Saving Seafood

Florida pushes for offshore aquaculture fast-track from Trump’s executive order

June 26, 2020 — Florida officials in June requested that the U.S. Commerce Department designate federal waters off the state’s coast as a marine aquaculture opportunity area, a move that would open and jumpstart the state’s offshore aquaculture industry.

The term “aquaculture opportunity area” comes from the Trump Administration’s 7 May executive order titled “Promoting American Seafood Competitiveness and Economic Growth,” which laid out a variety of strategic plan to promote the growth of the U.S. seafood sector, including aquaculture. The executive order charged federal agencies with identifying “at least two geographic areas containing locations suitable for commercial aquaculture.”

Read the full story at Seafood Source

President Trump tweets about Maine lobster, orders financial help for industry

June 25, 2020 — President Donald Trump is directing his administration to explore options to financially help the Maine lobster industry.

According to the Presidential Memo, the Secretary of Agriculture is to “consider including the United States lobster industry and other segments of the United States seafood industry in any future assistance provided to mitigate the effects of China’s retaliatory trade practices.”

The directive is similar to trade offsets to help Midwestern farmers hurt by trade policies, which have added up to approximately $25 billion.

President Trump said retaliatory Chinese tariffs have hit the Maine lobster industry particularly hard.

Read the full story at WGME

Trump signs executive order to support US lobster industry

June 25, 2020 — U.S. President Donald Trump has signed a new order intended to help the country’s lobster industry, stemming from a 5 June press conference in Maine.

The new order will task the United States Trade Representative (USTR) with keeping close track of the progress made by China under the most recent, “Phase One” of a trade deal signed by President Trump. That deal was beneficial for the U.S. lobster sector, which experienced a massive downturn in exports to China in the wake of retaliatory tariffs that the country implemented in July, 2018.

Read the full story at Seafood Source

NFI: Food workers should receive COVID-19 vaccine early on

June 25, 2020 — The National Fisheries Institute and other food industry groups are urging U.S. President Donald Trump’s administration to prioritize food, agriculture, and retail workers for receiving the COVID-19 vaccine.

“Scientists have advised that COVID-19 will remain a continuous public health concern, so the importance of a vaccine cannot be overstated. A vaccine targeting COVID-19 is likely the only way to generate immunity across a population,” NFI, FMI – the Food Industry Association, the National Restaurant Association, and other groups said in a letter to Trump.

Read the full story at Seafood Source

White House Signs New Memorandum on Trade Relief for Lobster Fishery

June 25, 2020 — The following was released by the White House:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1.  Policy.  On May 22, 2018, the United States Trade Representative (Trade Representative) concluded an investigation under section 301 of the Trade Act of 1974, as amended (19 U.S.C. 2411), finding that China had engaged in multiple unreasonable and discriminatory trade practices that had harmed American intellectual property rights, innovation, and technology development.  In response to China’s unfair and unreasonable conduct, the United States imposed tariffs on several categories of Chinese products.

Rather than reform its practices, China responded to the Trade Representative’s findings with unjust retaliatory tariffs designed strategically to inflict financial harm on America’s farmers, fishermen, and workers in other industries.

My Administration has forcefully addressed China’s unfair assault on American producers.  Among other measures, I directed the Secretary of Agriculture to deliver a comprehensive trade aid package to American farmers.  He did so, providing more than 14 billion dollars in direct payments to American farmers under the authority of the Commodity Credit Corporation (CCC) Charter Act.

China’s retaliatory assault on the American lobster industry was particularly aggressive.  On July 6, 2018, China imposed retaliatory 25 percent tariffs on American lobster.  On September 1, 2019, China raised those retaliatory tariffs to 35 percent.  On February 14, 2020, China reduced its punitive lobster tariffs to 30 percent.  When those retaliatory tariffs are added to China’s prevailing Most Favored Nation tariffs of 5 percent and 7 percent, depending on the species of lobster, American lobsters currently face tariffs of either 35 percent or 37 percent.

On January 15, 2020, I signed the landmark Economic and Trade Agreement Between the Government of the United States of America and the Government of the People’s Republic of China (“Phase One Agreement”).  The Phase One Agreement requires important structural reforms from China related to issues such as intellectual property theft, forced technology transfer, and exchange rate manipulation.  As part of the Phase One Agreement, China made binding commitments to purchase large quantities of United States manufactured goods, agricultural products, and services.  Seafood, including lobsters, is one of the agricultural products China agreed to purchase.  To help fulfill this purchase commitment, China has made available exclusions from its retaliatory tariffs for imports of United States lobster.

At this time, it remains unclear to what extent China’s exclusions from its retaliatory tariffs will result in increased exports of United States lobster.  Such exports are particularly important because exports to the European Union, another large market for United States lobster, appear to have been significantly and negatively affected by the recent implementation of the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union.

