[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Notices]
[Pages 75536-75541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29628]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD652
Recommendations of the Presidential Task Force on Combating
Illegal, Unreported and Unregulated Fishing and Seafood Fraud
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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[[Page 75537]]
SUMMARY: On June 17, 2014, the White House released a Presidential
Memorandum entitled ``Establishing a Comprehensive Framework to Combat
Illegal, Unreported, and Unregulated Fishing and Seafood Fraud.'' Among
other actions, the Memorandum established a Presidential Task Force on
Combating Illegal, Unreported, and Unregulated Fishing and Seafood
Fraud (Task Force), co-chaired by the Departments of State and Commerce
with twelve other Federal agency members: the Council on Environmental
Quality, Departments of Agriculture, Defense, Health and Human
Services, Homeland Security, Interior, Justice, the Federal Trade
Commission, the Office of Management and Budget, the Office of Science
and Technology Policy, the U.S. Agency for International Development,
the National Security Council and the U.S. Trade Representative. The
Task Force is directed to report to the President within 180 days with
``recommendations for the implementation of a comprehensive framework
of integrated programs to combat IUU fishing and seafood fraud that
emphasizes areas of greatest need.'' Those recommendations have now
been provided to the President through the National Ocean Council. This
is a request for comments from the public to advise the Task Force on
how to most effectively implement these recommendations. Specific
questions are posed after some of the recommendations to help elicit
feedback on potential implementation issues and concerns which will
help inform development of an implementation plan in the months ahead.
DATES: Comments must be received by January 20, 2015.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2014-0090, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0090, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Carrie Selberg, 1315
East-West Highway; Silver Spring, Maryland 20910.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by the Task Force. All comments received are a
part of the public record and will generally be posted for public
viewing on www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. The Task Force will accept
anonymous comments (enter ``N/A'' in the required fields if you wish to
remain anonymous). Attachments to electronic comments will be accepted
in Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Carrie Selberg, (301) 427-8021.
SUPPLEMENTARY INFORMATION:
I. Background
The United States is a global leader in sustainable seafood. Over
the course of the last six years, the United States has largely ended
overfishing in federally managed waters and successfully rebuilt a
record number of overfished stocks, with both overfishing and
overfished fish stocks at all-time lows. Effective management and
enforcement of domestic fishing regulations has supported near record
highs in both landings and revenue for our domestic fishing industries.
As a result, the United States' approach of science-based fisheries
management is recognized internationally as a model for ending
overfishing and implementing sustainable fisheries management
practices.
One of the biggest global threats to the sustainable management of
the world's fisheries is illegal, unreported, and unregulated (IUU)
fishing. IUU fishing occurs both within nations' waters and on the high
seas and undermines the biological and economic sustainability of
fisheries both domestically and abroad. IUU fishing in other parts of
the world can cause problems in places where there are strong rules
managing fisheries, such as the United States. By circumventing
conservation and management measures and cutting or avoiding the
operational costs associated with sustainable fishing practices and
harvesting levels, entities engaged in IUU fishing undermine the
sustainability of fish stocks and the broader ecosystem. Further, IUU
fishers gain an unfair advantage in the marketplace over law-abiding
fishing operations as they do not pay the true cost of sustainable
production. Global losses attributable to IUU fishing have been
estimated to be between $10-23 billion annually. Additionally, U.S.
efforts to reduce global hunger, malnutrition, and coastal risks are
being undermined by IUU fishing in developing countries. Over 2.5
billion people depend upon fish for food and nutrition, and IUU and
unsustainable fishing threatens valuable food resources. Combating IUU
fishing will directly contribute to U.S. commitments and efforts to
enhance global food and nutrition security.
A number of factors including complex trade systems, comingling,
and broad geographic distribution contribute to difficulties in
documenting the chain of custody for fish and seafood products.
