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Report indicates key tuna stocks in Western and Central Pacific Ocean are healthy

December 12, 2019 — Pacific bigeye, yellowfin, albacore, and skipjack tuna are all reported to be in healthy condition, according to a 2018 stock assessment announced this week during the 16th Western and Central Pacific Fisheries Commission (WCPFC) meeting in Port Moresby, Papua New Guinea.

The Pacific Community’s (SPC) stock assessment report stated that the estimate of the total tuna catch in the WCPFC Convention Area for 2018 is 2,790,859 metric tons (MT), which represents 81 percent of the total Pacific Ocean catch of 3,443,174 MT, and 54 percent of the global tuna catch, which was 5,172,543 MT.

Read the full story at Seafood Source

Western Pacific Council Urges NMFS Use New Model for Swordfish Fishery; Reference Point for Albacore

November 4, 2019 — SEAFOOD NEWS — The Western Pacific Regional Fishery Management Council discussed changes related to the interaction of sea turtles in the swordfish fishery and the South Pacific albacore fishery when it met in American Samoa last week. Both require the National Marine Fisheries Service to agree with Council’s action to move forward.

The Council urged NMFS, on the Hawaii deep-set longline fishery consultation under the Endangered Species Act (ESA) consider all anticipated scientific information in the biological opinion. This should include the new model developed by the Pacific Islands Fisheries Science Center that evaluates the impacts of fishery interactions on the North Pacific loggerhead and Western Pacific leatherback sea turtle populations.

The Council’s Scientific and Statistical Committee, prior to last week’s Council meeting, endorsed the new model as best scientific information available for evaluating the fisheries’ impacts. The results of the model for the shallow-set (swordfish) longline fishery showed no discernible impact of the fishery’s interactions on the population trend of loggerhead turtles over the next 100 years. For leatherbacks, it showed a small change in the long-term population trend, indicating that the population impact from the fishery would occur five years earlier at the end of the 100-year period.

The NMFS scientist noted the primary impacts to the leatherback population include directed fisheries and nesting predation where the turtles nest in Indonesia and Papua New Guinea.

The Council also urged NMFS to apply the model to the Hawai’i deep-set (tuna) and American Samoa longline fisheries so they may be considered in the ongoing consultations. It also recommended NMFS work with the Council to develop only necessary sea turtle protection measures under the ongoing consultations for the Hawai’i deep-set and American Samoa longline fisheries that are appropriate and practicable and ensure the sustainability of the fisheries.

Additionally, the Council will work with NMFS to evaluate the impact of any management actions for reducing turtle interactions on the economic performance and socioeconomic effects of the shallow-set and deep-set longline fisheries, including consideration of the effect on protected species being transferred to foreign fisheries should the U.S. longline fishery close.

Regarding South Pacific albacore tuna, the Council requested NMFS compile and evaluate the catches of albacore from Chinese-flagged longline vessels operating in the southwest Pacific and compare them to the catches and performance of the American Samoa longline fleet.

The Council also wanted to move forward on creating a reference point for South Pacific albacore. It requested NMFS and the U.S. delegation to the Western and Central Pacific Fisheries Commission work with other international delegations to develop the reference point. It should include the catch per unit effort of small island developing states and participating territories to reach historical levels, in addition to a biomass target reference point.

Furthermore, they should also work with other international delegations to develop:

a) a harvest plan for South Pacific albacore to achieve its target reference points “soonest” and under 20 years; and

b) an allocation scheme for countries and cooperating members in which small island developing states and participating territories are exempt from annual catch reductions to reach the target reference point or that they can maintain catches commensurate with historical optimal levels. The allocation scheme must take into consideration charter arrangements and allocations should be accounted by fishing vessel registry, such that conservation benefits are not undermined.

This story was originally published on SeafoodNews.com, a subscription site. It is reprinted with permission.

