Frequent Questions: Billfish Conservation Act
The Billfish Conservation Act of 2012 was originally signed into law on October 5, 2012. An amendment to the Act was signed into law on August 2, 2018.
Does the Billfish Conservation Act prohibit the sale and possession of billfish of any kind in the United States, including in Puerto Rico and the U.S. Virgin Islands?
The BCA prohibits the sale of billfish and billfish products and having custody, control, or possession of billfish and billfish products for purposes of offering them for sale throughout the United States, unless the Section 4(c) exemption applies.
Individuals, including recreational fishermen may possess, but not sell billfish or billfish products or have custody, control, or possession for the purposes of offering them for sale. Possession of billfish is subject to any other requirements under existing state and federal regulations.
Can a billfish caught by a U.S. vessel and landed in Hawaii or the Pacific Insular Areas (as defined under the Magnuson-Stevens Act) be transported and sold on the mainland United States, Alaska, or U.S. Caribbean?
No, the 2018 amendment (adding “and retained”) to sec. 4(c)(1) of the Act clarifies that billfish are exempted from the sales prohibition only when they are landed and retained in Hawaii or the Pacific Insular Areas. Accordingly, such billfish may only be sold in the same location where landed or when legally transported to the other exempted location.
From where can U.S. seafood dealers buy and/or sell billfish?
U.S. seafood dealers on the U.S. mainland, in Alaska, and the U.S. Caribbean may no longer sell billfish or transport billfish caught in Hawaii or the Pacific Insular Areas for the purposes of sale.
Does the new amendment establish any restrictions on billfish that are caught by U.S. vessels and landed and retained in Hawaii or the Pacific Insular Areas and therefore within the exemption in section 4(c)(1)?
No, the Billfish Conservation Act amendment establishes no restrictions on the sale and possession of billfish caught by U.S. vessels and landed and retained in Hawaii or the Pacific Insular Areas.
Can I export billfish that is caught by U.S. vessels and landed in Hawaii or the Pacific Insular Areas to a foreign country?
No, billfish caught and landed by U.S. vessels must be sold and retained in Hawaii or the Pacific Insular Areas. Only foreign vessels landing in the Pacific Insular Areas are exempted from the prohibition and allowed to export to non-U.S. markets as provided under sec. 4(c)(2).
Can billfish landed by foreign vessels in the Pacific Insular Areas be sold?
Billfish lawfully landed by a foreign vessel in the Pacific Insular Areas may be sold as long as it is exported to non-U.S. markets or retained for local consumption, as provided under section 4(c)(2).
Can Pacific billfish that were on hand in cold storage in the United States, landed by U.S. vessels, and legally transported within the United States prior to the enactment of the amendment (August 2, 2018) be sold?
Billfish and billfish products that were landed by U.S. vessels and legally transported within the United States prior to August 2, 2018, may not be sold, offered for sale, or possessed for purposes of offering such products for sale, unless those products are exempt from the prohibition on the sale of billfish pursuant to section 4(c) of the Billfish Conservation Act.
Must dealers dispose of the stock in their freezers? Can they sell it within a certain period after the effective date? Can dealers donate billfish on hand to charity? What about billfish that were in transit within the United States on August 2, 2018?
Billfish and billfish products landed by U.S. vessels or legally transported within the United States prior to the passage of the amendment may be donated or destroyed, but may not be sold, unless products are exempt from the prohibition on the sale of billfish pursuant to section 4(c) of the Act.
Regarding billfish that were in transit from Hawaii or the Pacific Insular Areas on August 2, 2018, the prohibitions in the Act on sale and possession of billfish will not be applied retroactively; however, they do apply to actions (e.g., sales) that occur on or after August 2, 2018, regardless of when the fish was landed or transport began.
Are imports prohibited into the U.S. Caribbean?
The Billfish Conservation Act 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 (sec 4(a)). The prohibition applies to imports into the U.S. Caribbean.
Who can I contact with other questions about the Billfish Conservation Act?
For any other questions or concerns regarding the amended Billfish Conservation Act, please contact the NOAA Fisheries Pacific Islands Regional Office
Phone: (808) 725-5000
Email: piro.info@noaa.gov
Address:
1845 Wasp Boulevard
Building 176
Honolulu, HI 96818