According to the United Nations' Food and Agriculture Organization,
fish and seafood products are among the most widely traded food
commodities in the world. Additionally, some seafood is comingled in
the global supply chain as part of processing and distribution. Once a
shipment of seafood enters U.S. commerce, it is often distributed
widely making it difficult to document the chain of custody and
guarantee that the product reaching the consumer has been legally
harvested or is in fact the product it is claimed to be.
While not necessarily related to IUU fishing, seafood fraud
(whereby fish is mislabeled with respect to its species or country of
origin, quantity, or quality) has the potential to undermine the
economic viability of U.S. and global fisheries as well as the ability
of consumers to make informed purchasing choices. Seafood fraud can
occur at any point along the seafood supply chain from harvest to
market. It can be driven by diverse motives, from covering up IUU
fishing to avoiding duties, to increasing a profit margin through
species substitution or falsification of the country of origin. While
it is difficult to know the extent of seafood fraud, the frequency of
seafood fraud incidents has received increasing attention in peer-
reviewed journals, government reports and private sector reports.
Seafood fraud threatens consumer confidence, serving to further
undermine the reputation and market competitiveness of law-abiding
fishers and businesses in the seafood industry.
A number of challenges exist with respect to information
collection, sharing, and analysis in support of federal efforts to
combat IUU fishing and seafood fraud: (1) A vast industry with a large
quantity of international and domestic trade; (2) multiple Federal
agencies responsible for regulating only a part of this trade and only
for particular issues (e.g., food labeling and fishing violations); (3)
disparate information collection abilities and requirements among those
agencies with no specific common collection, analysis or sharing
mechanism; (4) federal jurisdiction not including the entire
[[Page 75538]]
supply chain as states manage their own fisheries and generally have
primary jurisdiction over intrastate sales, including most retail and
restaurant sales; (5) statutory constraints on the use and sharing of
some information collected by the federal government; and (6) weak
institutions and poor data collection and management in some source
countries.
It is in the interest of the United States to promote a
comprehensive framework that supports sustainable fishing practices
while combating seafood fraud and the sale of IUU seafood, including by
improving the transparency and traceability of the seafood supply
chain. To achieve these objectives, the United States will need to
improve implementation of and enhance and broaden the tools it has
available to combat IUU fishing and seafood fraud. The Task Force was
established to identify and achieve these objectives.
The Task Force initiated a public engagement process to gain broad
input to inform and advise development of these recommendations. This
process included two public meetings, two webinars, input from 32
countries, and a public comment period noticed in the Federal Register.
The Task Force also began to analyze the federal government's existing
authorities to combat IUU fishing and seafood fraud, and identify
potential gaps in those authorities. Furthermore, it examined specific
areas for improved coordination among the Task Force agencies regarding
these issues.
Based on this public engagement process and the Task Force's
analysis of existing authorities, gaps in those authorities, and
current and potential levels of interagency coordination, the Task
Force developed recommendations designed to enhance the tools we have
available to combat IUU fishing and seafood fraud. Doing so will level
the playing field for legitimate fishers and businesses in the seafood
industry and increase consumer confidence in seafood sold in the United
States.
Recommendations by the Task Force fall under four general themes:
International: Combat IUU fishing and seafood fraud at the
international level;
Enforcement: Strengthen enforcement and enhance
enforcement tools to combat IUU fishing and seafood fraud;
Partnerships: Create and expand partnerships with state
and local governments, industry, and non-governmental organizations to
identify and eliminate seafood fraud and the sale of IUU seafood in
U.S. commerce; and
Traceability: Create a risk-based traceability program to
track seafood from harvest to entry into U.S. commerce to prevent entry
of illegal product into the supply chain and better inform retailers
and consumers.
II. Recommendations
Comment is generally sought on how to implement the following
recommendations. Specific questions intended to elicit comment are
listed below some of the recommendations. Proposed timeframes have been
specified in some of the recommendations discussed below.
