Wild Caught Fish and US Regulatory Overview

The US Fishing Industry and Regulations:

All United States-based fishing in our oceans, seas, and the Gulf of Mexico are regulated by the National Oceanic and Atmospheric Administration (NOAA) in a branch of the NOAA called the fishery services or sometimes referred to as the National Marine Fisheries Services, founded in the 1970s. This organization determines how water wildlife will be harvested and managed. NOAA also has other branches including weather services and geological surveying services. The entire branch of NOAA reports through the Department of Commerce. NOAA has the coast guard at its disposal as the enforcement branch for its regulations.

A lesson hard learned in the early 1990s was when the Atlantic Northwest Cod industry collapsed, which left 35,000 fishermen from 400 coastal communities out of work¹. The ocean in that area had become bare because we allowed ourselves to gorge on big harvests. From the 1990s forward, Cod, which was a very common food fish, would have to be harvested from the Pacific Northeast, in much colder, more dangerous waters. To enhance sustainability and prevent fishing out the Pacific, like what occurred in the Atlantic Northwest wildlife populations, data was collected on total biomass and species life cycle to determine the total allowable catch and quotas for each quadrant of water. These quotas protected the harvest of various species by considering the ratio of fish that could be safely harvested while still maintaining the biomass each year. This allowed the harvested species to naturally replenish itself each year and provided a stable biomass for future years.

Because of these regulations, there are a limited number of tons of fish available for harvest from a given area. Locally collected fish are important for their freshness, useability, and shelf life. Fish products that cannot be frozen and transported via sailing vessels become very expensive, like your market price dinner menu item. Regulations about the authority, management, and vessel codes can be found in 50 CFR 1-699.

Most people don’t know that inspection occurs aboard fishing vessels. Inspections aboard fishing vessels are done by a group called “Observers.” These are inspectors that live aboard a ship, making sure that records are maintained, only permitted species are collected, data and bio-catch numbers are recorded, and bad activity is reported. Examples of bad activity might include spills, illegal dumping, and illegal marine mammal collecting. Observers are required and codified in the Code of Federal Register (CFR) in title 50 CFR 679.50 and forward. There are various endorsements an observer can have that are specific to the type of species fished and the manner, or type, of fishing done. All fishing is not created equally and being an observer was my first job coming out of college. I was a domestic observer with groundfish, crab, salmon, and halibut endorsements. I could work on trawlers, longliners, pot boats, tenders, and at sea and shoreside processors. I can tell you firsthand that the training to work on a fishing vessel is no joke; besides learning maritime regulations, we were also trained in navigation (to get the correct quadrant of water), radio/radar/loran use, fish speciation, and cold water or water survival. We were sent with about 150 lbs. of government gear which included scales, measurement guides, boards that could be marked on wet, sample collection materials (vials, cups, buffer), and, lastly, water survival gear. Observers could be stationed full-time or part-time, depending on the fishing group’s quota, size of ship, season, and type of fish being harvested.

Observers’ main responsibilities included:

• Ensuring the legal harvest of fish
• Ensuring the type of fish is in approved waters for that season of fish.
• Ensuring that the fish harvested is not putrid, diseased, or ridden with pests.
• Ensuring that storage of fish during transport or 1^st processing was conducted utilizing Good Aquaculture Practices
• Ensured that records were maintained in accordance with code

FDA and Fish Products:

The FDA is responsible for regulating food fish and food fish products. Food Fish must follow the same regulation as other food under the FDA’s jurisdiction. Processors of food fish must have fully implemented Hazard Analysis Critical Control Point (HACCP) or Hazard Analysis and Risk-Based Preventative Controls (HARPc) plans. Whether a floating factory or a shoreside processor, Good Manufacturing Practices (GMPs) must be maintained either under 21 CFR Part 110 or 117, as fish and fish products are subjected to the Food Safety Modernization Act (2015). Since fish live in water, which can carry contaminants, special precautions must be taken to ensure fish-specific hazards are addressed. Below is a short list of applicable regulations:

• Food Safety Modernization Act – 2015
• GMP’s Part 110 or 117
• 21 CFR 123 – Fish and Fishery Products
• Marine Mammal Protection Act
• Must have FDA registration number.
• Must address known hazards to fish.

Once fish products are aboard a floating factory or within a shoreside factory, inspections by FDA inspectors will occur like any other food facility but may only happen every 3-5 years. Factories sell under the specifications their customers want. It is always beneficial to have good partnerships with suppliers and visit their processing facilities when possible.

USDA and Fish Products

• Currently, the USDA only inspects and regulates Siluriformes. The Siluriformes family includes various varieties of Catfish, Bullhead, and Yellowtail fish among others. 

Fish from around the world

It is important to note that commercial fish harvesting is conducted worldwide, and hundreds of countries export fish products. Fish and crustacean species are all regional, as they need a given type of water salinity, temperature, and food source to grow and proliferate. Regulations from these countries can be sparse and may not have governing regulations or may have less than ideal regulations around their harvests. Likewise, international water does not have a formal “one” regulatory body and it is up to the importing country as to whether they accept the incoming marine products.

Differing waters may have different pollutant concerns. In each type of fish product, it is important that the buyer understands what pollutants may be of concern and require testing of these products for any pollutants.

Farm Raised Fish in the US

Farm-raised fish in the US gives us the advantage of controlled growth, controlled harvest, and water control against pollutants, and is more sustainable. Farm-raised fish are subject to the same regulation as shoreside processors as well as some of the reporting metrics in the fish and fish products code of federal regulation.

Often these facilities are better maintained from a food safety and GMP standpoint, and they pay particular attention to ensuring that there are no pollutants found in their water tanks. Captive-raised fish may be fed a better diet than they might naturally find in the wild, and probably most importantly, they often can utilize the by-products of fish processing thus making the practice more sustainable.

Various 3^rd Party Coalitions

Just like with other protein sources, 3^rd party groups have been formed to help provide assurance or give additional credence to various marine harvest practices. Each organization has different objectives, just like within the livestock industry. Guidance and standards have been developed for each catcher’s or processor’s participation in various 3^rd party validations.

Some of these programs include:

• Good Aquaculture Practices Guide
• Marine Stewardship Council (MSC)
• Sustainable Fisheries Partnership
• International Seafood Sustainability Foundation
• Marine Conservation Alliance
• Earth Island Institute (Dolphin Safe / Dolphin Friendly)

Key Take Aways

• Fish and Fish Products have been regulated in the US as early as the 1970s
• Fishing is regulated by various authorities in the US including the FDA, USDA, and Department of Commerce (NOAA/NMFS)
• Regulations are regional and species-specific for commonly commercialized fish.
• Know the sources of your suppliers and understand that various countries have different regulations regarding fish.
• Different countries have different concerns about pollution and may not manage the fishing harvest. This can cause a given species to be fished out or may become extinct in a region.

Resources

1. Collaspe of the Northwest Cod Fishery. (n.d.). Wikipedia.

Next Time: Lost Knowledge; How the Food Industry can be its worst enemy.

 

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About the Author

August Konie has been a Food Safety, Quality and Regulatory Professional for over 30 Years. He was worked in many sectors of the food industry including fisheries, beverages, poutlry, pork and pet food, under both FDA and USDA regulatory oversight. As an active committee member in various trade organization for food and pet food organizations, he was successful of implementing new regulatory guidance. He has worked with various teams across Asian, Europe, North and South American on various food safety, quality and import/export concerns. He currently serves as the Principal of BSM Assurance overseeing FSQAR activities at BSM Partners.