which were previously identified in the 2009 report to Congress.

(On January 12, 2011, NMFS issued a final rule which specified the process for identifying countries that have engaged in IUU fishing activities and bycatch of PLMRs at any point in the preceding two years and laid out the process for certification of nations, either (1) “positively,” if they had taken measures to correct IUU problems; or (2) “negatively,” if they had not. NMFS notes that neither the current nor 2009 report yet identify countries for fishing activities involving the bycatch of protected living marine resources (PLMRs) and only identify countries for IUU fishing activities. See ITT's Online Archives or /12/11 news, 11011214, for BP summary of the final rule.)

Nations Identified in 2009 Report Positively Certified, No Restrictions Will Apply

The report also announces that the six nations identified in the 2009 report for engaging in IUU fishing in 2007 and 2008 (China, France, Italy, Libya, Panama, and Tunisia), have addressed the instances of illegal fishing that the report described. These nations have applied penalties to the vessels in question or adopted laws to strengthen control of their fishing fleets or both. Each has received a positive certification as a result of their actions and will not be subject to any trade restrictions.

Six New Countries Identified as Engaging in IUU Fishing Activities

Colombia, Panama, Venezuela, Ecuador, Italy, and Portugal are identified in the 2011 report as having fishing vessels that did not comply in 2009-2010 with measures agreed to under various international fishery management organizations, such as closed fishing seasons, vessel registry lists, and a ban on the use of driftnets. Other violations included illegal gear modifications, fishing without authorization, and possession of undersized bluefin tuna.

Italy and Panama were also included in the 2009 report, and although they have taken certain corrective actions, are again identified in the 2011 report because certain vessels from these countries still engaged in IUU fishing.

Consultations to Follow, Certification Will Depend on Actions Against IUU Fishing

The report's identification of the six countries will be followed by consultations to urge these nations to adopt effective measures to combat IUU fishing. Following the consultations, NOAA will formally certify, positively or negatively, whether each of the six nations have addressed the IUU fishing activities of their vessels.

Any Negatively Certified Nations Could Face Import & Vessel/Port Restrictions

If a nation fails to take appropriate action to address the instances of illegal fishing described in the report and receives a “negative” certification, that nation’s fish and fish product imports may be subject to import prohibitions. Further import restrictions on other products may also apply if the fish/product prohibitions are determined insufficient to cause that nation to effectively address the illegal fishing activities.

In addition, that nation’s fishing vessels may be denied entry into U.S. ports. If allowed entry, those vessels will be subject to inspection and may be prohibited from landing, processing, or transshipping fish and fish products. Services, including the refueling and re-supplying of such fishing vessels may also be prohibited.

NMFS Contact - Monica Allen (301) 713-2370

NMFS second biennial report to Congress available here.