December 2009 Edition

                                          What's Happening at the FCC

EU Catch Certificate

Shipments to the EU containing fish harvested in 2010 will need a DFO IUU Catch Certificate. DFO has established a Fisheries Certification System (FCS) to issue the required certificate. To get a certificate, you have to register in the system – http://64.26.156.98/FCSWEB.

Certificates will be issued beginning January 1, 2010. However, you must be registered in the system before you can get the certificate. In addition, any grouping of vessels, communities/ports, etc. must to be pre-approved by DFO. As such, if you will need a certificate in early January, register now. For assistance in registering, contact DFO’s Catch Certification Office at 1-888-641-6464 (toll-free within North America) or 613-998-8100 (outside North America).

Species–at–Risk Act (SARA)

The House of Commons Environment and Sustainable Development Committee is reviewing Canada’s endangered species act. The Fisheries Council of Canada has submitted a document to the Committee noting the concerns of the commercial fishing industry along with recommendations. The main recommendations are:

• unlike other wild species, the conservation and protection of aquatic species and their habitat are protected by three Acts – the Fisheries Act, the Oceans Act, and SARA. There needs to be convergence of the 3 Acts in order to achieve SARA’s objectives in the most effective and efficient way.

• Parliament has provided DFO with the resources to arrive at science based decisions (i) to conserve and protect aquatic species and their habitat; (ii) the regulatory tools to support those decisions; and (iii) the resources to monitor and enforce the rules and regulations.

• with respect to species assessments, there is a gap between the methodologies used by COSEWIC (SARA’s science body) and those used by DFO. Further work is needed to align the assessment processes to place them on common footing. Included in this work there is a need to establish a de-listing protocol for aquatic species.

• It is critical that (i) the fishing industry has an opportunity to be consulted on proposed listing decisions ;( ii) the consequences of listing are determined; and (iii) alternative measures are evaluated before a decision is made. This process needs reasonable time.

• the ability to sell a listed species caught as an authorized by-catch under a recovery strategy should be allowed in certain circumstances;

• work is needed to develop guidelines and criteria for identifying critical habitat for aquatic species.

DFO has taken a first step in responding to the FCC document by forming a DFO/FCC informal SARA working group which will have its first meeting in mid-January.

Japan – Lobster Tomalley

After considerable negotiations over the last year, Canada and Japan have agreed to a testing/tracing protocol to allow Canadian lobster products containing tomalley to enter Japan without testing in Japan. Canadian companies that implement the conditions of the protocol will be placed on an approved exporters list. We had hoped that companies meeting the protocol requirement would get 6-month exemption export certificates. However, the agreement requires that each shipment be accompanied by a specific export certificate.

Scallops – Possible EU Export Opportunity

There is currently a dispute between the EU and USFDA regarding bivalve molluscs. The EU recognizes the FDA food safety regime for bivalve molluscs as equivalent to the EU’s regime. As such, US scallops and other bivalve molluscs products are allowed on the EU market. At the request of a French exporter the EU requested FDA to recognize the EU regime as equivalent to the US regime. FDA undertook a relatively quick review and decided not to recognize the EU regime as equivalent to the US regime. FDA claims the EU regime does not adequately address virus concerns. In response, the EU has advised the US that the EU will rescind the US equivalency rating on July 1, 2010 if the FDA does not change its position.

FDA has agreed to undertake a comprehensive evaluation of the EU regime (most likely to well document its position in the event the dispute becomes a WTO issue). It will be difficult for FDA to back down from its position as (i) they believe there is a significant viral health concern; and (ii) the President Obama will probably be signing a new, strengthened FDA food safety act in the first quarter of 2010. As such, it is now considered likely that US scallops will be ban from the EU come July 2010.

Ukraine

All informal contacts to the US and Canadian embassies in the Ukraine continue to advise that Order no.149, which will prohibit the import of meat products from facilities not inspected by Ukraine food safety officials, will be rescinded prior to January 10, 2010 – the date Order no. 149 is to become effective. It is uncertain whether seafood is considered a meat product in Order no.149.

Marine Engineers – Large Fishing Vessels

In view of the shortage of marine engineers to service large fishing vessels in Canada, FCC member associations -the Canadian Association of Prawn Producers, the Groundfish Enterprise Allocation Council, the Seafood Producers Association of Nova Scotia, the British Columbia Seafood Alliance – along with the FCC are working with Transport Canada, Human Resources and Social Development Canada (HRSDC), and Citizenship and Immigration Canada to develop a process wherein foreign qualified marine engineers can be hired by Canadian large fishing vessel operators and put to work quickly upon arrival in Canada. Transport Canada is aware of the problem and appears prepared to support the initiative. The next step is for HRSDC to undertake a survey to validate the shortage and reports presented by industry. The FFAW/CAW and Labour Departments of Nova Scotia and Newfoundland & Labrador have indicated their support for the initiative.

Bilateral Free Trade Negotiations

With the slow progress and lingering difficulties regarding the WTO Doha Round Trade Negotiations, Canada has been pursuing an aggressive strategy of bilateral free trade/economic association negotiations. The FCC has been involved and tracking the following negotiations – EU, EFTA (completed); Korea, CARICOM. Dominica Republic, Japan, and the Ukraine. Other negotiations include Columbia, Jordan, Panama, Central American Countries, Morocco, India, Trans-Pacific Partnership, and Brazil/Mercosur.

The Hottest US Menu Trends in 2010

The annual survey by the US National Restaurant Association of 1800 professional chefs on “What’s Hot in 2010” reports the following:

• the top five trends are: locally grown produce; locally sourced meats and seafood; sustainability, as a culinary theme; mini desserts; locally produced wine and beer.

• The following five are: nutritious kids’ meals; smaller portions for less price; farm-branded ingredients; gluten-free/food allergy conscious meals; and sustainable seafood.

• Other menu trends in the top 20 included organic produce; non-traditional fish (including barramundi and Artic char).