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Leveling the playing field for domestic and imported seafood

December 11, 2025 — In early September, NOAA Fisheries released lists of countries that complied with Marine Mammal Protection Act rules comparable to those that domestic fishermen are held to, and those that did not. Beginning on January 1, 2026, countries that did not make the cut will not be allowed to export some or all of their fisheries’ products to the U.S.

While the ban will affect many products, the big item of contention is crab, and on October 10, the National Fisheries Institute (NFI) announced that it, along with many crab processors, is suing NOAA to prevent the agency from stopping imports, particularly crab imports. The NFI and others claim that if they cannot get pasteurized crab from some of the countries on NOAA Fisheries’ List 2: Nations denied comparability findings for some fisheries or List 3: Nations denied comparability findings for all fisheries, then U.S. restaurants and markets will run out of crab cakes.

According to Tara Foreman, manager of her family’s crab picking business, Captain Neill’s Seafood, in Columbia, North Carolina, the market for fresh crab landed by U.S. fishermen won’t be affected if crab from places like the Philippines and Sri Lanka are blocked. “It’s Venezuela that will affect us,” says Foreman. “Because they’re so close, they export fresh crab to our market, and they’re going to be hitting it hard in the next couple of months. They just reopened their season and started fishing again, and they will try to get as much crab into the US as they can before these rules go into effect on January 1st.”

Foreman notes that as a result of Venezuelan crab pouring in, prices to U.S. fishermen will likely go down before they go up. But she notes that her markets are nervous and calling to confirm that they will be able to get crab. “They want to make sure of their supply,” she says. Foreman notes that Venezuela did not apply to NOAA for a comparability finding.

Read the full article at the National Fisherman

Congress tackles growing sea lion population in Columbia River

December 8, 2025 — The U.S. House of Representatives’ Committee on Natural Resources took on the Columbia River’s salmon-eating sea lion problem in a nearly 2½-hour hearing Wednesday.

After establishing the scale of the sea lion population explosion around the Pacific Northwest, the meeting looked at the effectiveness of legislative efforts to address the problem — mostly centering around killing them.

The killings had largely faded from controversy as other proposed solutions to salmon extinction have floundered, leaving sea lions as an obvious target. That culminated earlier this year when the federal permit that allows Northwest states and some Native nations to trap and kill sea lions in the Columbia River was reapproved without almost any opposition.

The reapproved permit allowed hundreds of sea lions that weren’t killed under a 2020 approval to be killed by 2030. During the hearing, Rep. Marie Gluesenkamp Perez, D-Skamania, questioned why more of the 716 that were initially approved to be killed had not been.

Read the full article at The Columbian

US Congress holds hearing on sea lion removals and salmon predation

December 4, 2025 — The U.S. House Water, Wildlife, and Fisheries Subcommittee held a hearing on sea lion predation on salmon and the effectiveness of killing the mammals to slow down the trend.

Under the Marine Mammal Protection Act (MMPA), sea lions skyrocketed from a population of roughly 10,000 in the 1950s to 250,000 today. That spike has been seen as a success story for the MMPA, but it’s also had a major impact on salmon populations, which are a key food source for pinnipeds. By traveling upriver to avoid their natural predators – orcas – sea lions are able to feast on already struggling salmon populations. Since 2002, California and Steller sea lions have eaten roughly 98,000 salmon at just two sites: Bonneville Dam and Willamette Falls, Oregon.

Read the full article at SeafoodSource

NFI, NOAA settle lawsuit over MMPA import restrictions; agency stays import ban of swimming crab

November 3, 2025 — The National Fisheries Institute and several seafood companies have settled their lawsuit against the National Marine Fisheries Service (NMFS) over its recent determinations on Marine Mammal Protection Act (MMPA) requirements.

NFI sued NMFS in early October over the agency’s decision to find most blue crab fisheries in major countries did not meet MMPA equivalency standards, a requirement for any country looking to export seafood products to the U.S. NMFS found 240 foreign fisheries did not comply with the regulations, which meant as of 1 January, 2026 products from those fisheries would be banned from entering the U.S. market.

Read the full article at SeafoodSource

Seafood coalition requests Court of International Trade to step in on NOAA’s MMPA findings

October 15, 2025 — The group of seafood companies and industry groups that sued NOAA over its determinations on Marine Mammal Protection Act (MMPA) requirements has also filed over the same issue with the Court of International Trade.

The group – which includes the National Fisheries Institute (NFI), several seafood companies, and the Restaurant Law Center – is asking the court for a preliminary injunction halting any import prohibitions resulting from NOAA’s MMPA decisions. NOAA found 240 foreign fisheries do not have equivalent regulations to U.S. fisheries regarding marine mammal protections, necessitating a ban on all seafood imports.

Read the full article at SeafoodSource

Seafood Coalition Seeks Preliminary Injunction to Halt Marine Mammal Protection Act Import Prohibition in New Court Filing

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.

Group of seafood companies, NFI sue NOAA over its marine mammal protection decision

October 11, 2025 — A coalition of seafood importers and industry groups such as the National Fisheries Institute (NFI) and the Restaurant Law Center have sued NOAA over its recent determinations on Marine Mammal Protection Act (MMPA) requirements.

NOAA recently determined 240 foreign fisheries do not comply with U.S. marine mammal regulations under the MMPA, finding they did not have sufficient protections in place for marine mammals. As a result of the ruling, those 240 fisheries from 46 different nations will be unable to export any products to the U.S. as of 1 January 2026, including 12 countries that lost access for every single one of its fisheries. Those countries included four which did not submit any applications – Benin, Haiti, Iran, and Venezuela – and eight which submitted applications but were denied – Grenada, Guinea, Namibia, New Caledonia, Russia, Saint Lucia, The Gambia, and Togo.

