October 9, 2018 — SEAFOOD NEWS — HR 4528, signed into law by President Trump on Aug. 2, 2018, will have a big impact on Hawai‘i fishermen and wholesale businesses as well as potential markets for American Samoa, Guam and Northern Mariana Islands fisheries.

Introduced by U.S. Rep. Darren Soto, R-Fla., the bill had the seemingly benign title, “To make technical amendments to certain marine fish conservation statutes, and for other purposes.” In reality, the amendment to the Billfish Act of 2012 prohibits U.S.-caught billfish landed in the U.S. Pacific islands by U.S. fishermen from being sold to continental U.S. markets (including Alaska and the Territory of Puerto Rico). Swordfish is not included in the Act’s definition of billfish.

“It is disappointing that special interest groups were successful in lobbying Congress to eliminate sustainable U.S. Pacific Island-caught billfish sales on the mainland,” notes Kitty M. Simonds, executive director of the Western Pacific Regional Fishery Management Council. “The change will not have a conservation benefit and is inconsistent with the principles and standards of the Magnuson-Stevens Fishery Conservation and Management Act.”

The National Marine Fisheries Service is currently deciding whether implementing regulations are necessary to enforce the law. The Council staff believes regulations are needed to clarify what is prohibited and what remains legal. Shortly after the law was signed, Council staff received numerous calls from the public about purchasing fresh billfish and value-added products in Hawai‘i to bring to the mainland for sharing or for personal consumption. Questions are also being asked about the exportation of billfish and value added products to foreign destinations.

In addition, seafood businesses on the mainland will need time to adjust and source new products to support their programs that have been built on using sustainably caught fish from Hawai‘i fisheries. Hawai‘i vendors have made commitments to mainland restaurants and retail groups to provide a variety of selections to support their “Fresh Hawaiian Catch of the Week” programs. They specifically choose Hawai‘i sourced fish because it is sustainable and traceable and has been regulated to have low environmental impacts.

It is clear that NMFS, industry and the public will need time to work through the complexities of this new rule. Given these issues, the Council wrote to Chris Oliver, NOAA Assistant Administrator for Fisheries, suggesting that NMFS develop a national education and outreach effort that corresponds to the rule-making process and that NMFS initiate enforcement after publication of the final rule. It was suggested that NMFS convene a meeting with the appropriate wholesale/dealer representatives in Hawai‘i and the Council to sort through the issues to be addressed in development of implementing regulations.

Prior to the bill’s passage, the Council received letters from both Oliver and U.S. Secretary of Commerce Wilbur Ross stating that HR 4528 was unnecessary and would not lead to improved billfish conservation. Proponents of the bill said the 2012 Billfish Conservation Act had created a loophole in the prohibiting of all foreign imports of billfish into the United States by providing an exemption for U.S. fisheries landing billfish in Hawai‘i, American Samoa, Guam and Northern Mariana Islands. However, the exemption provided to U.S. Pacific Island fisheries in the 2012 legislation was clearly a preference by Congress to not negatively impact jobs in U.S. seafood markets, as the Congressional record indicates.

Sales of foreign-caught billfish in the U.S. and commercial harvest and sales of U.S. caught billfish in the Atlantic, where several species are overfished or experiencing overfishing, have been prohibited since 1988. For decades, a NMFS-administered Billfish Certificate of Eligibility (COE) has been required to accompany any billfish caught in the Pacific that is offered for commercial sale in the United States. The COE is meant to ensure billfish in the US market is not from the Atlantic or foreign fisheries by documenting the vessel, homeport, port of offloading and date of offloading. There was no loophole as alleged, and no evidence that foreign billfish were being laundered through Hawai‘i. Rather, the bill removed an exemption for domestic, sustainably caught billfish, as billfish populations in the Pacific are healthy. Proponents, on the other hand, believe marlins and other billfish should be caught only by recreational fishermen.

Sport fishing for billfish involves catch-and-release and retention for home consumption. Dozens of recreational billfish tournaments provide prize money for the largest marlin landed. Anecdotal information suggests a substantial amount of recreationally harvested billfish on the East Coast is sold through black-market channels.

Congresswomen Colleen Hanabusa, D-Hawai‘i; Madeleine Z. Bordallo, D-Guam; and Aumua Amata Coleman Radewagen, R-American Samoa, said the legislation “will negatively impact the livelihoods of fishermen in Hawai‘i, Guam and the Pacific Insular Areas by closing off the only off-island market for U.S.- caught billfish.”

They added: “We support needed-conservation efforts in the Atlantic, but do not believe that Pacific fisheries need to be targeted in order to achieve these goals.”

Unfortunately, their Congressional voices and the voice of reason based on best scientific information fell on deaf ears.

The enacted legislation, unlike its title, was not a simple technical amendment, but rather an arrow pointed at sustainable U.S. Pacific Island commercial billfish fisheries at the behest of largely U.S. mainland recreational fishing groups.

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