International: Combat IUU fishing and seafood fraud at the
international level
1. The 2009 Agreement on Port State Measures to Prevent, Deter and
Eliminate Illegal, Unreported and Unregulated Fishing (PSMA) is the
first binding global instrument focused specifically on combating IUU
fishing. The PSMA sets minimum standards for the conduct of port
inspections and the training of inspectors to prevent IUU seafood
products from entering commercial markets. The PSMA also requires port
States to prevent entry into or use of ports by vessels that have
engaged in IUU fishing, except for the purpose of inspection or other
enforcement actions. The PSMA requires 25 ratifications to enter into
force; to date there are 11. The U.S. Senate provided its advice and
consent to ratification of the PSMA in 2014. Before the United States
can deposit its instrument of ratification, however, Congress must pass
legislation to implement U.S. obligations under the PSMA.
Recommendation: Work with Congress to pass implementing legislation for
the Port State Measures Agreement (PSMA). Direct the Secretary of State
to promote entry into force and full implementation of the PSMA.
2. Many fisheries that exist in the waters of several nations and/
or on the high seas are managed by Regional Fisheries Management
Organizations (RFMOs). RFMOs have sought to promote compliance with the
management measures they have adopted using a wide variety of tools.
Drawing on experience gained from participation in various RFMOs, the
United States is in a position to identify the best practices for
combating IUU fishing through RFMOs and promote the adoption of such
practices in all RFMOs in which the United States participates. Some
examples include:
(A) Several RFMOs, including the International Commission for the
Conservation of Atlantic Tunas and the Commission for the Conservation
of Antarctic Marine Living Resources, have developed catch
documentation and trade tracking requirements that enable governments
to monitor the movement of fish and fish products through international
commerce. The United States should develop, in collaboration with
RFMOs, foreign governments, and other intergovernmental organizations,
best practices for electronic systems that collect catch information
and that track data across harvest and transport vessels and fisheries
management agencies--these should include uniform data elements such as
harvest vessel, species name, gear type, and region of catch. Best
practices should also include interoperability among U.S. domestic and
foreign national-level documentation and data tracking systems, with a
view to avoiding duplication with existing systems.
(B) Article 21 of the 1995 United Nations Fish Stocks Agreement
(UNFSA) establishes a reciprocal high seas boarding and inspection
regime that is a critical tool for greater cooperation in enforcement
of RFMO-adopted conservation and management measures. Under this
regime, any UNFSA Party, including the United States, that is a member
of an RFMO can board and inspect the fishing vessels of any other UNFSA
Party in high seas areas covered by and subject to measures adopted by
that RFMO, collect information on any apparent violations of applicable
fisheries management measures, and provide this information to the flag
State or relevant RFMOs for follow-up action. To date only the Western
and Central Pacific Fisheries Commission (WCPFC) has implemented
measures to the full extent outlined in UNFSA. The United States should
continue to call upon additional RFMOs to which it is a party to follow
the lead of the WCPFC, putting particular pressure on other UNFSA
parties to support such efforts, reminding them of their obligations
under the UNFSA, while reserving the right of the United States to use
its authority deriving from UNSA to conduct high seas boardings and
inspections.
(C) Many RFMOs require vessels above a minimum size to carry
satellite-based vessel monitor systems (VMS) that enable at least the
flag States to monitor the position of vessels at sea on a real-time
basis. The United States should develop, in collaboration with RFMOs,
foreign governments, and other intergovernmental organizations, best
practices for implementation of vessel monitoring systems across all
types of commercial fishing vessels and those vessels engaged in the
fisheries supply chain (including transshipment and
[[Page 75539]]
processing vessels). The United States should also seek expansion of
international vessel-tracking requirements to include, where
appropriate, the use of Automatic Identification System (AIS), VMS,
innovative and low-cost technology suitable for small vessels, and
updated technical standards to improve reporting frequency and
accessibility of vessel position data.
