The Department of Commerce and National Marine Fisheries Service (NMFS) have issued a Notice extending the exemption period for the import provisions of the Marine Mammal Protection Act (MMPA), which affects the import of fish and fish products, for another two years until Dec. 31, 2025.
The Import Provisions section of the MMPA prohibits the importation of commercial fish or products from fish which have been caught with commercial fishing technology that results in the incidental death or serious injury of ocean mammals in excess of United States standards. Fish and fish product imports from exempt or export fisheries can only be imported into the U.S. if the harvesting nation has applied for and received a comparability finding from the NMFS.
The original 2016 Final Rule outlined the conditions for the comparability finding, which measure the effectiveness of the harvesting nation’s regulatory program as compared to the U.S. regulatory program, as well as the procedure for issuing a comparability finding.
The 2016 Final Rule also stipulated that there would be an exemption period, which was initially set at five years. Since then, the Department of Commerce and NMFS determined that additional time was necessary to complete the evaluation process, given the large number of foreign fisheries, the evolving nature of fisheries data, and the practical challenges of assessing the comparability of the regulatory programs in foreign countries.
NMFS explained that this exemption period was necessary to provide harvesting nations with adequate time to assess marine mammal stocks, estimate bycatch, and develop regulatory programs that mitigate that bycatch.
Therefore, in October, 2022 the NMFS extended the exemption period by another year to Dec. 31, 2023. In deciding to extend the exemption period by another 2 years to Dec. 31, 2025, the NMFS noted that it had received 134 applications for comparability findings from nations involving almost 2,500 foreign fisheries.
And although nations apply for comparability findings for each of their fisheries, comparability determinations are made on a fishery-by-fishery basis, not by country. Thus, individual determinations need to be made for each fishery. To review applications for comparability findings, NMFS evaluates each nation’s regulatory programs to address incidental and intentional mortality and serious injury of marine mammals in each fishery that exports fish and fish products to the United States.
The evaluation includes assessing information provided in the applicants’ submissions and readily available scientific information. The process can also include consulting with applicant nations to clarify ambiguous statutory or regulatory text, address data gaps, or request elaboration on their marine mammal bycatch mitigation regulatory program.
NMFS says this extension will allow it adequate time to ensure that comparability determinations are fairly and consistently applied across harvesting nations and their fisheries. Should NMFS identifies a need to further extend the exemption period or otherwise amend the 2016 final rule to ensure the effectiveness of the regulatory measures of foreign fisheries, it will provide prior notice, solicit public comment, and finalize any such amendments within the extended exemption period provided under this rule.
You can read the Final Rule in its entirety here.
To stay informed on trade news and other important updates, stay connected with a customs broker.
The National Oceanic and Atmosphere Administration (NOAA) has updated the list of nations identified as being involved with illegal, unreported, and unregulated (IUU) fishing activities, bycatch, and shark catch.
A negative certification from the NOAA may result in fishing vessels of that nation being denied U.S. port access, and potential import restrictions on fish or fish products.
In its 2023 Report, the NOAA identified seven nations for IUU fishing: Angola, China, Gambia, Grenada, Mexico, Taiwan, and Vanuatu.
Additionally, China and Taiwan were identified for issues concerning the production of seafood-related goods through forced labor.
China and Vanuatu were called out for shark catch without regulations comparable to those of the United States.
The report also includes certification determinations for 31 nations and entities identified for IUU fishing and/or bycatch of protected marine life in the 2021 report.
IUU Fishing
Positive: Costa Rica, Guyana, Senegal, and Taiwan received positive certification determinations for taking actions to remedy the IUU fishing activities identified in the 2021 report.
Negative: Mexico, China, and Russia received negative certifications for failing to take actions to remedy their reported activities.
Protected Marine Life Bycatch
China, Croatia, Egypt, European Union, Grenada, Guyana, Japan, Mauritania, Morocco, Portugal, the Republic of Korea, Saint Vincent and the Grenadines, South Africa, and Taiwan received positive certifications for taking corrective actions to address their protected marine life bycatch activities identified in the 2021 Report.
Algeria, Barbados, Côte d’Ivoire, Cyprus, France, Greece, Italy, Malta, Namibia, Senegal, Spain, Trinidad and Tobago, Tunisia, and Turkey received negative certifications for not having a regulatory program comparable to that of the United States to reduce bycatch of sea turtles in pelagic longline fisheries in the International Commission for the Conservation of Atlantic Tunas waters beyond any national jurisdiction.
Additionally, Mexico has been negatively certified for its lack of a comparable regulatory program to reduce or minimize bycatch of endangered North Pacific loggerhead sea turtles.
What does this mean for importers?
Seafood importers should be aware of the risks associated with sourcing seafood from countries that have not received a positive NOAA certification.
US importers may need to conduct additional due diligence on their seafood suppliers to ensure that they are not sourcing from nations engaged in IUU fishing, forced labor, or unregulated bycatch and shark catch, and/or diversify their seafood supply chains to reduce their reliance on nations identified in the report.
Importers can learn more about the report and its implications for their businesses by reading the full Report on IUU Fishing, Bycatch, and Shark Catch.
To stay informed on trade news and other important updates, stay connected with a customs broker.
The Fish and Wildlife Service is proposing to make revisions to USFWS Form 3-177, the form used by U.S. importers and exporters of fish and wildlife.
Under the Endangered Species Act it is against the law to import or export fish, wildlife, or plants without filing a declaration or report as necessary for enforcing the Act or upholding the Convention on International Trade in Endangered Species (CITES). With some exceptions, individuals, businesses and others must submit a Declaration for the Importation or Exportation of Fish or Wildlife form (USFWS Form 3-177).
Currently, the form collects information including the date of the import/export; the import/export license number; whether the shipment is an import or export; the port of clearance; name of the carrier; personal details of the importer/exporter such as name, address, phone and email; the scientific and common names of the fish or wildlife; description, quantity, value, and natural country of origin of the fish and wildlife; whether the wildlife is live and venomous; and permit numbers (if applicable).
In addition, the Fish and Wildlife Service is proposing to revise the form to collect the following new information fields:
- A field to add the container number for fish and wildlife shipped via ocean cargo, which will make it easier for inspectors to locate the shipment at port and expedite the inspection process.
- A field to collect U.S. permit numbers other than CITES, which accommodates other U.S.-issued wildlife permits such as those required under the Endangered Species Act, Migratory Bird Treaty Act, Marine Mammal Protection Act, Wild Bird Conservation Act, Bald and Golden Eagle Protection Act, and Lacey Act.
- A field to collect the designated port exception permit number, which will make it easier to track whether the importer/exporter is authorized to use the ports they are seeking to use.
- A field to collect the CITES tag or marking number for sport-hunted wildlife species that require such tags for import and shipping. A CITES tag may only be used once, and recording the tag on Form 3-177 will help ensure that that rules is followed.
If you have comments on the proposed changes, or the agency’s information collection process in general, comments will be accepted until July 5. Visit the notification page to learn more.
