SEAFOODNEWS.COM by John Sackton — August 11, 2015 — NOAA Fisheries has published a notice in the Federal Register today about rules for foreign seafood exporters regarding marine mammals.

Although there is a five year window for implementation, the new rules would require certification for any export fishery that interacts with marine mammals. Unless the foreign country had a program certified as effective by NMFS for reducing marine mammal bycatch mortality, exports from that fishery would be prohibited into the US.

The operation of the program appears similar to the Turtle Excluder Laws, which require tropical shrimp producing countries to certify the use of turtle excluders for wild shrimp, if they intend to export such shrimp to the US.

Over the years, exports have been suspended from some countries for failure to comply, with the most recent being Mexico whose wild shrimp exports were suspended for a year.

Fisheries that interact with marine mammals include yellowfin tuna in the Eastern Tropical Pacific, where dolphins are at risk, many longline fisheries that have marine mammal bycatch; large scale driftnet fisheries, and even potentially pot fisheries like lobster.

In the US, lobster gear has been modified to reduce whale interactions, and entanglement is recognized as the leading cause for marine mammal bycatch globally.

In order to export to the US, once the rule is fully in effect, a foreign country would have to meet the following qualifying conditions before a fishery that interacts with marine mammals could export to the US:

1. Marine mammal stock assessments that estimate population abundance for marine mammal stocks in waters under its jurisdiction that are incidentally killed or seriously injured in the export fishery;

2. An export fishery register containing a list of all vessels participating in an export fishery under the jurisdiction of the harvesting nation, including the number of vessels participating, information on gear type, target species, fishing season, and fishing area for each export fishery;

3. Regulatory requirements (e. g., including copies of relevant laws, decrees, and implementing regulations or measures) that include:

(a) A requirement for the owner or operator of vessels participating in the fishery to report all intentional and incidental mortality and injury of marine mammals in the course of commercial fishing operations; and

(b) A requirement to implement measures in export fisheries designed to reduce the total incidental mortality and serious injury of a marine mammal stock below the bycatch limit. Such measures may include: Bycatch reduction devices; incidental mortality and serious injury limits; careful release and safe-handling of marine mammals and gear removal; gear marking; bycatch avoidance gear (e. g., pingers) ; gear modifications or restrictions; or time- area closures.

4. Implementation of monitoring procedures in export fisheries designed to estimate incidental mortality and serious injury of marine mammals in each export fishery under its jurisdiction, as well as estimates of cumulative incidental mortality and serious injury for marine mammal stocks in waters under its jurisdiction that are incidentally killed or seriously injured in the export fishery and other export fisheries with the same marine mammal stock, including an indication of the statistical reliability of those estimates;

5. Calculation of bycatch limits for marine mammal stocks in waters under its jurisdiction that are incidentally killed or seriously injured in an export fishery;

6. Comparison of the incidental mortality and serious injury of each marine mammal stock or stocks that interact with the export fishery in relation to the bycatch limit for each stock; and comparison of the cumulative incidental mortality and serious injury of each marine mammal stock or stocks that interact with the export fishery and any other export fisheries of the harvesting nation showing that these export fisheries: (a) Does not exceed the bycatch limit for that stock or stocks; or

(b) Exceeds the bycatch limit for that stock or stocks, but the portion of incidental marine mammal mortality or serious injury for which the exporting fishery is responsible is at a level that, if the other export fisheries interacting with the same marine mammal stock or stocks were at the same level, would not result in cumulative incidental mortality and serious injury in excess of the bycatch limit for that stock or stocks.

The next step will be a formal comment period, after which NOAA will issue the final rule.

This story originally appeared on SeafoodNews.com, a subscription site. It has been reprinted with permission.