NOAA Fisheries Halts and Removes Illegal Tuna Imports From United States

NOAA Fisheries' Office of Law Enforcement conducted two multi-year investigations resulting in significant civil penalties and halting improperly labeled tuna from entering U.S. commerce. NOAA Fisheries Office of International Affairs, Trade, and Commerce's Tuna Tracking and Verification Program conducted retail market spot check audits. We identified two seafood importers suspected of importing tuna products into the United States from Mexico that were improperly labelled "dolphin safe." We found that Mexican purse seiners harvested yellowfin tuna in eastern tropical Pacific waters, packaged the tuna into cans and pouches, and improperly labeled it as a "dolphin safe" product.

During an 11-month period, a distribution company imported 74 shipments of canned and pouched tuna product, totaling 2.2 million pounds, improperly labeled with a "dolphin-safe" logo. While the investigation was ongoing, we intercepted another shipment of 46,080 improperly labeled tuna cans en route into U.S. commerce and returned it to Mexico. The importers cooperated with the investigation, pulled the product from retail, and donated it to a non-profit dedicated to fighting food insecurity. They agreed to create a new label, without a "dolphin-safe" logo, for all future shipments of tuna product destined for the United States.

The other investigation found a large nationwide retailer imported 29 shipments, totaling 1.2 million pounds, of improperly labeled yellowfin tuna products into the United States. The 1.2 million pounds of tuna product were not certified as dolphin safe, yet cans bore a logo indicating otherwise. After notification, the company removed the improperly labeled tuna product from retail sales and blocked point-of-sale transactions. They donated the tuna product, and sent all incoming shipments of the improperly labeled tuna back to Mexico. The retail company no longer sources tuna products from the supplier who was responsible for adding the improper "dolphin-safe" logo to their product. Additionally, the company has since enacted a more robust internal review process when importing seafood into the United States.

NOAA's Office of General Counsel Enforcement Section issued a combined total of $222,902 in civil penalties to the responsible importers.

A dolphin-safe label, such as the "Dolphin-Safe" official mark designated by the U.S. Department of Commerce, shows compliance with U.S. laws that protect dolphins during tuna fishing operations. Tuna products may be labeled or marked "dolphin-safe" in the United States so long as that tuna meets the conditions outlined in the Dolphin Protection Consumer Information Act . Our Tuna Tracking and Verification Program monitors imports of frozen and/or processed tuna and tuna products to ensure compliance with these regulations.

The "dolphin-safe" logo increases market appeal and provides assurances to consumers about the source of their seafood. Enforcing these labelling standards is an important part of our mission to:

• Ensure U.S. consumers have access to seafood harvested with minimal or no marine mammal bycatch
• Ensure a level playing field for domestic fisheries and suppliers
• Hold importers accountable for their product entering U.S. markets

We lead investigations and monitor seafood imports to ensure seafood is caught, imported, and distributed legally in the United States. "Having a presence at our borders and ports of entry is vital to ensuring seafood enters our country lawfully," said Paige Casey, acting assistant director, NOAA Fisheries Office of Law Enforcement, Southeast Division. "NOAA Fisheries routinely works with the U.S. Customs and Border Patrol and U.S. Fish and Wildlife Service to identify and prevent illegal and improperly labelled seafood from entering into commerce. When unlawful products do enter the stream of commerce, we rely on the investigative expertise of our agents to identify and halt further distribution."

U.S. seafood importers are responsible for ensuring their product is compliant with U.S. law and that they source from seafood suppliers accordingly. NOAA Fisheries' ability to prevent and investigate improperly labeled seafood is a testament to our cooperation between multiple programs and partners. We encourage anyone with knowledge of persons committing marine fishery violations to call the NOAA Enforcement Hotline at (800) 853-1964 .