The lobster industry is a crown jewel of America’s seafood industry.  From 2015 to 2018, American lobster was the most valuable single seafood species harvested in the United States, with Maine accounting for approximately 80 percent of that value each year.  It is, therefore, the policy of my Administration to mitigate the effects of unfair retaliatory trade practices on this important industry.

Sec. 2.  Protecting the United States Lobster Industry.  (a)  The Secretary of Agriculture shall, within 60 days of the date of this memorandum, consider taking appropriate action, to the extent permitted by applicable law, to provide assistance to fishermen and producers in the United States lobster industry that continue to be harmed by China’s retaliatory tariffs.

(b)  The Secretary of Agriculture shall also consider including, to the extent permitted by applicable law, the United States lobster industry and other segments of the United States seafood industry in any future assistance provided to mitigate the effects of China’s retaliatory trade practices.

Sec. 3.  Reciprocal Tariffs.  (a)  The Trade Representative shall, beginning August 15, 2020, submit a monthly report to the President detailing:

(i)   China’s progress in meeting its purchase commitments under the Phase One Agreement with respect to United States seafood; and

(ii)  the value of monthly Maine and other United States lobster exports to China, beginning with China’s imports for June 2020.

(b)  In the event that the Trade Representative determines that China is not meeting its purchase commitments under the Phase One Agreement with respect to seafood, the Trade Representative shall consider, to the extent permitted by law, taking all appropriate action to impose reciprocal retaliatory tariffs on seafood exports from China.

Sec. 4.  Addressing Negative Effects of the CETA between Canada and the European Union on the United States Lobster Industry.  Pursuant to section 1332(g) of title 19, United States Code, and section 5-301 of Executive Order 12661 of December 27, 1988 (Implementing the Omnibus Trade and Competitiveness Act of 1988 and Related International Trade Matters), the Trade Representative shall request that the United States International Trade Commission (USITC) provide a report that details any negative effects of the CETA on the United States lobster industry.  The Trade Representative shall submit such report to the President.  The Trade Representative, in consultation with the Secretary of Agriculture and Secretary of Commerce, shall recommend appropriate actions that may be taken to minimize or eliminate any negative effects identified in the USITC report.

Sec. 5.  General Provisions.  (a)  Nothing in this memorandum shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Fact checking Trump’s claims about the Maine lobster industry

June 25, 2020 — In another tweet rife with falsehoods, President Trump on Wednesday alleged that his predecessor, Barack Obama, “destroyed the lobster and fishing industry in Maine.”

He added: “Now it’s back, bigger and better than anyone ever thought possible. Enjoy your ‘lobstering’ and fishing! Make lots of money!”

The truth is that in 2016, the last year of Obama’s presidency, Maine had a record lobster catch. Not that Obama had anything to do with it, but during his eight years in office, Maine’s lobster catch nearly doubled in landings and value.

The catch rose from less than 70 million pounds in 2008 to more than 132 million pounds in 2016, which remains the record. In the same period, the value of the catch surged from $245 million to a record $540 million.

Read the full story at The Boston Globe

Fishermen Hope for Change as the Seafood Industry Faces a Crisis

June 25, 2020 — Earlier this month, President Trump traveled to Maine to announce plans to reopen a vast marine preserve, created by President Obama in 2016, to commercial fishing. While ostensibly aimed at helping New England fishermen catch more fish and expand their businesses, Maine fishermen—and fishermen across the United States—are grappling with a sobering reality that the president’s controversial plan won’t solve: They can’t sell their fish.

As a result of the coronavirus pandemic, only half of the fish harvested by Maine fishermen in May sold, and prices averaged 18 percent less in comparison to May the prior year. Landings were also down by more than half, at 44,495 pounds, because many fishermen aren’t going out to sea while the restaurants that are their main markets remain shuttered.

“It’s been a difficult slog over the past couple of months,” says Ben Martens, executive director of Maine Coast Fisherman’s Association, emotion rising in his voice. “It’s just really scary right now, with the marketplace and COVID, and thinking about how we protect the fishing heritage.”

For Martens, the president’s visit was a missed opportunity to address the real problems facing Maine fishermen. Very few, he says, even fished in the Northeast Canyon and Seamounts stretch of deep ocean before Obama designated it a marine monument to protect its fragile ecosystem and the sea turtles, mammals, and other life it supports.

Read the full story at Civil Eats

White House pledges support for lobster industry

June 24, 2020 — President Donald Trump today signed an executive order to support the lobster industry, following conversations that started with the roundtable discussion in Maine on June 5.

“It’s a promise made, promise delivered,” said John Horstman, director of media affairs and special assistant to the president.

