October 14, 2025 — The following was released by the National Fisheries Institute:
The coalition that filed suit against NOAA on Thursday October 9, over the Marine Mammal Protection Act (MMPA), today asked the Court of International Trade for a preliminary injunction that would halt import prohibitions that will bar the entry of seafood products from 240 fisheries across 46 nations.
The plaintiffs in this suit continue to be concerned about unintended consequences of the “comparability findings” made by NOAA and the impact of its current application on U.S. businesses and hundreds of American jobs from Maryland and Virgina to North Carolina and Florida. The coalition has asked the court to require NOAA to reconsider its decision and to immediately lift the import ban in order to avoid devastating economic consequences to the seafood industry.
The filing notes that the National Marine Fisheries Service (NMFS) determinations exceed the agency’s statutory authority and violate its own regulations. The plaintiffs will suffer immediate and irreparable harm—including existential threats to their businesses which have no alternative sources of certain seafood if the foreign fisheries are closed.
“In so many cases with the implementation of this Act we’re not talking about ‘violations’ that put marine mammals at risk, we’re talking about box checking and regulatory equivalence rather than outcomes,” said NFI’s Chief Strategy Officer, Gavin Gibbons. “Meanwhile, in the case of Blue Swimming Crab there’s no domestic substitute that can feasibly replace the product. So, the consequence of failing to have a bureaucratic comparison is taking crab cakes off menus and putting Americans out of work. Is that what MMPA was designed to do?”
The request for a preliminary injunction presents evidence from Plaintiffs of serious concerns about imminent shutdowns, layoffs, stranded inventory, and breaches of supply contracts, in addition to financing risks.
The parties to this lawsuit are strong proponents of the Marine Mammal Protection Act (MMPA.) They do not oppose it. They support its goals and want to see it responsibly and sensibly applied.