NOAA proposes to ban fish from fisheries that kill whales and dolphins
August 11, 2015 |06:09 PM
The Commerce Department’s National Oceanic and Atmospheric Administration on Monday proposed a rule that would prohibit the U.S. importation of seafood from fisheries that kill whales and dolphins in excess of U.S. standards.
NOAA also opened a public comment period until November 9 on the proposal.
“The rule, under the Marine Mammal Protection Act (MMPA), aims to level the playing field for American fishermen who comply with U.S. marine mammal conservation standards, and is intended to help foreign fisheries support a healthy and diverse marine ecosystem,” NOAA said in a news release.
Under the proposed rule, nations exporting fish and fish products to the United States would be required to demonstrate that killing or serious injury of marine mammals incidental to their fishing activities do not occur in excess of U.S. standard, the agency said.
The issues of fish imports and mammal killing have been part of the Trans-Pacific Partnership trade negotiations.
“This rule proposes a system that would lead many foreign nations to improve their fishing practices to protect marine mammals," said Eileen Sobeck, assistant NOAA administrator for NOAA Fisheries.
"Those changes to current practice across the world will mark one of the most significant steps in the global conservation of marine mammals in decades, and could save substantial numbers of these vulnerable animals from injury and death, while at the same time leveling the playing field for U.S. fishermen."
To comply, nations could adopt a marine mammal conservation program consistent with the United States’ program, or develop an alternative regulatory program with results comparable in effectiveness to U.S. regulatory programs for reducing accidental catching of marine mammals, or “bycatch.”
NOAA would then evaluate each nation’s program to determine whether a nation has taken sufficient action and may export seafood to the United States.
NOAA, in conjunction with the State Department will consult with the harvesting nations and, to the extent possible, engage in a capacity building program to assist with monitoring and assessing marine mammals stocks and bycatch and reduce unsustainable bycatch.
The proposed rule provides a five-year grace period during which foreign nations will be able to gather information about the impacts of their fisheries on marine mammals and work to ensure that these impacts do not exceed U.S. standards, the agency said. NOAA promised to consult with the harvesting nation and, to the extent possible, work with nations to build their capacity to meet the rule's standards.
The Center for Biological Diversity praised the rule.
“The new regulations will force countries to meet U.S. conservation standards if they want access to this market, saving thousands of whales and dolphins from dying on hooks and in fishing nets around the world,” said Sarah Uhlemann, international program director at the center.
“The U.S. government has finally recognized that all seafood consumed in the United States must be ‘dolphin-safe.’”
"Scientists estimate that each year more than 650,000 whales, dolphins, and other marine mammals are caught and killed in fishing gear. These animals are unintentional ‘bycatch’ of commercial fisheries and either drown or are tossed overboard to die from their injuries,” the center said.
“Many people are unaware of the carnage caused by poorly regulated foreign fisheries,” said Zak Smith, attorney with the Natural Resources Defense Council’s Marine Mammal Protection Project.
“With good rules, we can put our money where our mouths — and hearts — are, leveling the playing field for American fisherman who are already working to reduce bycatch and spreading protections for marine mammals worldwide. Whales and dolphins have suffered long enough.”
Since 1972 the U.S. Marine Mammal Protection Act has prohibited the United States from allowing seafood to enter the country unless it meets U.S. whale and dolphin standards, but for the past 40 years, the federal government has largely ignored the ban, the center said.
In 2014 the Center for Biological Diversity, the Natural Resources Defense Council and Turtle Island Restoration Network filed suit in the Court of International Trade to enforce the import requirement, and Monday’s regulations were proposed pursuant to the resulting settlement, the center added.
“The public demands and the U.S. can — and by law, must — wield its tremendous purchasing power to save dolphins and whales from foreign fishing nets,” said Todd Steiner, biologist and executive director of Turtle Island Restoration Network. “We have the right to ensure that the seafood sold in the U.S. is caught in ways that minimize the death and injury of marine mammals.”