Though details are still developing, the executive order is expected to give the lobster industry the same assistance farmers received as a result of the retaliatory tariffs coming from China.

Read the full story at National Fisherman

Trump visa ban excludes “essential” seafood industry

June 23, 2020 — On Monday, 22 June, U.S. President Donald Trump issued an executive order to temporarily suspend foreign seasonal workers from entering the United States. However, the order carves out an exception for workers who provide “services essential” to the country’s food supply chain.

That’s good news for U.S. seafood processors who depend on H-2B visa workers to fill critical jobs during fishing season.

Read the full story at Seafood Source

White House Order On Immigration Includes Food Worker Exemption

June 22, 2020 — Today the White House issued a new executive order on immigration. Exempt from the order are seasonal workers who “provide temporary labor or services essential to the United States food supply chain.” The text of the order is included below:

The 2019 Novel Coronavirus (COVID-19) has significantly disrupted Americans’ livelihoods.  Since March 2020, United States businesses and their workers have faced extensive disruptions while undertaking certain public health measures necessary to flatten the curve of COVID-19 and reduce the spread of SARS-CoV-2, the virus that causes COVID-19.  The overall unemployment rate in the United States nearly quadrupled between February and May of 2020 — producing some of the most extreme unemployment ever recorded by the Bureau of Labor Statistics.  While the May rate of 13.3 percent reflects a marked decline from April, millions of Americans remain out of work.

In Proclamation 10014 of April 22, 2020 (Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), I determined that, without intervention, the United States faces a potentially protracted economic recovery with persistently high unemployment if labor supply outpaces labor demand.  Consequently, I suspended, for a period of 60 days, the entry of aliens as immigrants, subject to certain exceptions.  As I noted, lawful permanent residents, once admitted pursuant to immigrant visas, are granted “open-market” employment authorization documents, allowing them immediate eligibility to compete for almost any job, in any sector of the economy.  Given that 60 days is an insufficient time period for the United States labor market, still stalled with partial social distancing measures, to rebalance, and given the lack of sufficient alternative means to protect unemployed Americans from the threat of competition for scarce jobs from new lawful permanent residents, the considerations present in Proclamation 10014 remain.

In addition, pursuant to Proclamation 10014, the Secretary of Labor and the Secretary of Homeland Security reviewed nonimmigrant programs and found that the present admission of workers within several nonimmigrant visa categories also poses a risk of displacing and disadvantaging United States workers during the current recovery.

American workers compete against foreign nationals for jobs in every sector of our economy, including against millions of aliens who enter the United States to perform temporary work.  Temporary workers are often accompanied by their spouses and children, many of whom also compete against American workers.  Under ordinary circumstances, properly administered temporary worker programs can provide benefits to the economy.  But under the extraordinary circumstances of the economic contraction resulting from the COVID-19 outbreak, certain nonimmigrant visa programs authorizing such employment pose an unusual threat to the employment of American workers.

For example, between February and April of 2020, more than 17 million United States jobs were lost in industries in which employers are seeking to fill worker positions tied to H-2B nonimmigrant visas.  During this same period, more than 20 million United States workers lost their jobs in key industries where employers are currently requesting H-1B and L workers to fill positions.  Also, the May unemployment rate for young Americans, who compete with certain J nonimmigrant visa applicants, has been particularly high — 29.9 percent for 16 19 year olds, and 23.2 percent for the 20-24 year old group.  The entry of additional workers through the H-1B, H-2B, J, and L nonimmigrant visa programs, therefore, presents a significant threat to employment opportunities for Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak.

As I described in Proclamation 10014, excess labor supply is particularly harmful to workers at the margin between employment and unemployment — those who are typically “last in” during an economic expansion and “first out” during an economic contraction.  In recent years, these workers have been disproportionately represented by historically disadvantaged groups, including African Americans and other minorities, those without a college degree, and Americans with disabilities.

In the administration of our Nation’s immigration system, we must remain mindful of the impact of foreign workers on the United States labor market, particularly in the current extraordinary environment of high domestic unemployment and depressed demand for labor.  Historically, when recovering from economic shocks that cause significant contractions in productivity, recoveries in employment lag behind improvements in economic activity.  This predictive outcome demonstrates that, assuming the conclusion of the economic contraction, the Unites States economy will likely require several months to return to pre-contraction economic output, and additional months to restore stable labor demand.  In light of the above, I have determined that the entry, through December 31, 2020, of certain aliens as immigrants and nonimmigrants would be detrimental to the interests of the United States.

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(f) and 1185(a)) and section 301 of title 3, United States Code, hereby find that the entry into the United States of persons described in section 1 of Proclamation 10014, except as provided in section 2 of Proclamation 10014, and persons described in section 2 of this proclamation, except as provided for in section 3 of this proclamation, would be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions.  I therefore hereby proclaim the following:

Section 1.  Continuation of Proclamation 10014.  (a)  Section 4 of Proclamation 10014 is amended to read as follows:

“Sec. 4.  Termination.  This proclamation shall expire on December 31, 2020, and may be continued as necessary.  Within 30 days of June 24, 2020, and every 60 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.”

