Notice2026-09429
Implementation of Fish and Fish Product Import Provisions of the Marine Mammal Protection Action-Notification of Comparability Findings
Primary source
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Published
May 12, 2026
Effective
May 12, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Under the authority of the Marine Mammal Protection Act (MMPA), NMFS announces comparability finding determinations for the swimming crab fisheries of Vietnam, Indonesia, Sri Lanka, and the Philippines. NMFS bases the comparability findings on documentary evidence submitted by the governments of these countries and interested parties as well as other relevant, readily available information.
Full Text
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<title>Federal Register, Volume 91 Issue 91 (Tuesday, May 12, 2026)</title>
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[Federal Register Volume 91, Number 91 (Tuesday, May 12, 2026)]
[Notices]
[Pages 25867-25868]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09429]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF700]
Implementation of Fish and Fish Product Import Provisions of the
Marine Mammal Protection Action--Notification of Comparability Findings
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of comparability finding determinations for swimming
crab fisheries in Vietnam, Indonesia, Sri Lanka, and the Philippines.
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SUMMARY: Under the authority of the Marine Mammal Protection Act
(MMPA), NMFS announces comparability finding determinations for the
swimming crab fisheries of Vietnam, Indonesia, Sri Lanka, and the
Philippines. NMFS bases the comparability findings on documentary
evidence submitted by the governments of these countries and interested
parties as well as other relevant, readily available information.
DATES: These comparability findings are valid and in effect from May
12, 2026 through December 31, 2029, or for such other period as NMFS
may specify.
FOR FURTHER INFORMATION CONTACT: Mi Ae Kim, Office of International
Affairs, Trade, and Commerce, NMFS, 301-427-8365, <a href="/cdn-cgi/l/email-protection#d5b8b8a5b4fbb9bab3b395bbbab4b4fbb2baa3"><span class="__cf_email__" data-cfemail="90fdfde0f1befcfff6f6d0fefff1f1bef7ffe6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The MMPA requires the United States to ban
the importation of commercial fish or fish products 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)).
On September 2, 2025, NMFS announced its 2025 MMPA comparability
finding determinations for 135 nations covering approximately 2,500
fisheries seeking to export fish and fish products to the United States
(90 FR 42395). As part of its findings, NMFS concluded that the
swimming crab fisheries in Vietnam, Indonesia, Sri
[[Page 25868]]
Lanka, and the Philippines were not comparable in effectiveness to the
U.S. regulatory program and imposed an import ban on swimming crab fish
and fish products effective January 1, 2026. A lawsuit was filed by the
National Fisheries Institute and others challenging NMFS' findings. The
parties ultimately executed a settlement agreement and filed a joint
stipulation of dismissal, whereby NMFS agreed to consult with the
harvesting nations, permit them to provide additional information
related to the swimming crab fisheries subject to the lawsuit, review
any new information provided by the harvesting nations, and reconsider
its prior decisions and issue new comparability findings for the
harvesting nations' swimming crab fisheries on or before May 11, 2026.
(National Fisheries Institute et al. v. United States et al., Case No.
1:25-cv-00223).
NMFS consulted with Vietnam, Indonesia, Sri Lanka, and the
Philippines and permitted each nation to submit additional information
pertaining to the five swimming crab fisheries identified in the
National Fisheries Institute et al. v. NMFS et al. lawsuit. In some
cases, the harvesting nations provided more detailed descriptions of
information previously provided for the comparability finding
applications, or in other cases, they provided evidence indicating that
new laws, regulations, or initiatives related to the swimming crab
fisheries and marine mammal interactions were enacted after the
September 2025 comparability findings determinations. NMFS engaged
directly with each nation to request additional details and
clarification concerning the information provided. NMFS also received
information from industry associations and non-governmental
organizations and considered all of the information provided. NMFS also
conducted its own research to ensure it had the most recent and best
available data to inform its analyses.
NMFS took into account the four nations' current efforts and
programs to address the problem of marine mammal bycatch in their
respective swimming crab fisheries, the practical challenges of doing
so and any improvements they may have made to their regulatory programs
since the September 2025 denial of comparability findings.
Additionally, in January 2026, Vietnam divided Fishery ID 2988 into
four individual swimming crab fisheries based on target species and
gear type. The red and blue swimming crab fisheries, previously under
Fishery ID 2988 are now identified as: Fishery ID 13164 (blue swimming
crab, bottom gillnet gear); Fishery ID 13206 (blue swimming crab, pots/
traps gear); Fishery ID 13204 (red swimming crab, bottom gillnet gear);
and Fishery ID 13205 (red swimming crab, pots/traps gear).
NMFS has, based on its review of all of the available information,
determined that the swimming crab fisheries in Vietnam (Fishery IDs
13164, 13206, 13204, and 13205), Indonesia (Fishery ID 12391), and Sri
Lanka (Fishery ID 2705) are comparable in effectiveness to the U.S.
regulatory program, and determined that the swimming crab fisheries in
the Philippines (Fishery IDs 2129 and 2130) remain not comparable in
effectiveness to the U.S. regulatory program.
All of the other comparability finding determinations for Vietnam,
Indonesia, Sri Lanka, and Philippines identified in the September 2,
2025, Federal Register notification and accompanying reports for these
nations' fisheries are unaffected by NMFS' reconsideration of the
Export fisheries identified in this notification and remain valid.
NMFS announces the issuance of comparability findings, which allows
the continued importation into the United States of fish and fish
products harvested by swimming crab fisheries in Vietnam (Fishery IDs
13164, 13206, 13204, and 13205), Indonesia (Fishery ID 12391), and Sri
Lanka (Fishery ID 2705). Fish and fish products harvested in the
swimming crab fisheries in the Philippines (Fishery IDs 2129 and 2130)
may no longer be imported into the United States as of June 11, 2026.
A more detailed analysis of NMFS' comparability findings for the
swimming crab fisheries is contained in NMFS' Decision Memorandum dated
April 8, 2026. Links to the Decision Memorandum and detailed analysis
of NMFS' comparability findings for Vietnam, Indonesia, Sri Lanka, and
the Philippines 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>.
Dated: May 7, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2026-09429 Filed 5-11-26; 8:45 am]
BILLING CODE 3510-22-P
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