MSC: True World Foods commits to sustainable, traceable wild caught seafood

September 6, 2019 — The following was released by the Marine Stewardship Council:

True World Foods, wholesale provider of sushi-grade product to restaurants, hotels, and supermarkets throughout the US, has achieved MSC Chain of Custody (COC) certification for its albacore, sockeye salmon, and Atlantic surf clam. With COC certification, True World Foods guarantees that fish can be traced throughout the supply chain to an MSC certified source, demonstrating the company’s commitment to sustainability.

“True World Foods is proud to partner with the Marine Stewardship Council (MSC) in striving to ensure all of the seafood we secure for our customers comes from only reputable and sustainable sources worldwide,” said Robert Bleu, President of True World Group (Holding Company which owns the True World Foods Organizations). “We are active with multiple organizations such as MSC to foster and create a future which provides sustainable seafood for years to come.

The MSC is an international non-profit organization, established to safeguard seafood supplies for the future. Recognized as the world’s leading certification program for sustainable, wild-caught seafood, the MSC works with leaders within the fishing industry and seafood sector to create a more sustainable seafood market. MSC certification is a voluntary, science-based program verified by an independent, third party organization.

To be sold as MSC certified, seafood from MSC certified fisheries can only be handled, processed and packaged by organizations with a valid Chain of Custody certificate. These organizations are audited regularly by independent certification bodies to ensure that they comply with the MSC Chain of Custody Standard. This requires that MSC certified seafood is only purchased from certified suppliers and is always identifiable, segregated from non-certified seafood and sold with the correct paperwork identifying it as certified. MSC regularly monitors the supply chain and auditor application of the MSC Standard to ensure that requirements are being followed correctly.

“True World Foods is demonstrating leadership in sustainability with this achievement,” said Brian Perkins, Regional Director, Americas for the Marine Stewardship Council. “Chain of Custody certification is important for supply chain sustainability as well as for consumers, because it assures that standards are met throughout the supply chain, and that the products are traceable back to a sustainable fishery. This is a notable accomplishment and we’re proud of True World Food’s dedication to sustainable seafood.”

True World Foods, LLC’s COC certification will expire in June 2022 and must undergo annual audits to ensure the MSC Standard continues to be met.

Pacific fisheries ministers push for WCPFC reforms

June 11, 2019 — Fisheries ministers in the Pacific said while stocks of bigeye, yellowfin, albacore, and skipjack tuna are all to be in a healthy condition in the Western and Central Pacific Ocean, there should be no room for complacency on management measures as it could “lead to increased commercial pressure on those fisheries.”

The Parties to the Nauru Agreement is made up of the Federated States of Micronesia, Palau, the Marshall Islands, Kiribati, Tuvalu, Nauru, the Solomon Islands, Papua New Guinea, and Tokelau, which collectively maintain a purse-seine vessel day scheme (VDS). According to a communique signed by the ministers at the end of the annual PNA meeting in Palau on 30 May, all tuna stocks in the region are at healthy levels.

Scientists with the Pacific Community or SPC has earlier reported that Western and Central Pacific tuna stocks are healthy compared to other stocks in other oceanic regions due to the conservation measures implemented by PNA. The total annual tuna catch in PNA waters is around 1.6 million metric tons, including about 50 percent of the world’s supply of skipjack tuna. About half of the total tuna catch from PNA waters, or about 790,000 metric tons, is certified by the Marine Stewardship Council.

“Ministers welcomed the scientific advice that all major tuna stocks in PNA waters were reported as healthy and none were assessed as overfished or subject to overfishing,” the announcement stated.

However, the PNA statement said maintaining healthy tuna stocks is only possible with a continued effort to strengthen regional management of the fisheries.

Read the full story at Seafood Source

Bumble Bee Foods, LLC and FCF Partner with Ocean Outcomes to Improve Longline Tuna Fisheries

January 15, 2019 — The following was released by Bumble Bee Foods, LLC, FCF Fishery Company, Ltd., and Ocean Outcomes:

Bumble Bee Foods, LLC, FCF Fishery Company, Ltd., and Ocean Outcomes have announced a major initiative to improve fishing practices of the albacore longline tuna fisheries in the Indian Ocean and Western and Central Pacific Ocean from which Bumble Bee sources.

