Fisheries Distribution Optimization Act

The Act on the Rationalization of Domestic Distribution of Certain Aquatic Animals and Plants, etc. (commonly known as the Aquatic Distribution Rationalization Act) is a law that was promulgated on December 2020, 12, and is scheduled to come into effect by 11.

Purpose of the Fisheries Distribution Optimization Act

This law has become an international issueIUU (illegal, unreported, unregulated) fishingThe law was formulated with the aim of excluding seafood caught through IUU fishing from the Japanese market. Japan is one of the world's three largest seafood consumer countries and regions, along with Europe and the United States, but because Europe and the United States already had legal restrictions in place to combat IUU fishing, there was a high risk that seafood caught through IUU fishing would end up in Japan, with nowhere to go.
IUU fishing is a breeding ground for the decline of fisheries resources and biodiversity, the obstruction of proper resource management, criminal activities such as human rights violations, and economic losses to fishermen, and it is believed that this law will play an important role in preventing and resolving these problems.

Cut off routes of inflow from both within and outside the country

This law establishes a regulatory framework that separates domestically produced and imported seafood.

1. Domestic seafood

In the framework that applies to domestically produced fishery products, fishermen apply to the Ministry of Agriculture, Forestry and Fisheries and receive a catch number, which is then transmitted to temporary buyers, processors, distributors, and retailers, and the companies that receive the number are required to record and preserve the transaction and purchase details. However, when selling to general consumers, there is no obligation to transmit the catch number or create transaction records. In addition, when exporting domestically caught fishery products to overseas markets, a certificate of legal catch, etc. must be attached.
The species subject to regulation are those that are at high risk of being caught illegally and excessively in Japan and are classified as "specific first-class aquatic plants and animals." As of September 2021, a proposal has been made for sea cucumbers, abalone, and glass eels (young eels), with restrictions on sea cucumbers and abalone scheduled to begin in December 9 and glass eels in December 2022*12.

2. Imported seafood

In the framework applied to imported fishery products, fishery products that are internationally identified as having a high possibility of IUU fishing are classified as "specified second type aquatic animals and plants," and when importing fish species that fall under this category, a certificate issued by a government agency of the exporting country is required. This certificate is also to be submitted to customs.
The proposal as of September 2021 covers saury, squid, mackerel, and sardines, with regulations scheduled to go into effect in December 9*2022.

Outline of the Act on the Proper Management of Domestic Distribution of Specified Marine Animals and Plants
https://www.jfa.maff.go.jp/j/kakou/attach/pdf/suisannryuutuutekiseika-3.pdfより引用

In Europe, where regulations were put into place earlier than in Japan, all seafood products imported into the region are required to be accompanied by a fishing certificate. In the United States, the system has been narrowed down to target species that are prone to IUU fishing and counterfeiting*2, but there are moves to expand it to include all imported seafood products. In Japan, a proposal has already been made to target all seafood species*3, and while the details and implementation methods are currently being considered, it will be interesting to see how companies related to the seafood supply chain will ultimately use this law to get involved in eliminating IUU products.

*1 Documents distributed by the Fisheries Agency at the 4th Fisheries Distribution Optimization System Review Committee
https://www.jfa.maff.go.jp/j/kakou/attach/pdf/tekiseika_kaigi-11.pdf

*2 Overview: U.S. Fisheries Import Monitoring System (NOAA Fisheries, 2017)
https://www.iuufishing.noaa.gov/Portals/33/SIMP.FactSheet.Japanese.pdf?ver=2017-10-19-165351-127

*3 Meeting with Minister of Agriculture, Forestry and Fisheries Nogami to eradicate IUU fishing through the Fisheries Distribution Optimization Act (IUU Fishing Countermeasures Forum news, August 2021, 8)https://iuuwatch.jp/news/news_20200810