Saving Seafood

Chesapeake crab caper results in felony charges

January 23, 2018 — More than three years after federal fish fraud investigators were tipped off that a Virginian seafood company was selling foreign crabmeat labeled as more expensive domestic crabmeat, federal prosecutors filed felony charges against Casey’s Seafood owner, James R. Casey, 74, of Poquoson, Va.

At the time of the tip in 2014, The Baltimore Sun had begun following special agents tracking crab fraud among other kinds of seafood fraud.

The Sun found that, despite increased concerns about such fraud, the number of enforcement cases brought by the National Oceanic and Atmospheric Agency had plummeted after the agency began cutting the “special agents” who investigate fish fraud in 2010.

As the world’s seafood resources decline, substituting other species of seafood for rarer and more expensive ones has become a lucrative business as well as a growing concern for governments and health officials.

Jack Brooks, co-owner of J.M. Clayton Seafood in Cambridge, described how easy it is to commit fraud with crabmeat in a 2014 letter he wrote to the federal task force establishing the new rules to mitigate seafood fraud. It happens, he wrote, when “unscrupulous domestic companies, seeing a quick and profitable opportunity” simply put imported crabmeat into a domestic container.

Brooks, who processes crab, added that there is “no or very limited enforcement” of such fraud, which can net businesses an extra $4 to $9 per pound. That leaves domestic competitors with higher costs and puts seafood-related jobs in jeopardy.

During their investigation, NOAA agents sent eight containers of Casey’s Seafood crabmeat bought at stores in Delaware and Virginia to a laboratory in College Park for DNA testing. The results confirmed the tip: seven of the eight Casey’s containers labeled as “Product of the USA” contained swimming crab found only outside U.S. waters, according to court documents.

Read the full story at the Baltimore Sun

 

Jones Calls for Tough Measures on Illegal Shrimp Imports

January 16, 2018 — WASHINGTON — The following was released by the office of Congressman Walter Jones:

Congressman Walter B. Jones (NC-3) is continuing his long-standing fight to level the playing field for shrimping families in Eastern North Carolina and across the country.  In his latest move, Jones is calling for foreign shrimp to be part of a tough new federal monitoring program to prevent the dumping of illegal shrimp into the American market.

Foreign seafood is often produced and imported into the U.S. through illegal means including: production in countries/facilities that use slave labor; production in foreign aquaculture facilities (shrimp farms) that use illegal antibiotics banned for human consumption by the U.S. Food and Drug Administration (FDA) due to a range of health impacts including antimicrobial resistance and cancer; and transshipment or mislabeling in order to evade public health testing or anti-dumping duties.  In late 2016, the Obama administration established a new Seafood Import Monitoring Program (SIMP) to ensure there are proper record keeping requirements on seafood to prevent the dumping of illegal products into U.S. markets.  Unfortunately, shrimp was not included in that program.  Jones and several of his congressional colleagues want that changed.

In a letter sent last week, the congressmen urged U.S. Secretary of Commerce Wilbur Ross to include shrimp in the Seafood Import Monitoring Program.

“The U.S. shrimp industry is a very critical part of the Gulf and South Atlantic economies but is it slowly eroding as we allow Asian and South American countries to continue their illegal dumping activities,” said Jones and his colleagues.   “The inclusion of shrimp in Seafood Import Monitoring Program would provide a tremendous amount of transparency in the process, while also allowing this trade enforcement tool to reduce the number of illegal chemicals that are used to undercut our labeling regulations and seafood prices.  By doing this the U.S. will protect itself from becoming a dumping ground for illegal and often contaminated seafood products, and stabilize a market that has been manipulated for far too long.”