(D) The United Nations Food and Agriculture Organization (FAO) has
been working to develop a Global Record of Fishing Vessels and Fishing
Support Vessels. The United States should continue to support the FAO's
design and implementation of Phase One of the Global Record of Fishing
Vessels (vessels greater than or equal to 100GT, 100GRT, or 24m) to
ensure that implementation is accomplished as soon as possible. At the
same time, the United States should continue to advance measures in the
RFMOs to require International Maritime Organization (IMO) numbers for
all eligible vessels, and to work with the IMO and other relevant
organization to expand the category of commercial vessels that are
eligible for IMO numbers, to ensure that all commercial fishing vessels
can be tracked even as they change owners, flags, or names.
Recommendation: Direct the Task Force to develop, within one year
(and refined as appropriate in subsequent years), best practices for
catch documentation and data tracking; high seas boarding and
inspection; monitoring, control, and surveillance measures (including
observer programs, vessel tracking systems, authorized vessel lists);
port state control; and compliance monitoring and promote their
adoption in each of the Regional Fishery Management Organizations
(RFMOs) of which the U.S. is a member.
Question: Are there any categories of best practices to be developed by
the U.S. government missing from the list above?
3. Various U.S. government agencies are engaged in initiatives with
foreign governments to support broader maritime domain awareness such
as regional law enforcement activities to counter trafficking of
people, drugs or weapons. IUU fishing should be included in these
activities to capitalize upon current efforts and resources and foster
comprehensive maritime domain awareness. Recommendation: Direct the
Secretaries of Defense and Homeland Security to include IUU fishing
threat analysis and monitoring as a component of U.S. and international
efforts to increase overall maritime domain awareness.
Question: What regions or fisheries should be prioritized for threat
analysis and monitoring? What technical tools or analytical approaches
are most needed?
4. The vast majority of U.S. Free Trade Agreements (FTAs) contain
obligations that require U.S trading partners to ``effectively
enforce'' their environmental and labor laws, including laws that
protect and conserve natural resources, such as marine fisheries, and
that protects certain internationally recognized labor rights. These
obligations are subject to dispute settlement under the trade
agreement, and the U.S. Trade Representative has authority to monitor
and review implementation of these and other FTA commitments. The
United States is currently seeking commitments in two FTAs, the Trans-
Pacific Partnership (TPP) and the Transatlantic Trade and Investment
Partnership (TTIP), to address IUU fishing activities. Further, looking
beyond existing negotiations and to future agreements, it will be
important to pursue commitments from trading partners to effectively
enforce conservation and management measures they have adopted pursuant
to RFMOs. Recommendation: Direct the U.S. Trade Representative to use
existing Free Trade Agreements and future FTAs to combat IUU fishing
and seafood fraud, including through enhanced cooperation with our
trading partners and commitments to enforce environmental and labor
laws.
5. Some governments continue to provide subsidies to their
fisheries sectors that encourage overfishing or contribute to excess
capacity of fishing fleets. Such subsidies also undermine the
effectiveness of fisheries management regimes and can contribute to IUU
fishing. Recommendation: Direct the U.S. Trade Representative, and the
Secretaries of State and Commerce to pursue international commitments
to eliminate fisheries subsidies that contribute to excess fishing
capacity, overfishing and IUU fishing by 2020.
6. Especially in developing nations, increased national-level
capacity is needed to strengthen fisheries governance and transparency,
implement the Port State Measures Agreement (PSMA), enforce fisheries
laws, and prosecute fisheries violations and related criminal
activities. Nations that register fishing and support vessels need the
capacity to exercise their responsibilities as flag States, which
include issuing fishing authorizations, monitoring fishing and
transshipment at sea, conducting enforcement operations, inspecting
vessels dockside, and monitoring landings. Improved technological
infrastructure is needed for collecting information on vessels and
catch to enable effective enforcement, support traceability schemes,
and foster sustainable fisheries management. Efforts to combat IUU
fishing and seafood fraud need to be integrated with international
development activities, in particular food security dialogues and
programs. Recommendation: Direct the Secretaries of Commerce, Defense,
Homeland Security, State, the Administrator of USAID, and the Attorney
General to coordinate with donors, multilateral institutions and
foreign governments and prioritize building capacity to sustainably
manage fisheries, combat IUU fishing and seafood fraud.
