NOAA
Fisheries Strengthens Patagonian Toothfish
Luke
Miller, 2L
The Chilean
Sea Bass, scientifically known as Dissostichus eleginoides (Patagonian
toothfish) and Dissostichus mawsoni (Antarctic toothfish), is
a slow-growing fish living in the cold, deep waters of the southern
hemisphere. Known to live up to fifty years, most toothfish
are caught at 10-12 years of age at a weight of approximately
twenty pounds, far short of their 250 pound potential. Recently,
these fish received extra protection from the Department of
Commerce. As a member of the Commission for the Conservation
of Antarctic Marine Living Resources (CCAMLR), the United States
has adopted the conservation measures of the CCAMLR and implements
them through the NOAA Fisheries regulations (NOAA Fisheries
is also known as the National Marine Fisheries Service).
A key obligation as a member of the CCAMLR is to prevent and
discourage unlawful harvest and trade of toothfish. To accomplish
this goal, the CCAMLR created a program called the Dissostichus
Catch Document (DCD) Scheme. By registering the approximate
weight, location, and date of toothfish catches, CCAMLR and
its member states can monitor the species population and prevent
overfishing in regulated areas.1 The DCD scheme
is followed by the NOAA Fisheries and will be streamlined and
strengthened by new regulations, the majority of which took
effect June 2, 2003. These modifications to the pre-existing
regulations have been promulgated by the NOAA Fisheries to help
prevent illegal, unregulated, and unreported (IUU) catches of
toothfish. The following are a few of the key changes to 50
C.F.R. Part 300:
•
Lengthen permits to enter Commission Ecosystem Monitoring
Program sites from one to five years – possibly as a
reward for those who fish in properly designated areas;
• Define the CCAMLR fishing season as December 1 through
November 30 for U.S. vessels fishing for Antarctic Marine
Living Resources – currently there are only three U.S.
vessels and none of them actually fishes for toothfish;
• Require U.S. vessels harvesting Antarctic Marine Living
Resources in areas of CCAMLR to use an automated satellite-linked
vessel monitoring system;
• Require foreign entities to designate and maintain
a registered agent to act as a business liaison within the
United States;
• Prohibit the import of toothfish species caught in
areas outside CCAMLR monitored areas;
• Prohibit the import of toothfish that have been seized
or confiscated from illegal catches, even if they have been
issued a Specially Validated Dissostichus Catch Document;
and,
• Institute a preapproval system for U.S. seafood receivers
and importers/re-exporters of toothfish species.2
The involvement of the United States in protecting the toothfish
species has become more intensive, which may be due either to
the fact the U.S. consumes 15-20% of the world market of toothfish
or to the extensive efforts by other participating countries
to halt the illegal trade, or both.
Australia is the most notable counterpart in the fight to stop
IUU catches of toothfish. Recently the Minister of Fisheries,
Forestry, and Conservation in Australia started the process
of scuttling a ship called the South Tomi after it was apprehended
with 100 tons of illegal fish on board. Although the new modifications
by the U.S. are not quite as severe as regulations in Australia,
they should help control IUU catches and promote the longevity
of toothfish.
ENDNOTES
1. CCAMLR, Catch Documentation Scheme for Dissostichus
spp., available at http://www.ccamlr.org/pu/e/cds/p1.htm (last
visited May 29, 2003).
2. All changes can be found at: National Oceanic
and Atmospheric Administration Rules and Regulations, 68 Fed.
Reg. 23,224 (May 1, 2003) (to be codified at 50 C.F.R. pt. 300)