The problems with illegal and often unsafe shrimp imports are widely documented.  According to data presented in a recent Government Accountability Office (GAO) report entitled: Imported Seafood Safety: FDA and USDA Could Strengthen Efforts to Prevent Unsafe Drug Residues (GAO-17-443, Sept. 2017):

  • FDA tested only 0.1 percent of all seafood import entry lines for the presence of banned antibiotics in FY 2015 (see Figure 3 of the report).
  • FDA reported that it had taken 550 shrimp samples for drug testing in FY 2015 and, of those, 67 were found to have the presence of unsafe drug residues.  That is the equivalent of a 12.2 percent violation rate. 
  • The GAO further notes that same year (FY 2015), the U.S. imported 1.3 billion pounds of shrimp. When applied to all 1.3 billion pounds of shrimp imports that year, the 12.2 % violation rate suggests that as many as 158.6 million pounds of contaminated shrimp may have entered the U.S. during that fiscal year.  Assuming an average serving size of 0.5 pounds, this further suggests that more than 300 million servings of antibiotic-contaminated shrimp may have been consumed by tens of millions of individual U.S. consumers in 2015. 

In addition, shrimp from several foreign countries including China, India, Thailand and Vietnam have been subject to anti-dumping duties for over 10 years after producers there were found to be illegally dumping massive quantities of shrimp on the U.S. market.  The U.S. International Trade Commission (ITC) recently extended those duties for another five years after finding that removing them would likely result in a resumption of illegal dumping. Congressman Jones has been a long-time advocate for the duties, and applauded the ITC’s decision.

 

Gulf shrimpers push for monitoring

January 8, 2018 — The $5.7 billion dollar U.S. industry built on the importation of foreign shrimp is not happy about a monitoring provision tucked away inside a pending federal budget bill, though the Gulf shrimp industry is all for it.

The provision, part of Senate Bill 1662, would remove a stay on including imported shrimp under the Seafood Import Monitoring Program (SIMP), a new set of reporting and record-keeping requirements implemented by the National Marine Fisheries Service. SIMP is aimed at preventing illegal, unreported and unregulated-caught and/or misrepresented seafood from entering the U.S. market.

Jan. 1, 2018, was the compliance deadline for 10 other species under SIMP, though shrimp and abalone were to be phased in later. The provision in S.B. 1662, if it takes effect, would give the U.S. import shrimp industry 30 days to prepare for the new reporting requirements. Imports represent 90 percent of the U.S. shrimp industry.

“Importers of record,” typically U.S.-based seafood dealers, would be required to maintain records for at least two years on the type of species caught, when and where the species were harvested, quantity and weight of the harvest, type of gear used, name and flag of the fishing vessel, first point of landing and other data.

Read the full story at the Brownsville Herald

 

NFI seeks to reach administration on seafood trade in 2018

January 2, 2018 — Pressing the importance of all trade on the Donald Trump administration, including imported seafood, will be one of the top priorities of the National Fisheries Institute (NFI) in 2018.

The US seafood industry’s biggest trade association, representing close to 300 companies, is still smarting from several of the moves made by the White House and its Cabinet in their first year, including its formal withdrawal from a trade deal with Pacific countries, a lack of progress on a trade deal with Europe and implementation of the Seafood Import Monitoring Program (Simp).

But NFI president John Connelly said trade will remain a top focal point for the group in the New Year.

“We just need to spend more time on the Hill and in the administration to help them appreciate that not all trade is negative for the US,” Connelly told Undercurrent News in an December interview at his office in McLean, Virginia. “Seafood is not like steel or autos or something else. We cannot now produce enough seafood in the US, whether it be from wild capture or aquaculture, to feed all Americans.”

The US exports 40% to 60% of the seafood it produces, depending on the value of the dollar and some other factors, and imports about 85% of the seafood it consumes. Seafood is responsible for 1,270,141 jobs in the U.S. and imports account for 525,291 of those, according to Department of Commerce data noted by the association.

“Gladys, down in Brownsville, Texas, is cutting imported tilapia right now, and that job is extraordinarily important to her family. Why is that job any less important than a job involving domestic codfish?” Connelly said.

High points and low points in 2017

But in looking back at 2017, Connelly can point to at least one major trade-related victory: The removal of the prospective border adjustment tax from the legislative tax overhaul passed by Congress and signed by the president before leaving on its winter break. The provision, which was supported by several Republican leaders, would have forced some seafood dealers to raise their prices 30% to 40%, said Connelly, quoting a Wall Street Journal article.

Read the full story at Undercurrent News

 

Seafood Importers and Brokers Totally Unprepared for Jan 1st Implementation of Sfd Import Monitoring

December 9, 2017 — SEAFOOD NEWS — January 2018 has the potential to see an epic disaster for seafood imports.