Question: What are the best ways to coordinate in capacity building
efforts? In which countries and what types of capacity building
activities would have the most impact?
7. Efforts to address development or governance issues related to
sustainable fisheries benefit greatly from the active support of and
coordination with senior government officials through diplomatic
channels, engagement in future oceans conferences, and engagement in
influential regional fora. Building these key relationships will
further encourage our foreign government partners to enhance their
efforts to combat IUU fishing as well as work with U.S. investigative
agencies to ensure that illegally caught or fraudulently labeled
seafood does not enter commerce. Recommendation: Direct the Secretary
of State to maintain combating IUU fishing and seafood fraud as a
diplomatic priority in order to gain the support of senior officials in
priority countries to enhance political will for combatting IUU fishing
and seafood fraud.
Enforcement: Strengthen Enforcement and Enhance Enforcement Tools To
Combat IUU Fishing and Seafood Fraud
8. Obtaining and sharing information is another critical element in
preventing IUU or fraudulently labeled seafood (including false labels,
fraudulent customs declarations, and other similar actions) from
entering U.S. commerce (whether from domestic or foreign sources).
Mechanisms to gather, share, and analyze information on goods entering
the United States exist among relevant administrative and law
enforcement agencies, including through Customs and Border Protection's
Commercial Targeting and
[[Page 75540]]
Analysis Center, Immigration and Customs Enforcement's Homeland
Security Investigations Trade Transparency Unit, and through forensic
capabilities across the Federal government. However, certain gaps
concerning collection, sharing, and analysis of fisheries-related
information remain. Recommendation: Direct the Task Force members, to
include the Secretaries of Agriculture, Commerce, Health and Human
Services, Homeland Security, the Interior, and the Attorney General to
develop within 180 days a strategy with implementation deadlines to
optimize the collection, sharing, and analysis of information and
resources to prevent IUU or fraudulently labeled seafood from entering
U.S. commerce. This strategy should include a plan to increase support
and coordination across agencies for forensic analysis of seafood
species and corresponding collection, archiving and analysis of related
reference specimens, as well as reflect efforts to increase
coordination with state and local governments per Recommendation 11.
Question: Which key actions should be included in this strategy?
9. Broader customs enforcement tools can also continue to be
leveraged to combat IUU fishing and seafood fraud. The U.S. has now
signed over 70 Customs Mutual Assistance Agreement (CMAAs) with other
customs administrations across the world. CMAAs are bilateral
agreements between countries and are effectuated by their respective
customs administrations. They provide the legal framework for the
cooperation and exchange of information and evidence to assist
countries in the enforcement of customs laws, including duty evasion,
fraud, smuggling, trafficking, proliferation, money laundering, and
terrorism-related activities. CMAAs can be used to support IUU fishing
and seafood fraud investigations, facilitate risk-based targeting of
illicit seafood shipments, and for further cooperation with foreign
governments to develop best practices to prevent IUU or fraudulent
seafood from reaching our borders. Recommendation: Direct the Secretary
of Homeland Security to leverage existing and future CMAAs to exchange
relevant information and encourage foreign customs administrations to
cooperate in combating IUU fishing and seafood fraud.
10. Standardizing rules across the U.S. government concerning how
to properly identify a seafood product's species, common name and
origin would better support detection and enforcement efforts to combat
IUU fishing and seafood fraud. Standardization of this information
would minimize opportunities to avoid detection by exploiting
inconsistencies across Federal agencies and ambiguities in existing
requirements and industry conventions. Standardized rules would also
promote better industry compliance and reduce inadvertent noncompliance
by providing clearer guidance to industry about how to properly
identify fish and seafood, including their origin. Recommendation:
Direct the Secretaries of Agriculture, Commerce, Health and Human
Services, and Homeland Security, with input from the Attorney General,
to standardize and clarify rules on identifying the species, common
name, and origin of seafood. Direct the Secretaries of Commerce and
Homeland Security and the U.S. Trade Representative to work with the
International Trade Commission to adjust U.S. tariff codes to enhance
identification in trade of species subject to IUU fishing or seafood
fraud accordingly. The agencies should aim to publish these revised
rules and adjusted codes not later than one year after the adoption of
this recommendation.
