Environmental Groups File Lawsuit at CIT Asking for Court-Ordered Import Bans on Fish
Three environmental advocacy groups have brought a lawsuit at the Court of International Trade that seeks to compel the government to issue regulations banning imports of all fish that are caught in ways that risk bycatch. The Center for Biological Diversity, Turtle Island Restoration Network, and Natural Resources Defense Council filed their complaint on July 2, alleging the relevant government agencies have failed to put rules in place implementing the Marine Mammal Protection Act despite the law’s passage over 40 years ago. The only regulations currently in place ban the importation of tuna caught in purse seine nets in the Eastern Pacific, but the law says the Departments of Commerce and the Treasury are supposed to issue regulations banning imports of all fish and fish products from fisheries that risk bycatch.
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Specifically, Section 101(a)(2) of the Marine Mammal Protection Act says the Treasury Department must “ban the importation of commercial fish or products from fish which have been caught with commercial fishing technology which results in the incidental kill or incidental serious injury of ocean mammals in excess of United States standards.” It continues that Commerce has to require “reasonable proof” from the governments of fish exporters that commercial fishing practices in their fisheries are not resulting in bycatch.
The groups lodged a rulemaking petition with Commerce and Treasury in 2008, but Treasury responded its import ban functions had been transferred along with CBP to the Department of Homeland Security, while DHS said Treasury still had responsibility. Commerce issued a request for comments on the issue in 2010, but has since failed to follow up, says the complaint.
The complaint asks the court to declare that Commerce, Treasury and DHS have unreasonably delayed their response to the rulemaking petition. It also asks CIT to declare that Treasury and DHS have failed to ban imports of fish or fish products caught using methods that result in bycatch, and that Commerce has failed to insist on reasonable proof from exporting nations of their fisheries’ effect on ocean mammals. The complaint requests that CIT issue an injunction requiring the agencies to propose and finalize rules banning fish imports that risk bycatch according to a court-mandated schedule.
Email ITTNews@warren-news.com for a copy of the complaint.