Aug 2, 2012 — The Senate Commerce Committee has passed the Pirate Fishing Bill. The Bill strengthens the enforcement authority of the Secretary of Commerce to seize, deny entry, or in other ways confiscate or prohibit vessels and seafood from entering the US that is thought to be illegally harvested.
Unlike the Lacey Act, which applies to national laws, the new law applies to regional fishery management organizations- so that fish caught in violation of a binding conservation measure of an RFMO can be seized, i.e. violation of a closed area or quota.
Sections 8 and 9 of prohibited acts expand the act so as to make it illegal to purchase IUU fish, including fish caught in violation of a conservation measure; and to mislabel fish.
Section 8: (Prohibited Acts) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any fish or fish product taken, possessed, transported, or sold in violation of any foreign law or treaty addressing the conservation or management of living marine resources, or any conservation and management measures.
This broadens the Lacey act prohibition against violations of foreign fishery laws to apply to regional fish management organizations, and binding conservation measures they implement.
Section 9: to make or submit any incomplete, invalid, or false record, account, or label for, or any false identification of, any fish or fish product (including false identification of the species, harvesting vessel or nation, or the date or location where harvested).
It appears that this is the first time false identification of labeling of fish species is made a criminal offense under federal law specifically for seafood. Other criminal violations – false customs declarations or FDA declarations – have been general laws that are not specific to seafood.
If this bill makes it into law, it clearly raises the stakes for mislabeling and falsifying the country of origin and type of harvest.
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