NOAA did not say what types of seafood could be affected, but the Center for Biological Diversity said that about 90 percent of the 5 billion pounds of seafood that Americans consume per year, including tuna, swordfish, shrimp and cod, is imported and that about half is wild-caught.
NOAA also opened a public comment period until November 9 on the proposal.
“The rule, under the Marine Mammal Protection Act (MMPA), aims to level the playing field for American fishermen who comply with U.S. marine mammal conservation standards, and is intended to help foreign fisheries support a healthy and diverse marine ecosystem,” NOAA said in a news release.
Under the proposed rule, nations exporting fish and fish products to the United States would be required to demonstrate that killing or serious injury of marine mammals incidental to their fishing activities do not occur in excess of U.S. standard, the agency said.
The issues of fish imports and mammal killing have been part of the Trans-Pacific Partnership trade negotiations.
“This rule proposes a system that would lead many foreign nations to improve their fishing practices to protect marine mammals," said Eileen Sobeck, assistant NOAA administrator for NOAA Fisheries.
"Those changes to current practice across the world will mark one of the most significant steps in the global conservation of marine mammals in decades, and could save substantial numbers of these vulnerable animals from injury and death, while at the same time leveling the playing field for U.S. fishermen."
To comply, nations could adopt a marine mammal conservation program consistent with the United States’ program, or develop an alternative regulatory program with results comparable in effectiveness to U.S. regulatory programs for reducing accidental catching of marine mammals, or “bycatch.”
NOAA would then evaluate each nation’s program to determine whether a nation has taken sufficient action and may export seafood to the United States.
NOAA, in conjunction with the State Department will consult with the harvesting nations and, to the extent possible, engage in a capacity building program to assist with monitoring and assessing marine mammals stocks and bycatch and reduce unsustainable bycatch.
The proposed rule provides a five-year grace period during which foreign nations will be able to gather information about the impacts of their fisheries on marine mammals and work to ensure that these impacts do not exceed U.S. standards, the agency said. NOAA promised to consult with the harvesting nation and, to the extent possible, work with nations to build their capacity to meet the rule's standards.
The Center for Biological Diversity praised the rule.
“The new regulations will force countries to meet U.S. conservation standards if they want access to this market, saving thousands of whales and dolphins from dying on hooks and in fishing nets around the world,” said Sarah Uhlemann, international program director at the center.
“The U.S. government has finally recognized that all seafood consumed in the United States must be ‘dolphin-safe.’”
"Scientists estimate that each year more than 650,000 whales, dolphins, and other marine mammals are caught and killed in fishing gear. These animals are unintentional ‘bycatch’ of commercial fisheries and either drown or are tossed overboard to die from their injuries,” the center said.
“Many people are unaware of the carnage caused by poorly regulated foreign fisheries,” said Zak Smith, attorney with the Natural Resources Defense Council’s Marine Mammal Protection Project.
“With good rules, we can put our money where our mouths — and hearts — are, leveling the playing field for American fisherman who are already working to reduce bycatch and spreading protections for marine mammals worldwide. Whales and dolphins have suffered long enough.”
Since 1972 the U.S. Marine Mammal Protection Act has prohibited the United States from allowing seafood to enter the country unless it meets U.S. whale and dolphin standards, but for the past 40 years, the federal government has largely ignored the ban, the center said.
In 2014 the Center for Biological Diversity, the Natural Resources Defense Council and Turtle Island Restoration Network filed suit in the Court of International Trade to enforce the import requirement, and Monday’s regulations were proposed pursuant to the resulting settlement, the center added.
“The public demands and the U.S. can — and by law, must — wield its tremendous purchasing power to save dolphins and whales from foreign fishing nets,” said Todd Steiner, biologist and executive director of Turtle Island Restoration Network. “We have the right to ensure that the seafood sold in the U.S. is caught in ways that minimize the death and injury of marine mammals.”
NOAA did not say what types of seafood could be affected, but the Center for Biological Diversity said that about 90 percent of the 5 billion pounds of seafood that Americans consume per year, including tuna, swordfish, shrimp and cod, is imported and that about half is wild-caught.