(b)  This section shall be effective immediately.

Sec. 2.  Suspension and Limitation on Entry.  The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation:

(a)  an H-1B or H-2B visa, and any alien accompanying or following to join such alien;

(b)  a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and

(c)  an L visa, and any alien accompanying or following to join such alien.

Sec. 3.  Scope of Suspension and Limitation on Entry.  (a)  The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who:

(i)    is outside the United States on the effective date of this proclamation;

(ii)   does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and

(iii)  does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

(b)  The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:

(i)    any lawful permanent resident of the United States;

(ii)   any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;

(iii)  any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and

(iv)   any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

Sec. 4.  Implementation and Enforcement.  (a)  The consular officer shall determine, in his or her discretion, whether a nonimmigrant has established his or her eligibility for an exception in section 3(b) of this proclamation.  The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Labor, may establish in the Secretary of State’s discretion.  The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish in the Secretary of Homeland Security’s discretion.

(i)   The Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security shall establish standards to define categories of aliens covered by section 3(b)(iv) of this proclamation, including those that:  are critical to the defense, law enforcement, diplomacy, or national security of the United States; are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized; are involved with the provision of medical research at United States facilities to help the United States combat COVID-19; or are necessary to facilitate the immediate and continued economic recovery of the United States.  The Secretary of State and the Secretary of Homeland Security shall exercise the authority under section 3(b)(iv) of this proclamation and section 2(b)(iv) of Proclamation 10014 to exempt alien children who would as a result of the suspension in section 2 of this proclamation or the suspension in section 1 of Proclamation 10014 age out of eligibility for a visa.

(ii)  Aliens covered by section 3(b)(iv) of this proclamation, under the standards established in section 4(a)(i) of this proclamation, shall be identified by the Secretary of State, the Secretary of Homeland Security, or their respective designees, in his or her sole discretion.

(b)  An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.

(c)  Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws of the United States.

Sec. 5.  Additional Measures.  (a)  The Secretary of Health and Human Services, through the Director of the Centers for Disease Control and Prevention, shall, as necessary, provide guidance to the Secretary of State and the Secretary of Homeland Security for implementing measures that could reduce the risk that aliens seeking admission or entry to the United States may introduce, transmit, or spread SARS-CoV-2 within the United States.

(b)  The Secretary of Labor shall, in consultation with the Secretary of Homeland Security, as soon as practicable, and consistent with applicable law, consider promulgating regulations or take other appropriate action to ensure that the presence in the United States of aliens who have been admitted or otherwise provided a benefit, or who are seeking admission or a benefit, pursuant to an EB-2 or EB-3 immigrant visa or an H-1B nonimmigrant visa does not disadvantage United States workers in violation of section 212(a)(5)(A) or (n)(1) of the INA (8 U.S.C. 1182(a)(5)(A) or (n)(1)).  The Secretary of Labor shall also undertake, as appropriate, investigations pursuant to section 212(n)(2)(G)(i) of the INA (8 U.S.C. 1182(n)(2)(G)(i)).

(c)  The Secretary of Homeland Security shall:

(i)    take appropriate action, consistent with applicable law, in coordination with the Secretary of State, to provide that an alien should not be eligible to apply for a visa or for admission or entry into the United States or other benefit until such alien has been registered with biographical and biometric information, including but not limited to photographs, signatures, and fingerprints;

(ii)   take appropriate and necessary steps, consistent with applicable law, to prevent certain aliens who have final orders of removal; who are inadmissible or deportable from the United States; or who have been arrested for, charged with, or convicted of a criminal offense in the United States, from obtaining eligibility to work in the United States; and

(iii)  as soon as practicable, and consistent with applicable law, consider promulgating regulations or take other appropriate action regarding the efficient allocation of visas pursuant to section 214(g)(3) of the INA (8 U.S.C. 1184(g)(3)) and ensuring that the presence in the United States of H-1B nonimmigrants does not disadvantage United States workers.

Sec. 6.  Termination.  This proclamation shall expire on December 31, 2020, and may be continued as necessary.  Within 30 days of the effective date of this proclamation and every 60 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.

Sec. 7.  Effective Date.  Except as provided in section 1 of this proclamation, this proclamation is effective at 12:01 a.m. eastern daylight time on June 24, 2020.

Sec. 8.  Severability.  It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the interests of the United States.  Accordingly:

(a)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby; and

(b)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders.

Sec. 9.  General Provisions.  (a)  Nothing in this proclamation shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.