Notice2025-16776
Implementation of Fish and Fish Product Import Provisions of the Marine Mammal Protection Act-Notification of Comparability Findings and Implementation of Import Restrictions; Certification of Admissibility for Certain Fish Products
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Published
September 2, 2025
Effective
December 31, 2029
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Under the authority of the Marine Mammal Protection Act (MMPA), the NMFS Assistant Administrator for Fisheries (Assistant Administrator) announces comparability finding determinations for all fisheries on the List of Foreign Fisheries (LOFF) for harvesting nations that export fish and fish products to the United States. Nations whose fisheries were denied comparability findings will be prohibited from importing fish and fish products from those fisheries into the United States beginning January 1, 2026. Until such time as the import restrictions imposed by this action are lifted or revised, trade restrictions on these products associated with the fisheries for which a comparability finding has been denied will continue and Certification of Admissibility will be required.
Full Text
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<title>Federal Register, Volume 90 Issue 167 (Tuesday, September 2, 2025)</title>
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[Federal Register Volume 90, Number 167 (Tuesday, September 2, 2025)]
[Notices]
[Pages 42395-42398]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16776]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF163]
Implementation of Fish and Fish Product Import Provisions of the
Marine Mammal Protection Act--Notification of Comparability Findings
and Implementation of Import Restrictions; Certification of
Admissibility for Certain Fish Products
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of comparability findings and implementation and
continuation of trade restrictions for certain fish and fish products.
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SUMMARY: Under the authority of the Marine Mammal Protection Act
(MMPA), the NMFS Assistant Administrator for Fisheries (Assistant
Administrator) announces comparability finding determinations for all
fisheries on the List of Foreign Fisheries (LOFF) for harvesting
nations that export fish and fish products to the United States.
Nations whose fisheries were denied comparability findings will be
prohibited from importing fish and fish products from those fisheries
into the United States beginning January 1, 2026. Until such time as
the import restrictions imposed by this action are lifted or revised,
trade restrictions on these products associated with the fisheries for
which a comparability finding has been denied will continue and
Certification of Admissibility will be required.
DATES: Comparability findings announced in this notice and compliance
with the import restrictions and Certification of Admissibility
requirements described in this notice
[[Page 42396]]
are required beginning January 1, 2026, and will remain in effect until
December 31, 2029, or for such other period as NMFS may specify.
FOR FURTHER INFORMATION CONTACT: Kellie Foster-Taylor; Office of
International Affairs, Trade, and Commerce, NMFS, <a href="/cdn-cgi/l/email-protection#066b6b7667286a696060466869676728616970"><span class="__cf_email__" data-cfemail="54393924357a383b3232143a3b35357a333b22">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The MMPA requires the United States to ban the importation of
commercial fish or products from fish that have been caught with
commercial fishing technology which results in the incidental kill or
incidental serious injury of ocean mammals in excess of U.S. standards
(16 U.S.C. 1371(a)(2)). For the purposes of applying this import ban,
the Secretary of Commerce shall insist on reasonable proof from the
government of any nation from which fish or fish products will be
exported to the United States of the effects on ocean mammals of the
commercial fishing technology in use for such fish or fish products
exported from such nation to the United States. (16 U.S.C.
1371(a)(2)(A)).
In August 2016, NMFS published a final rule (81 FR 54390; August
15, 2016) (Final Rule) implementing the fish and fish product import
provisions in section 1371(a)(2) of the MMPA. The Final Rule
established a process to evaluate a harvesting nation's regulatory
program concerning the incidental and intentional mortality and serious
injury of marine mammals in fisheries operated by nations that export
fish and fish products to the United States. Under the Final Rule, fish
or fish products may not be imported into the United States from
commercial fishing operations that result in the incidental mortality
or serious injury of marine mammals in excess of U.S. standards.
