Significant Developments Influencing US Fisheries and Aquaculture

Marine aquaculture contributes to the supply of seafood in the United States, supports commercial fisheries, recovers habitat and at-risk species, and maintains economic viability.

FREMONT, CA: Climate change and environmental stewardship are reshaping the legal and regulatory landscape affecting the fisheries and aquaculture industries, and agencies and legislators are addressing these companies' difficulties and opportunities. These developing tendencies will greatly influence fishermen, seafood companies, fishing communities, and vessel owners. Eventually, sectors that rely on fisheries in any manner will be impacted. Stakeholders should continue to monitor such activities that could affect their short- and long-term objectives and operations.

The following is a detailed examination of some trends affecting the fishing and aquaculture industries.

Enforcement of Illegal, Unreported, and Unregulated Fishing

Illegal, unreported, and unregulated (IUU) fishing undermines national and international policies to manage ecosystems and ocean resources sustainably, harming the whole fishing industry. To address the threat of IUU fishing, Congress passed the 2020 Maritime Security and Fisheries Enforcement (SAFE) Act, which established an Interagency Working Group comprised of several member agencies, including the National Oceanic and Atmospheric Administration (NOAA), that play critical roles in eradicating IUU fishing.

Members of the Interagency Working Group have continued their cooperation enforcement efforts, as seen by the Coast Guard and Navy's continuance of the Ocean Maritime Security Initiative. Recently, the Department of Justice has pursued cases in coordination with other members of the Interagency Working Group.

Marketing Claims

Entities making environmental claims about their seafood or fishery product must ensure that their claims are truthful and backed up by data. The Federal Trade Commission's (FTC) Green Guides outline which claims are legitimate and which are not. For instance, the Green Guides warn that it is dishonest to claim, directly or indirectly, that a product provides a general environmental benefit. Thus, unsupported or unqualified assertions that development is

According to the 2021 Power of Meat study, one third of meat shoppers seek out items that address sustainability, animal welfare and social responsibility

"sustainable" or "eco-friendly" may raise red flags. The FTC has indicated its intention to conduct a review of the Green Guides in 2022, signaling an increased emphasis on environmental marketing claims. Entities should consult the Green Guides before making any specific ecological claim about a product, even more so after the Green Guides are updated in 2022.

Ocean Plastics

Ocean plastics have been highlighted in international and domestic fora since over 11 million metric tons of plastic enter the ocean each year. The Third United Nations Environment Assembly (UNEA-3) adopted a resolution on marine litter and microplastics in the ocean in December 2017. The resolution established an Ad Hoc Open-Ended Expert Group to consider possibilities for a legally enforceable worldwide system to reduce ocean plastic and litter. This and other activities have resulted in creating a new plastics treaty. In February 2021, the Fifth United Nations Environmental Assembly (UNEA-5) reiterated its commitment to green recovery, including marine litter and plastics, beginning with regional initiatives and requiring additional international collaboration to produce a comprehensive plastics convention. These activities include a focus on plastic waste generated during fishing operations. While the treaty on plastics has not yet been drafted—early discussions on a framework will begin soon—a significant portion of the conversation will almost certainly focus on combating ocean plastics and litter.

Congress enacted the Save Our Seas Act 2.0 (Act) on the domestic front with bipartisan support in December 2020. Not only does the Act require the US to collaborate on international agreements addressing marine debris, but it also provides grants to improve infrastructure for a more circular economy and initiates necessary research on microfibers, microplastics, plastic movement, circular polymer certification, marine debris technology, and fishing gear and vessel recycling. This research may contribute to creating future plastics policy standards and terminology. Notably, the Act's research requirements for derelict fishing gear and vessels seek to identify feasible recycling solutions for these objects, which can contribute to marine litter. The research could be used to develop future grants or financial incentives to encourage the collecting and recycling of decommissioned fishing gear and vessels.