Government Agrees to Issue Regulations Banning Fish Imports With Bycatch Risk by 2016
The federal government will issue regulations by August 2016 banning imports of fish caught in ways that risk bycatch, under a deal to settle a lawsuit brought by several environmental groups at the Court of International Trade. The Center for Biological Diversity, Turtle Island Restoration Network, and Natural Resources Defense Council had filed the lawsuit in July (see 14070928), alleging the government failed to put rules in place implementing the Marine Mammal Protection Act's import provisions despite the law’s passage over 40 years ago. Bycatch is the unintentional catch or killing of non-targeted species, including marine mammals, that is unobserved or discarded and not sold or kept for use.
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The settlement agreement between the environmental groups and the Departments of Commerce, Treasury and Homeland Security, approved by CIT Judge Mark Barnett on Jan. 7, requires a proposed rule to implement the import ban provisions of the law by June 1, 2015. The relevant agency will then have to issue a final rule (or notice that it will not issue a final rule) by Aug. 1, 2016.
Section 101(a)(2) of the Marine Mammal Protection Act of 1972 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 says 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. Currently, regulations are only in place banning importation of tuna caught in purse seine nets in the Eastern Pacific. No Marine Mammal Protection Act regulations in effect for imports of other fish caught in ways that risk bycatch, according to the environmental groups that filed the lawsuit.
Email ITTNews@warren-news.com for a copy of the settlement agreement.