NMFS published a LOFF on October 8, 2020 (85 FR 63527), classifying
fisheries subject to the import requirements. The process to classify
fisheries on the LOFF follows the classifications for U.S. domestic
fisheries (List of Fisheries) based on the likelihood of marine mammal
bycatch during commercial fishing operations. Foreign commercial
fishing operations were classified as either ``Exempt'' or ``Export''
based on their likelihood of marine mammal interactions. Exempt
fisheries are fisheries that have no known, or a remote likelihood of
marine mammal bycatch. Export fisheries are those fisheries with more
than a remote likelihood of marine mammal bycatch or insufficient
information available on marine mammal interactions. Exempt fisheries
are considered to be the functional equivalent to Category III
fisheries under the U.S. regulatory program, while Export fisheries are
considered to be the functional equivalent to Category I and II
fisheries combined under the U.S. domestic List of Fisheries.
The Final Rule established a five-year exemption period before
imports would be subject to any trade restrictions (see 50 CFR
216.24(h)(2)(ii)); however, NMFS extended the exemption period and the
date by which comparability findings applications were due three times.
The exemption period ends on December 31, 2025.
The MMPA does not define ``U.S. standards'' or identify specific
measures that NMFS must consider in the context of evaluating a foreign
nation's commercial fishing operations pursuant to 16 U.S.C.
1371(a)(2). NMFS explained in the Final Rule that it did not intend to
regulate marine mammals within a harvesting nation's coastal waters;
instead, NMFS will evaluate whether a harvesting nation that seeks to
export fish and fish products to the United States maintains a
regulatory program that is ``comparable in effectiveness'' (not
identical), to the U.S. regulatory program, meaning that the regulatory
program effectively achieves comparable results to the U.S. regulatory
program. Pursuant to this approach, NMFS determined that, for purposes
of implementing section 1371(a)(2), ``U.S. standards'' were those set
out for domestic fisheries under sections 1386 and 1387 of the MMPA.
The MMPA also states that the Secretary shall insist on reasonable
proof from the government of any nation from which fish or fish
products will be exported to the United States of the effects on ocean
mammals of the commercial fishing technology in use for such fish or
fish products exported from such nation to the United States (16 U.S.C.
1372(a)(2)(A)). As the term ``reasonable proof'' is not defined by the
MMPA, NMFS explained in the Final Rule that harvesting nations will be
required to include in their application documentary evidence of
sufficient detail, quality, and reliability for NMFS to fully evaluate
the regulatory program for a given Export fishery, and determinations
will be made based on the best scientific information available. NMFS
also stated that it would take into consideration the uncertainty of
any scientific information provided by a harvesting nation or that is
otherwise readily available. To that end, foreign nations were required
to provide the following information in their comparability findings
applications for all of their fisheries on the LOFF: (1) target
species; (2) gear types; (3) area of fishing operations; (4) existing
fisheries; (5) lists of all marine mammals in the nations' waters that
overlap with its fisheries, including stock abundance estimates, recent
and planned abundance survey dates and bycatch limits; (6) timing of
the fishery(ies); (7) annual mortality rates of marine mammal
interactions in fisheries that export fish and fish products to the
United States; (8) marine mammal monitoring programs; (9) bycatch
reduction measures; and (10) copies of relevant laws, decrees, and
implementing regulations or measures related to commercial fisheries
and marine mammal interactions. NMFS supplemented the information
provided in the harvesting nations' applications with any readily
available information. NMFS has, since enacting the Final Rule, also
coordinated closely with the harvesting nations, the U.S. Department of
State, the Office of the U.S. Trade Representative, the U.S. Department
of Homeland Security, and other experts to gather as much information
as possible to make informed decisions about whether a harvesting
nation's fisheries would qualify for a comparability finding.
Approach to Evaluating Nation's Comparability Finding Applications
The current action is the first time that NMFS has evaluated and
issued final comparability findings for all harvesting nations and
fisheries seeking to export fish and fish products to the United States
(135 nations covering approximately 2,500 fisheries). NMFS's Final Rule
and the implementation of the import provisions program under 16 U.S.C.
1371(a)(2) was designed to be an iterative process based on the fact
that harvesting nations would be at different stages in their efforts
to regulate commercial fisheries interactions with marine mammals and
would need time and support to build capacity. In addition, NMFS
expected that the quality and quantity of data about the harvesting
nations' efforts would vary considerably. These factors led NMFS to
concentrate its efforts on this initial set of findings on developing a
baseline of knowledge for all nations identified on the LOFF.