“As we procure a significant amount of albacore tuna annually to meet demand for our products, we are in a unique position to help ensure the long term sustainability of longline albacore fisheries,” said Mike Kraft, Vice President, Sustainability at Bumble Bee. “All of that tuna comes from healthy stocks. This initiative will launch two Fishery Improvement Projects (FIPs) to help ensure those stocks remain healthy, while working to close identified gaps between current fishery operations and other MSC principles.”

A positive transformation of tuna management and tuna fishing practices is gaining momentum, especially in the purse seine sector, but not all harvesting sectors are as far along. Recent catch sector engagement initiatives – such as the Global FIP Alliance for Sustainable Tuna (GFAST) – have made progress in addressing the challenges of international management of tuna fisheries, but there is clearly an opportunity to increase participation from Northeast Asian longline fleets.

“This bold step by Bumble Bee, FCF and their supplying longline vessels blazes a trail for key tuna catchers to join the sustainable tuna movement,” said Daniel Suddaby, who is leading the project for Ocean Outcomes.

Bumble Bee sources its albacore tuna through FCF, a Taiwanese-founded company that works closely with fishing vessels. FCF, a partner in the initiative, will work with their associated longline fleets towards improved fishing practices.

“This is a fantastic opportunity for FCF to proactively engage the hundreds of tuna vessels we work closely with on a journey towards global best practices,” said Fong Lee, Sustainability Officer at FCF.

“We know sustainable tuna fisheries require robust harvest strategies. And we know transparent monitoring of fishery impacts is critical for addressing any negative effects on surrounding ecosystems. These FIPs will work towards both those goals,” said Suddaby.

As a next step in the initiative, project partners are formalizing both the Indian Ocean Albacore Tuna Longline FIP and the South Pacific Albacore and Yellowfin Tuna Longline FIP. As part of that process they are developing FIP workplans and recruiting FIP participants.

Bumble Bee Foods, LLC, headquartered in San Diego, is North America’s largest branded shelf-stable seafood company, offering a full line of canned and pouched tuna, salmon, sardine and specialty protein products marketed in the U.S. under leading brands including Bumble Bee®, Brunswick®, Snow’s®, Wild Selections® and Beach Cliff®, and in Canada under the Clover Leaf® brand. Bumble Bee’s mission is to provide healthy and nutritious products and meal solutions that are sourced sustainably. The company actively promotes the responsible stewardship of global fisheries resources and is a founder of the International Seafood Sustainability Foundation (ISSF)—a global partnership of scientists, tuna processors and WWF, the global conservation organization.

FCF Fishery Company, Ltd. (FCF) is one of the world’s largest marine products integrated supply chain service provider companies specializing in tuna. An industry leader in sustainability and traceability, and FAD-free fishing policy, FCF works closely with governments and non-governing organizations to ensure the environmental sustainability of tuna stock and marine life products around the globe.

Ocean Outcomes (O2) is an international organization which works with local communities, fisheries, and the seafood industry to improve the environmental, social, and economic sustainability of fisheries and aquaculture operations.

Tuna fishermen report strong year, long runs

September 5, 2018 — For freshness, there’s just no comparison.

That was the conclusion of San Jose resident Russell Taylor, who ambled up to The Barge on Newport’s Dock 7 on Wednesday to scope out the supply.

“You can’t beat the fish,” he said.

It’s busy times and good landings for the Newport tuna fleet. Daily, crowds gather boatside to watch the glint of steel and the deft movements of deckhands rendering whole tuna into loins ready for the grill or canning jar.

John Kosta, co-captain of the Fishing Vessel Pacific Rim, prepared his boat for departure on Wednesday by arranging ice blankets in the hold to keep the ice from melting. He planned to be back in harbor, selling fish in time for Labor Day Weekend.

“We’re gonna soak some gear anyway,” he said. “We’re gonna have tuna for sale — fresh, bled, iced — right off the dock.”

Sales of albacore have been brisk, but captains report they are having to work for them.  The migratory fish draw near to the coast in the summer and fall, following warm ocean currents. The albacore tend to bite when the water temperature climbs above the 60-degree mark, but some years those warmer waters don’t reach as close to the shoreline.

