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Imports of Fish and Fish Products Subject to Conditions Under Proposed Rule

Tuesday, August 11, 2015
Sandler, Travis & Rosenberg Trade Report

The National Oceanic and Atmospheric Administration is proposing to revise its regulations to implement the import provisions of the Marine Mammal Protection Act. Among other things, this rule would do the following.

- establish conditions for evaluating a harvesting nation’s regulatory program for reducing marine mammal incidental mortality and serious injury in fisheries that export fish and fish products to the United States to determine if it is comparable in effectiveness to the U.S. regulatory program (even if it uses different mechanisms)

- require harvesting nations to apply for and receive, every four years (after an initial, one-time-only five year exemption period), a comparability finding for each fishery identified by NOAA in the List of Foreign Fisheries to export fish and fish products to the U.S.

- establish procedures that a harvesting nation must follow and conditions it must meet to receive a comparability finding

- ban imports of fish and fish products from an exempt or export fishery that does not receive a comparability finding

- establish procedures for intermediary nations to certify that their exports to the U.S. do not contain fish or fish products subject to an import prohibition

Comments on this proposal are due no later than Nov. 9.

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