2026-15294Proposed RuleWallet

Implementation of Fish and Fish Product Import Provisions of the Marine Mammal Protection Act

Published Date: 7/29/2026

Proposed Rule

Summary

NMFS is soliciting public input to inform potential revisions to the implementing regulations pursuant to the import provisions of the Marine Mammal Protection Act (MMPA). NMFS is initiating a comprehensive review of the import regulations to increase efficiency of the program while ensuring that the objectives of the statute are met.

Analyzed Economic Effects

7 provisions identified: 2 benefits, 5 costs, 0 mixed.

Import Ban After Comparability Denial

If NMFS denies a comparability finding for a foreign fishery, fish and fish products from that fishery are banned from U.S. import. The import prohibition becomes effective 30 days after the Federal Register notice and remains in effect until NMFS issues a new comparability finding.

Certification of Admissibility (COA) Requirement

Imports that are the same or similar to products subject to an import prohibition must be accompanied by a Certification of Admissibility (COA) signed by an authorized foreign government official. The COA must be filed with U.S. Customs and Border Protection through the Automated Commercial Environment (ACE) as a condition for release.

Provisional Import Access for New Exporters

If a harvesting nation begins exporting from a fishery not on the List of Foreign Fisheries, NMFS may issue a provisional comparability finding allowing imports for up to 12 months while the nation submits required application materials. This provisional allowance lasts no longer than 12 months.

Four-Year Review and Progress Report Cycle

Comparability findings generally remain valid for 4 years and harvesting nations must submit progress reports every 4 years. To seek renewal, nations must submit applications and documentary evidence by November 30 of the year before a finding expires.

Intermediary Nation Certification Rules

Under the rule, no fish from a prohibited fishery may be imported into the U.S. via intermediary nations unless the intermediary certifies it does not import prohibited products or has procedures to reliably certify exports to the U.S. do not contain prohibited products. NMFS may identify intermediary nations and require such certifications.

Exemption Period Ended December 31, 2025

The initial exemption period that delayed trade restrictions ended on December 31, 2025. Fisheries previously operating under the exemption are now subject to comparability evaluations and potential import prohibitions.

Traceability Limits for Highly Processed Products

NMFS acknowledges it may not be feasible to include some highly processed products (e.g., fish oil or fish sauce) in an import prohibition when species or the originating fishery cannot be identified. In those cases, those products may not be subject to the prohibition.

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Key Dates

Published Date
Comments Due
7/29/2026
9/28/2026

Department and Agencies

Department
Independent Agency
Agency
Commerce Department
National Oceanic and Atmospheric Administration
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