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US CBP requests judge reconsider order barring it from fining Bayside Program participants

October 22, 2021 โ€” U.S. Customs and Border Protection has requested that a judge reconsider her issuance of a temporary restraining order barring the federal agency from enforcing Jones Act-related fines against companies that used the Bayside Program to transport Alaska pollock to the U.S. East Coast.

In an 18 October filing, CBP asked U.S. District Court Judge for the District of Alaska Sharon L. Gleason to reverse her 8 October decision granting a preliminary injunction against it, which prohibits it from enforcing any Jones Act-related penalties against Seattle, Washington, U.S.A.-based American Seafoods subsidiaries Alaska Reefer Management LLC (ARM) and Kloosterboer International Forwarding LLC (KIF), or any other entity involved in the transportation of Alaska pollock via the controversial shipping route through Bayside, New Brunswick, Canada.

Read the full story at SeafoodSource

 

US CBP takes action against Fijian tuna longliner, accusing it of using forced labor

August 4, 2021 โ€” A Fijian commercial fishing vessel has received a withhold release order from U.S. Customs and Border Protection (CBP), which claims forced labor may have been employed onboard the longliner.

The order requires all U.S. agencies to detain tuna and other seafood harvested by the Hangton No. 112, which is owned and operated by Suva, Fiji-based Hangton Pacific Co.

Read the full story at Seafood Source

US crackdown on forced labor opens seafood importers to heightened scrutiny

June 17, 2021 โ€” The imposition by U.S. authorities of a ban on imports from a top Chinese fishing firm important raises due diligence issues for American seafood importers, according to a lawyer working on such cases.

On 28 May, U.S. Customs and Border Protection imposed a withhold release order on distant-water fishing firm Dalian Ocean Fishing, barring the companyโ€™s products from entering American ports. CBP cited the findings of a yearlong investigation that revealed forced labor in the companyโ€™s operations as the basis for its action.

Read the full story at Seafood Source

FCF-linked vessels outed by US government as likely using forced labor

August 18, 2020 โ€” The U.S. Customs and Border Protectionโ€™s Office of Trade has placed a Withhold Release Order (WRO) on all seafood harvested by the Taiwanese-owned, Vanuatu-flagged fishing vessel Da Wang โ€œdue to reasonable suspicion of forced labor on the vessel.โ€

The WRO will require detention of seafood harvested by the Da Wang at all U.S. ports of entry. Importers of any detained shipments โ€œwill have an opportunity to export their shipments or submit proof to CBP that the merchandise was not produced with forced labor,โ€ according to a CBP press release.

Read the full story at Seafood Source

Californiaโ€™s ban on shark fins doesnโ€™t stop the trade from passing through its ports

February 25, 2020 โ€” Three years ago, a cargo container purportedly transporting thousands of pounds of pickles from Panama was placed on a Hong Kong-bound ship that stopped at the Port of Oakland on a chilly February night. Hundreds of rectangular containers were stacked on the giant vessel like Lego blocks, but state and federal wildlife agents knew there was something fishy about this one.

Inside, the agents found nearly 52,000 pounds of frozen shark fins, cut from an estimated 9,500 sharks. A cursory inspection revealed that some of the fins were from protected species that require permits to be legally traded. So officials seized the shipment, valued at just under $1 million, making it one of the largest single shark fin seizures in U.S. history.

California may have banned the shark fin trade years ago, but the container is hardly the only one of its kind passing through the stateโ€™s bustling ports: A recent report from the Natural Resources Defense Council estimated that hundreds of thousands of pounds of shark fins from Latin America transit West Coast and other U.S. ports each year, destined to land in a bowl of shark fin soup in Hong Kong and other Asian cities.

โ€œWe think weโ€™ve just found the tip of the iceberg, and itโ€™s a little hard to say how big the iceberg is,โ€ said the reportโ€™s author, Elizabeth Murdock, the San Francisco-based director of the environmental groupโ€™s Pacific Oceans Initiative.

The wildlife agents and scientists waiting for the container in Oakland on Feb. 10, 2017, had been tipped off by U.S. Customs and Border Protection, whose agents had cracked open the container at the Port of Long Beach. An agency spokesperson declined to comment on what led to the containerโ€™s initial inspection, but its contents were a far cry from the โ€œcucumbers/gherkinsโ€ listed as the shipmentโ€™s tariff code.

The fin trade is driven by the high demand for shark fin soup, a Chinese delicacy that has caused the value of fins to skyrocket to as much as $500 a pound.

Read the full story at The Mercury News

US Customs and Border Protection seizes 3,400 pounds of invasive mitten crabs

January 27, 2020 โ€” U.S. Customs and Border Protection has seized 3,700 live mitten crabs โ€“ sent under false manifests โ€“ shipped from China and Hong Kong to individuals and businesses in the United States over the past four months.

The crabs were sent in 51 separate shipments through the port of Cincinnati, Ohio, U.S.A., and weighed in at around 3,400 pounds, according to a CBP press release. Mitten crab is considered to be an invasive species that can have a โ€œdisastrous impact on native habitats,โ€ according to CBP.

