The Billfish Conservation Act (BCA) of 2012, signed into law by President Obama on October 5, 2012, is on the verge of a very important decision by the National Marine Fisheries Service (NMFS); which must determine if and how they can implement and enforce the legislation. NMFS is even asking the public for comments on whether or not they have the authority to implement trade restrictions or not-something that TBF finds very strange since the agency should know their jurisdictional limitations.

The language within the law states that the BCA prohibits any person from offering billfish or billfish products for sale, selling them, or having custody, control, or possession of them for purposes of offering them for sale. However, uncertainty was introduced when the language in the original BCA of 2011 was changed in the 2012 version to create exemptions for traditional fisheries in Hawaii and the Pacific Insular areas to continue to allow the sale and export of billfish. This means billfish could potentially be exported to the U.S. mainland from these areas. Additionally, the exemptions will also allow foreign vessels to land billfish in Hawaii and Pacific Insular areas and allow them to be retained or exported to other countries. Billfish landed by foreign vessels would not be allowed to be legally exported into the U.S. mainland, but implementation, compliance, and enforcement may be a great challenge for NMFS. 

Visit TBF'S Advocacy Center to read more on the issue, view TBF's formal comments, and submit your personal comments on this issue by clicking here. 

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