Fisheries in Canada and other countries are protesting new efforts by United States to curb illegal, unreported and unregulated (IUU) imports, arguing they already have documentation and other good fisheries management measures that are required in the new regulations and should not be required to go through the time and expense required to comply.
Following the passage into law of the Illegal, Unreported and Unregulated Fishing Enforcement Act, which was approved unanimously by the U.S. Congress and signed by President Obama in 2015, the National Atmospheric and Oceanic Administration (NOAA) is seeking to align its rules regarding permitting and reporting requirements “to provide for traceability of seafood products offered for entry into the U.S. supply chain, and to ensure that these products were lawfully acquired,” according to a summary of NOAA’s plan.
Many of the 13 species included in the new regulations – including Atlantic cod, Pacific cod, swordfish, shrimp and tuna – are major Canadian seafood exports to the U.S. affecting millions of dollars in commerce. For example, according to 2015 export figures, the proposed rules could interfere with the export of CDN 39.6 million (EUR 27 million, USD 29.6 million) worth of shrimp. The proposed rule also proposes adding more species and products into the requirements.
“It could become a barrier to market access if it is done in a manner that is costly,” Michelle Boudreau, president of the Fisheries Council of Canada, told SeafoodSource. “Canada exports close to 65 percent of our [seafood] product to the U.S. We have requirements equal to the U.S. requirements for catch monitoring, reporting, lot identification and tracking. Canada has a model fisheries management regime and, as an industry, we strongly support efforts to end IUU fishing. But with this new rule, we are concerned that Canadians selling fish and seafood into the U.S. will be required to provide and retain data beyond what is required for domestic sellers.”
NOAA does not intend to discriminate against Canada and other nations with good fisheries management practices, John Henderschedt, director of the Office of International Affairs and Seafood Inspection for NOAA Fisheries, told SeafoodSource. Rather, the rules are a result of ensuring fair treatment of all countries and fisheries.
“We are not trying to call out Canada as a nation that does not have responsible fisheries management,” Henderschedt said. “It has everything to do with our international trade commitments and ensuring that we are treating our trading partners equally. We cannot promulgate a regulation that imposes reporting requirements on one country that we are not going to impose on other countries. We were mindful of this obligation in developing this proposed rule."
Henderschedt acknowledged that NOAA has received complaints from Canada and other nations and fisheries about the new rules.
“There is a general frustration with the fact that we are obligated to apply this rule in a very general manner,” he said. “Where nations or fisheries feel they have really good management and are not contributing to problems with IUU, a number of parties have expressed this is not fair or inappropriate.”
There is still an opportunity for individuals and fisheries to comment on the proposed rule. Written comments on the action, NOAA-NMFS-2015-0122, can be submitted by 5 April to: http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0122, or via mail by sending correspondence to Mark Wildman, International Fisheries Division, Office for International Affairs and Seafood Inspection, NOAA Fisheries, 1315 East-West Highway, Silver Spring, MD 20910.
A public listening session on the proposal will be held at Seafood Expo North America on Monday, 7 March, from 11 a.m. to 1 p.m.
The final rule will be published in September 2016, and importers will likely have up to a year from its publication date to implement the new policies.