Questions: What seafood products could benefit most from clarification
of species, common name and rules of origin? What revisions to the
tariff codes (at the level than can be adjusted for U.S. statistics)
could help address seafood fraud and facilitate monitoring of species
that may be harvested in IUU fisheries?
11. State and local enforcement authorities have an important role
in regulating fisheries, both through enforcement in state waters and
working with the National Oceanic and Atmospheric Administration (NOAA)
on landings of fish harvested in federal waters. The National Oceanic
and Atmospheric Administration works with state and local authorities
to obtain and share information with respect to domestic fisheries.
State and local enforcement authorities also have an important role in
detecting and preventing seafood fraud, since intrastate seafood sales,
including those at the restaurant and retail level, are largely
regulated by state and local authorities. Recommendation: Direct the
Secretaries of Agriculture, Commerce, Health and Human Services, and
Homeland Security, and the Attorney General to work with state and
local enforcement authorities to expand information sharing and develop
tools that address illegal fishing and seafood fraud at the state and
local level.
Question: How can Federal enforcement agencies expand information
sharing with state and local enforcement authorities?
12. Additional enforcement tools are needed by certain enforcement
agencies to address growing concerns over IUU fishing and the entry of
seafood products from IUU fishing into U.S. commerce including: Broader
and clearer search and inspection authorities, investigative subpoena
authority, increased penalties, and civil judicial enforcement
mechanisms. Recommendation: Work with Congress to the extent necessary
to broaden agency enforcement authorities, including those 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 violations related to IUU fishing and
seafood fraud.
Partnerships: Create Partnerships With Industry and Non-Governmental
Organizations To Identify and Eliminate Seafood Fraud and IUU Seafood
in U.S. Commerce
13. Private and public sector partnerships are essential to
preventing and reducing the entry of fraudulent seafood products and
products from IUU fishing into U.S. commerce. Recommendation: Direct
the Task Force to establish a regular forum with harvesters, importers,
dealers, retailers, processors and non-governmental organizations to
enhance collaboration in combating IUU fishing and seafood fraud and to
improve understanding of the levels and nature of IUU fishing and
seafood fraud and related criminal activities.
Traceability: Create a Risk-Based Traceability Program To Track Seafood
From Harvest to Entry Into U.S. Commerce
14. It is in the national interest to prevent the entry of illegal
goods, including illegal seafood into U.S. commerce. Creating an
information system that better facilitates data collection, sharing,
and analysis among relevant regulators and enforcement authorities
would be a significant step forward in addressing IUU fishing and
seafood fraud. To that end, the United States should work with industry
and other stakeholders to define the types of information to be
collected regarding seafood sold in the United States and the
operational standards to be applied to the collection, retention, and
[[Page 75541]]
transmission of such information. The information collected could
include:
Who harvested or produced the fish (e.g. name and flag
State of harvesting vessel and/or farm facility, type of fishing gear)?
What species was harvested (e.g. species name, form, and
quantity of the product)?
Where and when was the seafood harvested and landed (e.g.
ocean area of catch, farm location, date of harvest, date/point of
first landing)?
Other relevant details, such as transshipment and/or
processing activity.
The process to develop types of information and operational
standards under each of the categories above should allow for input
from interested stakeholders including industry, non-governmental
organizations, supply-chain experts, and state, local and foreign
governments. It should also draw upon and utilize applicable
experience, best practices, and existing standards where possible. This
program should be developed in a way that permits all authorized
agencies to enter, analyze, use, and verify the data while still
protecting information consistent with statutory authorities. The types
of information and operational standards should apply no less favorably
as between domestic and imported products. Recommendation: Direct the
Task Force, with input from U.S. industry and other stakeholders, to
identify and develop within six months a list of the types of
information and operational standards needed for an effective seafood
traceability program to combat seafood fraud and IUU seafood in U.S.
commerce.
