Interagency Task Force Recommends New Data Requirements, Trusted Trader Program for Seafood Imports
An interagency task force provided the Obama administration a list of recommendations to tackle illegal, unreported, and unregulated (IUU) fishing, the task force said in notice issued Dec. 17 (here). The recommendations were requested in a memorandum issued by President Obama in June (see 14061726). The memo established a Presidential Task Force on combating Illegal, Unreported, and Unregulated Fishing and Seafood Fraud, co-chaired by the Departments of State and Commerce, and including 12 other agencies, including the Departments of Homeland Security, Agriculture, and Justice and the U.S. Trade Representative. The task force is asking for comments on the recommendations by Jan. 20 and plans to release an action plan in early 2015, said the National Oceanic and Atmospheric Administration.
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The recommendations reflect the "need to level the playing field for legitimate fisherman and businesses in the seafood industry," said the White House in a press release (here). "This sort of action also supports sustainability in our global fisheries and increasing already high consumer confidence in the sustainability of seafood sold in the U.S. The recommendations also provide a benchmark for other nations to follow in achieving these same goals." Highlights of the recommendations, which include new information collection at entry and a trusted trader program for seafood importers, are as follows:
Risk-based traceability program. The government should develop a traceability program to track seafood from harvest to entry into U.S. commerce, said the task force. First, the U.S. should work with industry and other stakeholders to decide within the six months on the types of information to be collected, which could include the harvester or producer, species, location and time of harvesting and landing, and “other relevant details, such as transshipment and/or processing activity,” it said.
Condition of entry. After the data elements are decided, a program should then be developed, within 18 months, where the data elements are a prerequisite for entry into commerce, said the task force. Only high-risk fish or seafood would be covered at first, but “the goal would be to eventually expand the program to all seafood at first point of sale or import,” said the task force.
Trusted trader program. The Department of Homeland Security and Commerce Department should also develop a voluntary trusted trader program for importers of high-risk species, providing benefits such as “reduced targeting and inspections and enhanced streamlined entry into the United States for certified importers,” said the task force.
Enhanced identification of species. Rules on identifying the species, common name, and origin of seafood should be standardized and clarified by the Departments of Agriculture, Commerce, Health and Human Services (which includes the Food and Drug Administration) and Homeland Security, said the task force.
Tariff classification. USTR and the International Trade Commission should revise the tariff schedule to “enhance identification in trade of species subject to IUU fishing or seafood fraud accordingly,” said the task force. The revised HTS codes should be published within one year, it said.
Stronger enforcement. Congress should broaden agency enforcement authorities to (1) search, inspect and seize seafood, “both at the point of entry into U.S. commerce (whether from foreign or domestic sources) and throughout the supply chain;” and (2) “pursue a full range of judicial enforcement options” for trafficking and other fishing and seafood fraud violations.
Interagency and international cooperation. The President should direct agencies to develop within 180 days a strategy to share information that could be used to prevent illegal seafood from entering U.S. commerce, through mechanisms like CBP’s Commercial Targeting and Analysis Center and Homeland Security Investigations’ Trade Transparency Unit, said the task force. Internationally, CBP should use the Customs Mutual Assistance Agreements it has with over 70 countries to enhance information and encourage foreign customs administrations to cooperate in combating IUU fishing and seafood fraud.
Trade policy. The task force said U.S. Trade Representative should use existing free trade agreements and future FTAs, including the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership, to combat IUU fishing and seafood fraud, “including through enhanced cooperation with our trading partners and commitments to enforce environmental and labor laws. The task force also said the Obama administration should push countries to eliminate subsidies for fisheries by 2020. The subsidies “contribute to excess fishing capacity, overfishing, and IUU fishing,” it said.
Implement United Nations agreement on fishing. The task force called on Congress to pass implementing legislation for the 2009 UN Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA). The PSMA sets minimum standards for port inspections and the training of inspectors, and requires members to prevent entry into ports by vessels that have engaged in IUU fishing. The agreement requires 25 ratifications to enter into force, but so far only 11 have ratified. Congress has to pass an implementation law before the U.S. can ratify.