To achieve consistency across the array of nations and fisheries
that NMFS had to consider, NMFS created a standardized decision-making
process based on the Final Rule. The U.S. domestic regulatory program
prioritizes action based on the risks presented to marine mammals by
different fisheries.
[[Page 42397]]
The MMPA establishes a process for prioritizing the development and
implementation of regulations to address marine mammal incidental
mortality and serious injury in those fisheries that carry specific
risks to strategic stocks that interact with Category I or II fisheries
(comparable to Export fisheries under the Final Rule). Accordingly,
NMFS developed a step-wise process designed to review the harvesting
nations' regulatory programs under a prioritization approach comparable
to the U.S. regulatory program.
Under this prioritization approach, the harvesting nation was
required to demonstrate for both Export and Exempt fisheries either
that it prohibited the intentional mortality and serious injury of
marine mammals in the course of commercial fishing operations or that
it had procedures to reliably certify that exports of fish and fish
products to the United States are not the product of an intentional
killing of or serious injury to a marine mammal. The intentional
killing prohibition provision was a threshold issue; failure to
demonstrate a prohibition, or alternative measures such as licensing
conditions that in their totality served as a prohibition, resulted in
a denial of a comparability finding. For Export fisheries, which have a
greater inherent risk of marine mammal interaction, the harvesting
nation was also required to demonstrate that it maintained a regulatory
program that is comparable in effectiveness to the U.S. regulatory
program (see 50 CFR 216.24(h)(6)(iii)(B)). In significant part, a
harvesting nation's regulatory program was reviewed largely based on
the relative risk of entanglement or capture presented to marine
mammals by operation of the Export fisheries. NMFS focused heavily on
the type of gear used in the fisheries and the status of the
potentially affected marine mammal species/stock. For example, NMFS was
especially concerned with fisheries that (i) use high-risk gear (e.g.,
gillnets); (ii) lack mitigation measures; and (iii) overlap with marine
mammal stocks or species that have a level of incidental mortality and
serious injury that exceeds the potential biological removal level,
have small population sizes, and/or are declining most rapidly (see 16
U.S.C. 1387(f)(3)). During its review, NMFS considered all marine
mammals that nations included in their applications as well as any
additional marine mammals for which NMFS had readily available
information or scientific expertise to indicate that those additional
stocks or species occurred in the nations' waters. NMFS based the
ultimate determinations on the available data, the differences among
harvesting nations' regulatory programs, the resources at their
disposal, and the specific facts and circumstances surrounding their
Export fisheries. During its review, NMFS considered all marine mammals
that the nations included in their applications as well as any
additional marine mammals for which NMFS had readily available
information or scientific expertise to indicate that those additional
stocks or species occurred in the nations' waters.
In sum, NMFS applied a framework based on the Final Rule to
determine whether the harvesting nations had laws, regulations, and
processes in place to prohibit intentional mortality and serious
injury, as well as address incidental mortality and serious injury of
marine mammals in the course of their commercial fisheries operations,
and whether their regulatory programs were comparable in effectiveness
to the U.S. regulatory program.
Comparability Finding Determinations
A comparability finding means the harvesting nations' Export and/or
Exempt fisheries meet the applicable conditions specified in the Final
Rule. Comparability findings are fishery-specific, not nation-specific,
so nations receiving denials for some, but not all of their fisheries,
will be able to continue exporting fish or fish products to the United
States from any fishery that receives a comparability finding.
Effective January 1, 2026, fish and fish products from Export and
Exempt fisheries identified by the Assistant Administrator in the LOFF
may only be imported into the United States if the harvesting nation
has applied for and received a comparability finding from NMFS. In
total, NMFS evaluated 135 nations and approximately 2,500 fisheries. As
a part of the comparability finding process set forth in 50 CFR
216.24(h)(6) and 50 CFR 216.24(h)(7), the Assistant Administrator has
made determinations as listed below. NMFS is directly notifying all
harvesting nations of the comparability finding determinations for
their fisheries on the LOFF. The list of nations, including the
individual fisheries receiving and not receiving comparability
findings, as well as NMFS' Decision Memo and Final Comparability
Finding Application Reports can be found at: <a href="https://www.fisheries.noaa.gov/international-affairs/2025-marine-mammal-protection-act-comparability-finding-determinations">https://www.fisheries.noaa.gov/international-affairs/2025-marine-mammal-protection-act-comparability-finding-determinations</a>.
