CIT Says Import Ban on Mexican Fish Effective Immediately

The ban on fish and shellfish harvested in the Upper Gulf of California in Mexico near an endangered species of porpoise is "effective immediately," the Court of International Trade ruled Aug. 14. The administration had argued that the regulatory process to create a certificate of admissibility, which involves multiple entities within the federal government, could not be done immediately (see 1808080005). "The Court discerns no merit in the Government’s suggestion that the import ban is not effective immediately," CIT said. "The Court reiterates that it is effective immediately."

Chano, curvina, sierra and shrimp were already subject to a preliminary injunction due to the use of gillnets that can strangle or drown the nearly extinct vaquita porpoise (see 1807260039). The government had asked to limit the scope of the preliminary injunction -- carving out shrimp and chano, or golden croaker -- and had questioned whether it took effect immediately. The judge noted that gillnet fishing for curvina and sierra is legal, while fishing for shrimp and chano with gillnets inside the vaquita’s range is illegal but still occurring. But Judge Gary Katzmann dismissed the government's argument that the law the lawsuit draws on doesn't apply to the products of illegal fishing.