Question: Accounting for those listed above, what types of information
and operational standards should be included in a traceability program?
15. Following Recommendation #14, a program will be developed and
implemented to establish these types of information and operational
standards as pre-requisites for entry into commerce. The program will
initially be applied to certain fish or seafood that are of particular
concern because they are subject to significant seafood fraud or
because they are at significant risk of being caught by IUU fishing.
However, the goal would be to eventually expand the program to all
seafood at first point of sale or import, after consideration of
relevant factors such as input from stakeholders and cost-
effectiveness. To achieve this:
a. The Secretaries of Commerce, Health and Human Services, State,
and any other relevant agencies will identify certain species of fish
or seafood that are of particular concern because they are subject to
significant seafood fraud or because they are at significant risk of
being caught by IUU fishing. The Secretaries of Homeland Security, HHS,
and Commerce, and other agencies, as appropriate, will work together to
implement Recommendation #14 requirements for the collection of
relevant and necessary data from, and compliance with operational
standards by, importers of these identified species, as consistent with
existing authorities.
b. The Secretaries of Commerce and Health and Human Services will
then work with the Regional Fishery Management Councils, states, and
other partners to require this same information from these identified
species when they are domestically harvested or produced.
c. Information collected will be shared among Federal
administrative and law enforcement agencies for analysis and other
relevant actions to prevent IUU or fraudulently labeled seafood from
entering U.S. commerce pursuant to the strategy developed by the
Secretaries of Agriculture, Commerce, Health and Human Services,
Homeland Security, and the Interior, and the Attorney General
(Recommendation #8).
d. The Secretary of Homeland Security will collaborate with the
Secretary of Commerce and other agencies as relevant to assist in
developing a voluntary Commerce Trusted Trader Program for importers of
these identified species. The Program will provide benefits such as
reduced targeting and inspections and enhanced streamlined entry into
the United States for certified importers.
e. Implementation of this risk-based traceability program will be
evaluated regularly, beginning within one year of requiring the types
of information for at-risk species, to identify whether it is meeting
the intended objectives in the most effective way possible, while
considering costs and benefits. The Task Force will consider the next
steps in expanding the program to other seafood entering U.S. commerce.
This evaluation will include input from stakeholders and identify any
additional resources or legal authorities that may be necessary to
cover additional species and types of product, and to make the
information available to the consumer.
f. Within one year of requiring the types of information for at-
risk species, the Task Force will develop further recommendations on
how certain types of information within the traceability system (e.g.
species; geographic origin; means of production, such as wild-caught
versus aquaculture; and gear type) could be made available to the
consumer.
Recommendation: Direct the Task Force to establish, within 18
months, the first phase of a risk-based traceability program to track
seafood from point of harvest to entry into the U.S. commerce.
Questions for Recommendation #15:
(a) Which species are currently at highest risk of IUU fishing and
seafood fraud and what factors contribute to species becoming at high
risk in the future?
(b) What are the specific characteristics and workings of the
global seafood supply chain that should be taken into account when
requiring information?
(c) What are the best approaches for expanding the risk-based
program to incorporate other fish and seafood products entering into
U.S. commerce?
(d) How often should the risk-based program be evaluated?
(e) What roles should government and private sectors serve in
managing and evaluating the program?
Reporting: Where a timeframe is not specifically noted under a
recommendation, the relevant agencies will report to the Task Force on
the progress of implementing that recommendation in one year from
receiving guidance from the President. In addition, recognizing that a
valuable and extensive body of information on fisheries and seafood
products would be created by the recommendations above, the Task Force
will report annually to the President, via the National Ocean Council,
on seafood trends, key issues related to IUU fishing and seafood fraud,
and progress on development and implementation of a comprehensive and
risk-based traceability program.
Dated: December 15, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-29628 Filed 12-16-14; 8:45 am]
BILLING CODE 3510-22-P