Nations Receiving Comparability Findings for All Fisheries on the LOFF
Based on NMFS' analysis, the following 89 nations have been issued
comparability findings for all of their Export and Exempt fisheries on
the LOFF: Albania, Antigua and Barbuda, Argentina, Australia, The
Bahamas, Bahrain, Barbados, Belgium, Belize, Bermuda, Brunei, Bulgaria,
Cambodia, Canada, Cape Verde, Cook Islands, Costa Rica, C[ocirc]te
d'Ivoire (Ivory Coast), Croatia, Cyprus, Denmark, Dominican Republic,
Egypt, Estonia, Falkland Islands, Faroe Islands, Federated States of
Micronesia, Fiji, Finland, France, France--St. Pierre et Miquelon,
French Polynesia, French Southern and Antarctic Lands, Georgia,
Germany, Greece, Greenland, Guatemala, Guyana, Honduras, Hong Kong,
Iceland, India, Israel, Italy, Jamaica, Japan, Kiribati, Latvia,
Lithuania, Maldives, Malta, Marshall Islands, Mauritius, Morocco,
Nauru, The Netherlands, New Zealand, Nicaragua, Norway, Pakistan,
Palau, Panama, Papua New Guinea, Poland, Portugal, Saint Helena/Tristan
da Cunha (UK), Saint Vincent and the Grenadines, Samoa, Seychelles,
Sierra Leone, Singapore, Slovenia, Solomon Islands, South Africa,
Spain, Sweden, Tanzania, Thailand, Tonga, Trinidad and Tobago, Tunisia,
Turks and Caicos, Tuvalu, Ukraine, United Kingdom, Uruguay, Vanuatu,
and Yemen.
Nations Receiving Comparability Findings for a Subset of Their
Fisheries on the LOFF
Based on NMFS analysis, the following 34 nations have been issued
comparability findings for some but not all of their Export fisheries
on the LOFF: Bangladesh, Brazil, Cameroon, Chile, China, Colombia,
Ecuador, El Salvador, Ghana, Indonesia, Ireland, Kenya, Liberia,
Madagascar, Malaysia, Mauritania, Mexico, Mozambique, Myanmar (Burma),
Nigeria, Oman, Peru, Philippines, Republic of Korea, Saint Kitts and
Nevis, Saudi Arabia, Senegal, Somalia, Sri Lanka, Suriname, Taiwan,
T[uuml]rkiye, United Arab Emirates, and Vietnam.
Nations That Failed To Obtain Comparability Findings for All Export and
Exempt Fisheries
Based on NMFS analysis, the following eight nations were denied
comparability findings for all of their fisheries on the LOFF: The
Gambia, Grenada, Guinea, Namibia, New Caledonia, Russia, Saint Lucia,
and Togo.
[[Page 42398]]
Nations That Did Not Submit a Comparability Finding Application and
Therefore Failed To Obtain Comparability Findings for All Export and
Exempt Fisheries
The following nations have fisheries on the LOFF but did not submit
a comparability finding application and so are denied comparability
findings for all of their fisheries on the LOFF: Benin, Haiti, Iran,
and Venezuela.
Discretionary Review of Comparability Findings
In accordance with 50 CFR 216.24(h)(8)(vii), a comparability
finding will be terminated or revoked if the Assistant Administrator
determines that the requirements of 50 CFR 216.24(h)(6) are no longer
being met. If a nation is denied a comparability finding for its
fisheries, it may reapply for a comparability finding for the affected
fisheries at any time after January 1, 2026.
List of Foreign Fisheries
As part of their applications for comparability findings, nations
updated their 2020 Lists of Foreign Fisheries to accurately reflect
their current harvesting fisheries. A copy of the LOFF reflecting these
changes by nations is published on NMFS' website at <a href="https://www.fisheries.noaa.gov/international-affairs/2025-marine-mammal-protection-act-comparability-finding-determinations">https://www.fisheries.noaa.gov/international-affairs/2025-marine-mammal-protection-act-comparability-finding-determinations</a>, along with a
change report showing fisheries that were added, deleted, or switched
since the 2020 LOFF. NMFS based its Comparability Finding
determinations on the most current version of the (LOFF), as
supplemented by information received from individual harvesting nations
during the comparability finding application process and subsequent
communications.