Read the full article at SeafoodSource

U.S. Whale Entanglements Are on the Rise, New Data Shows

October 3, 2025 — The number of large whales that became entangled in fishing gear along coasts in the United States rose sharply in 2024, according to new federal data.

The National Oceanic and Atmospheric Administration (NOAA) confirmed 95 whale entanglement cases in U.S. waters last year, a 48 percent increase from 2023, when the agency recorded 64 entanglements. The 2024 number is also significantly higher than the 17-year annual average of 71.4 entanglements.

NOAA shared the numbers in its latest annual report, which the agency is required to publish under the federal Marine Mammal Protection Act. Federal officials say they are still analyzing the data to understand “what factors contributed to the increase and whether this increase is temporary or part of a longer term trend,” according to a statement from NOAA.

Read the full article at Smithsonian Magazine

 

Western Pacific Council Pushes for Tougher Standards on Seafood Imports

September 23, 2025 — Western Pacific fishery managers are pressing federal regulators to crack down on seafood imports that don’t meet US standards for protecting marine mammals. 

At its meeting last week, the Western Pacific Regional Fishery Management Council urged NOAA to strengthen newly finalized Marine Mammal Protection Act Import Provisions, which were published earlier this month in the Federal Register. The Council called for stricter benchmarks when reviewing foreign fisheries and requested a transparent process that allows for public and stakeholder input. 

The import rules, first authorized in 1972 but only now being fully enforced, are meant to block seafood products from countries that fail to meet US requirements for reducing marine mammal bycatch, according to the Council. For the first time, NOAA has issued Comparability Findings that will ban imports from certain nations and fisheries starting Jan. 1, 2026 — affecting roughly 15% of U.S. seafood imports. 

Read the full article at SeafoodNews.com

NOAA Fisheries Bolsters American Seafood Industry with New Import Provisions

August 29, 2025 — The following was released by NOAA Fisheries:

On August 28, 2025, NOAA Fisheries announced robust comparability findings under Marine Mammal Protection Act (MMPA) import provisions, reinforcing America’s leadership in sustainable seafood production. The agency issued full comparability findings for 89 nations and partial comparability findings for 34 nations’ fisheries, and denied comparability for 12 nations’ fisheries. In total, fisheries from 46 nations now face stringent import restrictions, ensuring that seafood entering U.S. markets adhere to the same high standards as American-caught seafood.

The United States is a global leader in marine mammal conservation and sustainable fisheries, with American fishermen adhering to world-class conservation practices that minimize marine mammal bycatch. These import provisions align with President Trump’s executive order to restore American seafood competitiveness, protect American jobs, and ensure fair trade practices that prioritize the domestic market. By holding foreign fisheries to the same rigorous standards, NOAA Fisheries is safeguarding the integrity of American seafood while creating a level playing field for U.S. fishermen.

Importing Foreign Seafood

Starting January 1, 2026, fish and fish products from foreign fisheries on NOAA’s List of Foreign Fisheries without a comparability finding will be barred from U.S. markets. The list categorizes all foreign commercial fisheries that export to the United States as either:

  • Exempt: Minimal or no marine mammal bycatch
  • Export: Higher risk of marine mammal bycatch or insufficient data

“The import provisions guarantee that foreign fisheries meet the gold standard that is set by American fishermen,” said Eugenio Piñeiro Soler, acting assistant secretary of commerce for oceans and atmosphere and NOAA Fisheries assistant administrator. “This is a major win for American workers, consumers, and our marine ecosystems. By enforcing these standards, we’re protecting our domestic seafood industry and ensuring only safe, sustainable seafood reaches American tables.”

Prioritizing American Standards

Bycatch, the incidental capture of non-target species like marine mammals, remains a global challenge. American fishermen lead the world in bycatch mitigation, employing advanced technologies and practices. The MMPA import provisions extend these high standards to foreign fisheries, requiring them to demonstrate effective bycatch management in line with U.S. standards to access American markets. This ensures that American consumers enjoy seafood that is sustainably sourced, while supporting the livelihoods of U.S. fishermen.

What is a comparability finding?

A comparability finding is a determination by NOAA Fisheries that a foreign export or exempt fishery has met applicable conditions to ensure the safety of marine mammals during commercial fishing. To receive a comparability finding, a harvesting nation must demonstrate that it:

  1. Prohibits the intentional mortality or serious injury of marine mammals in the course of commercial fishing operations in the fishery; or
  2. Demonstrates that it has procedures to reliably certify that exports of fish and fish products to the United States are not the product of an intentional killing or serious injury of a marine mammal.

For export fisheries, foreign nations must also maintain a regulatory program for incidental mortality and serious injury of marine mammals that matches the effectiveness of U.S. regulations. Countries must reapply for a comparability finding every four years to maintain their eligibility to export to the United States. Fisheries that were initially denied a comparability finding may bring new or updated information and reapply for a comparability finding after January 1, 2026.

Boosting American Fisheries and Global Standards

NOAA Fisheries is committed to advancing global sustainability by collaborating with regional fishery management organizations and promoting safe fishing technologies worldwide. These actions promote the excellence of American commercial fisheries and standards across the globe. By enforcing these import restrictions, NOAA Fisheries is championing U.S. fishermen, ensuring fair competition, and delivering safe, high-quality seafood to American consumers.

Learn more about marine mammal bycatch criteria for U.S. imports.

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