Read the full story at the Newport News Times

After slow-paced 2017 season, albacore trollers hope landings pick up

July 13, 2018 — West Coast albacore trollers saw a slower paced fishery in 2017. Landings at the end of the year stood at 7,470.7 metric tons, according to data from PacFIN. Ex-vessel prices of $2.12 per pound brought fleet revenues to $34.87 million. In 2016, landings for the South and North Pacific regions tallied up to 10,266.23 metric tons at ex-vessel prices of $2.10 per pound for revenues of $3.73 million.

Last year’s harvest came in significantly lower than the 20-year average.

“West Coast fishing was pretty slow,” said Wayne Heikkila, executive director of Western Fishboat Owners Association, in Redding, Calif. “The harvest was about 40 percent down.”

Fishing for albacore in the South Pacific proved equally slow. It wasn’t that the fish weren’t there, according to Heikkila. They were just spread out and hard to find.

“They got fish pretty much everywhere,” said Heikkila. “Some boats went all the way west to the dateline, but it was like 2005, when it was hard to catch 40 to 50 fish a day.”

The scattered schools in both the South Pacific and nearshore waters of the West Coast dashed hopes of a large harvest.

“A lot of the catch was late,” said Heikkila. “But it ended up a little better than we thought it would.”

As the fleet readied for this year’s season, questions remained whether last year’s sparse concentrations of albacore would go down as an anomaly or part of a trend — and whether ocean conditions making the swing from El Niño toward La Niña would play an optimistic hand in returning the catch closer to its 20-year average.

Read the full story at National Fisherman

Yellowfin and Bigeye Catch Limit, FAD Data Improvements, and Increased Observer Coverage Top Conservation Group’s “Asks” for Sustainable Atlantic Tuna Fisheries

November 14, 2017 — WASHINGTON — The following was released by the International Seafood Sustainability Foundation: 

The International Seafood Sustainability Foundation (ISSF) has released its position statement in advance of the 25th Regular Meeting of the International Commission for the Conservation of Atlantic Tunas (ICCAT) in Marrakech, Morocco, on 14-22 November 2017.

“ICCAT made substantial headway last year by agreeing to maintain total allowable catch levels for yellowfin and bigeye tuna stocks, which have experienced overfishing in recent years,” said ISSF President Susan Jackson. “But ICCAT’s science committee estimates that catch limits for bigeye and yellowfin were still exceeded in 2017, by 11 percent and 16 percent, respectively. The situation must be addressed.”

ISSF is asking that ICCAT adopt stock-specific measures in line with its science committee’s advice and that it allocate the yellowfin catch limit by gear type so that ICCAT member countries can know their individual limits. ICCAT must also ensure that fishing capacity of purse seine fleets is in line with catch limits and adopt in-season catch monitoring to avoid exceeding those limits.

FAD Management

ISSF also asks that ICCAT immediately address persistent gaps in FAD data reporting and ensure that requirements for non-entangling FADs are met. Further, ICCAT should implement its FAD Working Group recommendation to extend 100 percent observer coverage on large-scale purse seine vessels to the entire year.

“FAD sets account for nearly 50 percent of tropical tuna catches in the Atlantic Ocean,” Jackson continued. “We have to improve the monitoring and management of FAD usage in all ocean regions, and that starts with RFMO contracting parties complying with required data reporting. ICCAT scientists cannot effectively analyze and provide management recommendations on FADs without access to the best information.”

Longline Observer Coverage

Troublesome data gaps also persist for the longline sector. ICCAT scientists have highlighted that the current 5% observer coverage requirement is inadequate to provide reasonable estimates of total bycatch. And data on observer coverage in longline fisheries indicates some fleets are not meeting even this 5% mandatory minimum. This lack of data on longline catches and interactions with non-target species hinders scientific input on effective conservation measures. It must be rectified.

ISSF urges ICCAT to implement its scientific staff’s recommendation to increase the minimum level of observer coverage to 20% for longline fleets, and other major gears. At the same time, ICCAT must strengthen compliance by identifying and sanctioning non-compliance through its Compliance Committee. ISSF is also recommends that ICCAT develop binding measures to ensure the safety of human observers.