Imposition of Import Restrictions
With respect to a harvesting nation for which the Assistant
Administrator has denied or terminated a comparability finding for a
fishery, the Assistant Administrator, in cooperation with the
Secretaries of the Treasury and Homeland Security, shall identify and
prohibit the importation of fish and fish products into the United
States from the harvesting nation caught or harvested in that fishery
from the harvesting nation caught or harvested in that fishery. The
Harmonized Tariff Schedule (HTS) codes associated with the prohibited
fish and fish products are published here: <a href="https://www.fisheries.noaa.gov/resource/outreach-materials/harmonized-tariff-codes-marine-mammal-protection-act-import">https://www.fisheries.noaa.gov/resource/outreach-materials/harmonized-tariff-codes-marine-mammal-protection-act-import</a>.
This list includes those non-specific HTS codes necessary to
encompass the range of probable codes used for products subject to
trade restriction. All other fish and fish products not within the
scope of the import restrictions and imported under the HTS codes
associated with the prohibited fish and fish products must be
accompanied by a Certification of Admissibility in accordance with the
provisions of 50 CFR 216.24(h)(9).
The HTS codes applicable to the products subject to the
requirements of this import restriction may be revised from time to
time due to updates to the HTS by the International Trade Commission.
Any such changes will be notified to the trade community in accordance
with U.S. Custom and Border Protection's (CBP) notification procedures.
In addition, NMFS and CBP will monitor operations of the trade
restriction and the certification requirement to determine if the list
of affected HTS codes can be adjusted to further minimize disruption to
trade while maintaining compliance with the MMPA import provisions.
Importers are advised to determine if other NMFS program
requirements (e.g., Tuna Tracking and Verification Program, Seafood
Import Monitoring Program) or other agency requirements (e.g., Fish and
Wildlife Service, State Department, Food and Drug Administration) have
Automated Commercial Environment (ACE) data reporting requirements
applicable to the HTS codes identified as subject to certification
under the MMPA import provisions. In such cases, the other reporting
requirements still pertain, in addition to the Certification of
Admissibility requirements imposed. The Certification of Admissibility
is an information collection subject to the requirements of the
Paperwork Reduction Act and has been approved by the Office of
Management and Budget under control number 0648-0651.
Previous Comparability Findings and Current Import Restrictions
In 2019, NMFS revoked the comparability findings for several
Mexican gillnet fisheries within the range of the vaquita in the Upper
Gulf of California. This specific fishing area refers to a line NMFS
designated across the Gulf of California to differentiate the Upper
Gulf from the Lower Gulf, noting that fisheries operating in the Lower
Gulf were not subject to that import ban. For the purposes of the
import restrictions for Mexican fisheries operating in the Upper Gulf
of California, this area is defined as waters north of a straight line
connecting Puertecitos Pier (30.344825, -114.636688) and Faro de Puerto
Lobos (30.268379, -112.863984).
The vaquita is a species of porpoise found in the northern part of
the Gulf of California that is on the brink of extinction. The decision
was based on the Government of Mexico's failure to demonstrate that it
has implemented and enforced a regulatory program, comparable in
effectiveness to that of the United States, to govern vaquita-safe
commercial fisheries operating in the Upper Gulf of California. Current
trade restrictions for these fisheries will remain in effect until such
time as the Government of Mexico demonstrates that actions to meet the
conditions for comparability findings are implemented and enforced for
the denied fisheries. Until such time as the import restrictions
imposed by this action are lifted or revised, Certification of
Admissibility will be required. More information for importers for fish
and fish products from Mexico can be found at: <a href="https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-prohibitions-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-prohibitions-under-marine-mammal-protection-act</a>.
Dated: August 28, 2025.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2025-16776 Filed 8-29-25; 8:45 am]
BILLING CODE 3510-22-P
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