NMFS Agrees to Stay Import Ban on Swimming Crab Fisheries in 4 Nations
The U.S. agreed to stay the effective date of an import ban for swimming crab fisheries in Vietnam, the Philippines, Indonesia and Sri Lanka pending the National Marine Fisheries Service's reconsideration of the comparability findings for these fisheries (National Fisheries Institute v. United States, CIT # 25-00223).
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Filing a joint stipulation of dismissal in a group of seafood importers' case against the NMFS's comparability findings on 240 fisheries across 46 nations, which was set to lead to an import ban from the fisheries on Jan. 1, 2026, NMFS said it will reconsider the swimming crab fishery comparability findings within 60 days of the federal government being funded.
Ashley Akers, counsel for the seafood importers, clarified in an email that every fishery not covered by the stipulation will be subject to an import ban come Jan. 1, 2026.
The seafood companies filed suit to contest the comparability findings under both the Marine Mammal Protection Act and the Administrative Procedure Act (see 2510140025). The companies filed a motion for a preliminary injunction against the comparability findings, arguing that they will suffer "immediate and compounding harm, including the risk of 'immediate layoffs, collapsing supply chains, and the permanent loss of customers and business viability' as the January 1, 2026 effective date nears."
While Judge Joseph Laroski agreed to hear the case on an expedited basis, the importers and the U.S. filed a joint stipulation of dismissal after striking a deal regarding the swimming crab fisheries in Vietnam, the Philippines, Indonesia and Sri Lanka. In the next 60 days, NMFS will "consult with the Harvesting Nations" and allow them to submit further information related to the fisheries.
Interested parties can provide information by the end of the 60-day period, the stipulation said. Within 180 days of the government being funded, "NMFS will make a public determination on whether to issue a comparability finding for the Harvesting Nations," the brief said.