Other priority improvements in the ISSF position statement include:

§  Adoption of interim Harvest Control Rules (HCRs) for North Atlantic Albacore that have been tested by the science committee and execution of an independent peer review of the management strategy evaluations set in place last year.

§  Adoption of measures to strengthen the region’s existing shark finning measures and reduce catches of northern shortfin mako sharks, and require that accurate data are collected and submitted on catches of all oceanic sharks.

§  Development of E-monitoring and E-reporting standards for longline vessels, as soon as possible.

§  Adoption of further amendments to modernize the ICCAT VMS measure and bring it in line with global best practices.

Read the full position statement in English, French or Spanish.

About the International Seafood Sustainability Foundation (ISSF)

The International Seafood Sustainability Foundation (ISSF) is a global coalition of scientists, the tuna industry and World Wildlife Fund (WWF) — the world’s leading conservation organization — promoting science-based initiatives for the long-term conservation and sustainable use of tuna stocks, reducing bycatch and promoting ecosystem health. To learn more, visit https://iss-foundation.org/, and follow ISSF on Twitter,Facebook and Instagram.

National Fisheries Institute Sues NOAA Over New Seafood Fraud Import Rules Claiming Regulatory Overreach

January 10, 2017 — SEAFOOD NEWS — The National Fisheries Institute, six major seafood companies, and two West Coast Associations sued the Obama Administration over the final US Rule regarding seafood import regulations in federal district court on Friday, Jan 6th.

The six company plaintiffs are Alfa International, Fortune Fish & Gourmet, Handy Seafood, Pacific Seafood Group, Trident Seafoods, and Libby Hill Seafood Restaurants.  Also the Pacific Seafood Processors Association and the West Coast Seafood Processors Association joined the lawsuit.

The Final rule was announced on December 9, 2016, and was the culmination of the regulations that were developed at the urging of the Presidential Task Force on Seafood Fraud.

The suit is unusual in that NFI was the leading advocate for action against seafood fraud over the past decade. However, NFI claims that the new rule is not based on a risk assessment with data about seafood fraud, but without evidence will impose enormous and unjustified costs on the American public and the seafood industry.

In a statement, John Connelly, President of NFI, said “The National Fisheries Institute (NFI) and our members have led industry efforts to combat both Illegal, Unregulated and Unreported (IUU) fishing and seafood fraud for the last decade.  NFI has supported most U.S. government efforts to eliminate illegal fishing and urged the government to do more to ensure accurate labeling.”

NFI began publicizing and working against seafood fraud more than a decade ago, focusing on the lack of any enforcement over seafood labeling regarding net weights and product integrity.  At the time, US buyers were being flooded with offers for seafood with glaze (protective ice coatings) of 20% to 40% of the total weight of the product, leading to a hugely misleading price per lb.

Also NFI worked with the FDA and NOAA on better enforcement of seafood labeling, including attacking mislabeling of species in commerce.  As a result of this pressure a number of states increased their enforcement of state labeling requirements on seafood.

Finally, NFI aggressively supported NOAA action against IUU fishing, including traceability requirements on species like toothfish, the signing of the UN Port State Measures Agreement, and the authority of NOAA to blacklist products from IUU vessels from entering the United States.

So why, after a decade of work, would NFI feel compelled to sue over the implementation of the Presidential Task Force rule, through NOAA, to combat seafood fraud.

The simple answer is that the Task Force refused to recognize the major ways in which fraud was already reduced, and would not accept a data driven approach to defining risk.

Instead, the Task force defined 13 species ‘at risk’ that were the target of enforcement under the act, without any verifiable documentation that seafood fraud was a significant problem with these species.

Connelly says in the rush to publish the rule, NOAA and the Obama administration refused to disclose the data used to craft it, and grossly miscalculated compliance costs.  The Office of Management and Budget made a back of the envelope calculation under the Paperwork Reduction Act that the cost to the industry would be $6.475 million, based on about 30 minutes additional work on each container.

