Requested Documents Not Part of Record, DOJ Says in Sea Bass Import Case

The Court of International Trade should reject a request by importer Southern Cross Seafood to supplement the record in a case over the denial of an import application for Chilean sea bass (Patagonian Toothfish) because the documents sought are not part of that record, DOJ and the National Marine Fisheries Service said July 24 (Southern Cross Seafoods v. U.S., CIT # 22-00299).

The case stems from the NMFS's denial of Southern Cross's preapproval application seeking to import toothfish. Southern Cross asked the court to supplement the record with papers cited in its preapproval application denial; information showing how the NMFS obtained outside legal opinions; communications relating to the NMFS decision to prohibit importation of fish caught in a certain subarea; communications between the State Department, the NMFS, and other CCAMLR member Commissioners; along with exchanges between the State Department and other delegations or NGOs. Southern Cross argued the requested documents “were directly or indirectly referenced by documents already included in the administrative record, demonstrating that they were considered directly or indirectly by the NMFS in its decision.”

DOJ said that the argument "lacks any logical basis or legal support" and could result in an "absurd situation" wherein the record could never be considered complete. DOJ also said there is no reasonable basis to conclude that any of the requested documents were considered by NMFS in reaching its decision.