January 1st is the date NOAA is scheduled to implement the Seafood Import Monitoring Program, which requires a series of new data in order to allow products to be imported into the US.

The National Fisheries Institute unsuccessfully sued to halt the program, but lost.

Read the full story at SeafoodNews.com

U.S. Leads in Global Fisheries Management

November 13, 2017 — The United States has some of the best managed marine fisheries in the world. With that leadership comes the opportunity and responsibility to advance sustainable conservation and management practices on the high seas and, as appropriate, to support other nations in achieving similar outcomes in their economic zones. NOAA Fisheries, through the work of our Office of International Affairs and Seafood Inspection—along with our national program offices, regional offices, fisheries science centers, and international partners—leads the nation’s efforts in achieving globally sustainable resources and conservation of living marine resources while ensuring U.S. fishermen’s access to high-seas fisheries.

Much of this is achieved through bilateral engagement, participation in regional fishery management organizations, other multilateral conservation fora, and scientific exchanges. But we also use our role as a major importer of seafood by enforcing laws requiring seafood exported to the United States to originate from fisheries that have comparable conservation measures in place. Over the past year, the Office of International Affairs and Seafood Inspection has worked to implement two new regulations:

  • The Seafood Import Monitoring Program, which established traceability requirements for certain priority fish species entering U.S. commerce.
  • The international import provisions of the Marine Mammal Protection Act, which require that seafood exported to the United States is from fisheries with measures in place to reduce the bycatch of marine mammals that are comparable in effectiveness to U.S. measures.

We are dedicated to the implementation and administration of these regulations and have engaged the governments and seafood producers of more than 100 nations this past year to explain the requirements of these regulations and gather information about their fisheries. In addition, we issued a report to Congress on international compliance with another law intended to combat illegal, unregulated, and unreported fishing, to reduce the bycatch of protected species, and to ensure adequate shark conservation measures on the high seas.

Read the full story at NOAA Fisheries

 

Industry’s challenge to seafood import monitoring program rejected

August 29, 2017 — A legal challenge to the Seafood Import Monitoring Program (SIMP) – a set of regulations requiring increased traceability for seafood imports – was rejected on Monday, 28 August.

The lawsuit was filed earlier this year by the National Fisheries Institute (NFI) and a large group of U.S. seafood companies, including Trident Seafoods, Fortune Fish and Gourmet, Handy Seafood, and Alfa International Seafood. The industry representatives argued that the program violated federal law and that their businesses would be harmed as a result of its implementation.

U.S. District Judge Amit Mehta ruled against the plaintiffs, finding that the Commerce Department’s implementation of the program was not done inappropriately. Specifically, Mehta found that SIMP was issued under rules allowed under the Magnuson-Stevens Act and Administrative Procedure Act, and that the department properly completed a regulatory flexibility analysis to determine SIMP’s impact on small businesses.

“The court finds that the rule’s issuance did not run afoul of the MSA, and the current Secretary of Commerce validly ratified the rule, thereby curing any alleged constitutional defect in the rule’s promulgation,” Mehta wrote.

Read the full story at Seafood Source

Senators add shrimp to seafood import monitoring program implementation plan

July 28, 2017 — Efforts to include shrimp in the Seafood Import Monitoring Program when it takes effect Jan. 1 of next year advanced in Congress on Thursday, the American Shrimp Processors Association (ASPA) said in a release.

Senate appropriations committee chairman Thad Cochran and commerce, justice and science appropriations subcommittee chairman Richard Shelby added language to the FY2018 commerce, justice and science subcommittee bill to ensure that shrimp is fully integrated into the program on the same timeline as other species, the association said.

Previously, shrimp was expected to be phased in at a later date than majority of other priority species, which have a mandatory compliance date of Jan. 1.

David Veal, ASPA executive director, commended the decision. He said Cochran and Shelby showed they care about the survival of the US shrimp industry and continued economic opportunity and job growth of coastal communities.