The industry thinks costs could exceed $100 million per year, with a total economic impact on the seafood sector of as much as $1 billion.

The reason is that there is a total mismatch between the requirements in the rule and the way in which seafood is actually harvested, collected, processed and imported.

Connelly says NOAA “grossly underestimates the cost and impact of the regulation on those companies doing the right thing, and will not solve the problem. NOAA’s fundamental shift from targeted investigation of the suspected guilty to arbitrary and massive data collection from the innocent creates an enormous economic burden on American companies.”

One of the most glaring examples of the overreach is that in the Task Force, there was wide praise for the EU rule on traceability that requires exporters to the EU to certify the vessels from which the products originated.  But at the same time, the EU provides a wide exemption to countries that have sufficient internal fisheries management controls.  So for example, neither Norway, Iceland, the US, or New Zealand, for example, are subject to this requirement.

But NOAA’s rule makes no exemptions for the lower risk of fraud from countries where enforcement and management is at the highest standard.

The rule would apply to ten species of fish and the five species of tuna, or 15 commodities altogether.  The agency has deferred rule-making on shrimp and abalone.

The ten species are:  Atlantic Cod, Pacific Cod, Blue Crab, Red King Crab, Mahi Mahi, Grouper, Red Snapper, Sea Cucumber, Shark, and Swordfish.

In addition, Albacore, Bigeye, Skipjack, Yellowfin and Bluefin tuna are included.

The complaint filed by NFI says:

“According to the Government’s own studies, most mislabeling occurs after seafood has entered the United States and even though many U.S. importers subject imported seafood to DNA testing to preclude fraud at the border. The Rule would accomplish its goals by requiring that fish imported into the United States be traceable to the boat or to a single collection point, time, and place that the fish was caught, and that this information be entered into a master computer program operated by the Government.

“The Rule, were it to go into effect, would remake the way in which seafood is caught, processed and imported around the World. These changes to food processing practices in every nation would reduce exports into the United States and would dramatically increase the cost of catching, processing and importing seafood. Fishermen, many of whom are subsistence workers operating in Third World Nations, would have to keep track of each fish harvested, as would the brokers who purchase the seafood from the fisherman, and processors who handle catches from hundreds of fishermen would have to be able to trace each piece of fish to a specific vessel and specific fishing events or to a single collection point. This would require significant changes in the way fish are processed overseas. It would also affect the way in which fish are processed in the United States, because these requirements would also apply to all domestically caught or farmed seafood covered by the Rule that are shipped outside the U.S. for processing and re-imported back into the United States.”

If implemented the rule will drive up seafood prices and reduce consumption, the exact opposite of the advice to consumers from government health agencies.

Alfa Seafood says “The Rule would require processors in Ecuador and Peru, where most of Alfa’s seafood originates, to change the way in which fishermen or brokers document their catches and the way in which processors actually process these catches, so that fish imported into the United States can be traced to a particular fishing event or to a single collection point. This will add hundreds of thousands of dollars to Alfa Seafood’s cost of importing fish, assuming that the processors abroad are willing to modify the way in which they process fish.

Handy says they already use DNA testing for all their imports to ensure accuracy.  “If Handy’s processors modified their processing methods to segregate product by Aggregate Harvest Report and gathered the information required by the Rule, both the price of Blue Crab to Handy, as well as at retail, would increase by approximately 28%. The price of Grouper would increase by about 8% with a similar impact at retail.

Libby Hill restaurants says  “The Department’s Rule would force Libby Hill to charge more for many popular seafood menu items, thus hurting its business and driving customers to less healthy fast-food options. Further, because of the very real possibility that certain species under the Rule may become less available in the U.S. market, Libby Hill may have to contend with supply interruption that will make it more difficult to attract return customers expecting to be able to rely on the same menu from visit to visit. Because return customers are essential in the fast-casual category of the restaurant industry, such uncertainty could have a debilitating impact on Libby Hill’s business.”