Read the full story at Seafood Source

Jones Act changes would โ€˜jeopardise countless US jobsโ€™ in offshore wind

December 3, 2019 โ€” US fisheries advocacy body the Fisheries Survival Fund (FSF) has claimed proposed changes to the Jones Act โ€“ requiring that cargo, including wind turbines, shipped between US ports be transported on American-flagged vessels โ€“ could cost โ€˜countless of job opportunitiesโ€™ to local companies in the rapidly emerging Northeast Atlantic offshore wind sector.

Writing to US Customs and Border Protection (CBP) to voice it opposition to the โ€œnew interpretationsโ€ of the law โ€“ which would flex the legislation to allow offshore wind developers to shuttle components to a project site on non-US-owned vessels, FSF said such a move would โ€œallow foreign developers to use foreign vessels for the rapid build-out of offshore wind farms [and would] jeopardiseโ€ the economic development potential to local contractors.

โ€œThese proposed modifications would place foreign-owned offshore wind energy companies at a unique advantage not afforded to the thousands of US-owned maritime industries, including commercial fisheries,โ€ said FSF counsel David Frulla.

โ€œFSF is not submitting this letter to oppose offshore wind energy development in its entirety. If there is a need for some form of modification to these requirements, those modifications should be narrowly tailored to meet those needs โ€ฆ and they should consider the impacts on our domestic maritime industries and coastal communities in so doing.โ€

Read the full story at Recharge News

Fisheries Survival Fund warns changes to Jones Act interpretation give foreign offshore wind companies advantage over U.S. maritime industries

December 2, 2019 (Saving Seafood) โ€” WASHINGTON โ€” The Fisheries Survival Fund (FSF) submitted a letter to the U.S. Customs and Border Protection (CBP) late last month warning against a proposed new interpretation of the Jones Act that would allow foreign wind energy developers to use foreign vessels for the rapid build-out of offshore wind farms. For nearly a century, commercial fishermen have been required to use domestic manufacturing for construction of their scallop vessels due to Jones Act requirements, FSF wrote.

FSF, which represents the vast majority of full-time Limited Access permit holders in the Atlantic scallop fishery, wrote that the proposed modifications โ€œwould place foreign-owned offshore wind energy companies at a unique advantage not afforded to the thousands of U.S.-owned maritime industriesโ€ and โ€œwould jeopardize the countless job opportunities for domestic laborers who would otherwise benefit from the build-out of offshore wind facilities.โ€

In its letter, FSF emphasized that is has been actively engaged in the public input process for the planning and development of offshore wind leases, and has worked with both government agencies and offshore wind developers to better understand and reduce the potential impacts of offshore wind development.

The Responsible Offshore Development Alliance (RODA) also wrote to CBP expressing โ€œserious concernโ€ over the proposed modifications.

Read FSFโ€™s full letter here

Trump administration makes another bid to slash Chesapeake cleanup funds

March 14, 2019 โ€” The Trump administration has once again called for deep cuts in federal funding for the Chesapeake Bay cleanup, despite failing twice before to convince Congress to approve similar proposals.

The Trump administration has proposed slashing funds for the Chesapeake Bay restoration. Congress has rejected similar proposals for the past two years.

The move, announced Monday, drew immediate criticism from environmentalists and vows from lawmakers to maintain or even increase spending on the long-running restoration effort.

The fiscal year 2020 budget released by the White House would provide $7.3 million to the U.S. Environmental Protection Agency for the Chesapeake Bay Program. That represents a 90 percent reduction from this yearโ€™s funding level of $73 million.

Read the full story at the Bay Journal 

Rash of catfish recalls caused by agency confusion

March 7, 2019 โ€” The rash of wild and farmed catfish recalls in the United States since the beginning of this year may be caused by confusion over which regulatory agency oversees catfish inspections.

More than a year after a controversial regulation shifting inspections of all siluriformes (catfish) from the U.S. Food and Drug Administration to the U.S. Department of Agricultureโ€™s Food Safety and Inspection Service (FSIS) went into effect, many catfish importers โ€“ and some domestic suppliers โ€“ remain unaware of the change, sources told SeafoodSource.

In addition, FSIS โ€œdiscovered a lesser known species of siluriformes fish (sheat) in commerce without FSIS inspection, resulting in a recall,โ€ Buck McKay, public affairs specialist with FSIS, told SeafoodSource.

โ€œWorking with our federal partners at Customs and Border Patrol (CBP) and the FDA, FSIS identified additional recent shipments of this fish imported by other companies resulting in two additional recalls,โ€ McKay said.

FSIS identified a fourth product in commerce while performing effectiveness checks for one of the recalls.

As a result, five importers were forced to recall thousands of pounds of catfish that were not presented for re-inspection by FSIS. The agency did not find a food safety risk with the catfish.

Read the full story at Seafood Source

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