Read the full story at Undercurrent News

ABOUT THE U.S. SEAFOOD IMPORT MONITORING PROGRAM

July 13, 2017 — The following was released by the National Ocean Council Committee on IUU Fishing and Seafood Fraud:

The Seafood Import Monitoring Program establishes for imports of certain seafood products, the reporting and recordkeeping requirements needed to prevent illegal, unreported and unregulated (IUU)-caught and/or misrepresented seafood from entering U.S. commerce, thereby providing additional protections for our national economy, global food security and the sustainability of our shared ocean resources. NOAA Fisheries published the final rule establishing the Seafood Import Monitoring Program (SIMP) on December 9, 2016.   This is thefirst-phase of a risk-based traceability program—requiring the importer of record to provide and report key data—from the point of harvest to the point of entry into U.S. commerce—on an initial list of imported fish and fish products identified as particularly vulnerable to IUU fishing and/or seafood fraud.  January 1, 2018 is the mandatory compliance date for this rule.

Upcoming Public Meetings

Tuesday, July 18, 2017 – 10:00 AM PDT
DoubleTree Suites by Hilton Seattle Airport / Southcenter, Seattle, Washington
 
Thursday, July 20, 2017 10:00 AM EDT
Renaissance Newark Airport Hotel, Newark, NJ
 
Tuesday, July 25, 2017 10:00 AM EDT
Hilton Miami Airport, Miami, Florida

To view transcripts and/or recordings of previous meetings, please click here.

Overview of the Final Rule

  • The final rule reflects and responds to numerous public comments and campaign messages received on the proposed rule and underscores NOAA Fisheries’ extensive efforts to establish an effective program that minimizes the burden of compliance on industry while providing the necessary information to identify illegal and/or misrepresented seafood imports before they enter the U.S. market.
  • The Seafood Import Monitoring Program establishes permitting, data reporting and recordkeeping requirements for the importation of certain priority fish and fish products that have been identified as being particularly vulnerable to IUU fishing and/or seafood fraud.
  • The data collected will allow these priority species of seafood to be traced from the point of entry into U.S. commerce back to the point of harvest or production to verify whether it was lawfully harvested or produced.
  • The collection of catch and landing documentation for these priority seafood species will be accomplished through the International Trade Data System (ITDS), the U.S. government’s single data portal for all import and export reporting.
  • The Seafood Import Monitoring Program is not a labeling program, nor is it consumer facing. In keeping with the Magnuson-Stevens Act authority (under which the regulatory program has been promulgated) and the strict information security of the ITDS–the information collected under this program is confidential.
  • The importer of record will be required to keep records regarding the chain of custody of the fish or fish product from harvest to point of entry into U.S.

Read the full release here

Seafood Traceability Rule to Remain in Place, Says Court

June 28, 2017 — As reported previously on this blog, concerns about illegal, unreported and unregulated (IUU) seafood fraud, led to a proposed rule to establish a traceability program for certain seafood species. The final rule establishing the Seafood Import Monitoring Program was published by the National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), Department of Commerce, in the December 9, 2016 Federal Register.

The Program established permitting, data reporting and recordkeeping requirements for the importation of certain priority fish and fish products—including abalone, several types of cod and tuna, red snapper, shrimp and swordfish—that were identified as being especially vulnerable to seafood fraud. The rule requires seafood importers to trace the origin of the fish they import to either the specific boat that caught the full fish or a “single collection point,” to the day the fish was caught, and to the sector of the specific ocean where the fish was caught.

On January 6, 2017, the National Fisheries Institute, Alfa International Seafood, Inc. and others filed a lawsuit in the U.S. District Court for the District of Columbia challenging what they called a “Midnight Final Rule.” In the suit, the plaintiffs questioned whether the Department of Commerce cut corners by, among other things, refusing to disclose for public comment the data that it relied on to identify the seafood species subject to the rule and by allowing “a low-level bureaucrat to issue a binding final rule absent a valid delegation of authority from the Secretary.”

In a June 22, 2017 ruling, Judge Amit P. Mehta did not overturn the final rule establishing the Seafood Import Monitoring Program. Rather, Judge Mehta wrote: “The proper course at this juncture—just months before the rule goes into effect—is to defer ruling on Plaintiffs’ broader challenge to the agency’s authority to engage in rule-making and, instead, afford the federal defendants an opportunity to submit a signed statement from a principal officer within the Department of Commerce that ratifies the rule.”

Read the full story at The National Law Review