The rule would require the following to be entered for each seafood entry subject to the regulations:

a. Name of harvesting vessel(s).
b. Flag state of harvesting vessel(s).
c. Evidence of authorization of harvesting vessel(s).
d. Unique vessel identification(s) of harvesting vessel(s) (if available).
e. Type(s) of fishing gear used in harvesting product.
f. Names(s) of farm or aquaculture facility.
g. Species of fish (scientific name, acceptable name, AND an AFSIS number.
h. Product description(s).
i. Name of product(s).
j. Quantity and/or weight of the product(s).
k. Area(s) of wild-capture or aquaculture location.
l. Date(s) of harvest or trip(s).
m. Location of aquaculture facility [Not relevant to wild caught seafood].
n. Point(s) of first landing.
o. Date(s) of first landing.
p. Name of entity(ies) (processor, dealer, vessel) of first landing.
q. NMFS-issued IFTP number.
It would be a violation of Magnuson-Stevens to import any at-risk seafood without a valid IFTP number.

The rule would also reach into the US domestic industry, where currently no such reporting requirements exist, because any seafood exported from the US overseas for processing and re-imported into the US would be subject to the rule.  So for example, this would change the entire reporting system for cod and salmon in Alaska.

The suit is being filed now, although the actual date of implementation is January, 2018.

The arguments are there are multiple ways in which this rule has violated the administrative procedures act:

  1. There was no public sharing of the data on which the agency identified species at risk.
  2. There is not a sufficient agency record to support the rule.
  3. The final rule was rushed into being by a junior official, the Assistant Administrator For Fisheries, who is an employee of the Dept. of Commerce, not an ‘officer.’  There was no formal designation of authority to make the rule, and such designations are required to only go to “officers of the united states ” of the executive branch.
  4. The agency does not have the legislative authority to ‘regulate seafood fraud’.  That authority was given to the FDA, not NOAA.
  5. The agency failed to do a regulatory flexibility analysis to see if the desired results could be achieved in a less costly and burdensome manner.
  6. The agency failed to do an adequate cost benefits analysis.

The plaintiffs ask for a ruling that enjoins the effective date of the rule until the agency remedies the deficiencies that have been cited.

The plaintiffs ask the rule be declared invalid.

The plaintiffs ask the court to declare the Agency failed to do the required analysis under the regulatory flexibility act, and to enjoin the rule until such time as that is done.

The suit was filed on Friday in the federal district court in Washington, DC.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

Indian Ocean Tuna Commission Takes Important Steps for Skipjack Tuna, Falls Short on Yellowfin

June 3, 2016 — In the wake of the 20th session of the Indian Ocean Tuna Commission meeting, we join our fellow stakeholders in applauding the IOTC for adopting a harvest control rule (HCR) for skipjack tuna that is consistent with scientific advice. The adoption of this initial skipjack HCR is the culmination of significant work, investment and advocacy by many parties – nations, industry, NGOs, scientists and retailers – and it paves the way for refinement as the management strategy evaluation work continues. Harvest strategies, which include HCRs and reference points, are an essential component of modern, science-based fisheries management.

Unfortunately, there was limited political will to act to similarly protect yellowfin tuna and other stocks that are currently experiencing overfishing or that are overfished. While a reduced catch of yellowfin was adopted, scientific guidance indicates that the agreed catch reductions are insufficient. The new measure amounts to a reduction in catch of about 10%, just half of the IOTC Scientific Committee’s recommended 20% reduction and insufficient to arrest the current declining trend in stock status or rebuild the stocks to sustainable levels by 2024.

There is also a significant risk that, without further action, these measures that are effective 1 January 2017, could result in the fishery breaching the fishing mortality limit and the stock declining below the biomass limit established by the Commission. Finally, with delays of up to two years on reporting of data and the high levels of non-compliance by IOTC members, the new yellowfin measure may be largely unenforceable.

Continued efforts to develop harvest strategies for yellowfin, bigeye and albacore are essential, and we support the Commission’s workplan developed and adopted at its 2015 meeting to that end. ISSF and WWF will support this critical process so that all stocks are on par with the skipjack stock’s management status.

Read the full story at the International Seafood Sustainability Foundation

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