Commission debates practicality and prioritization of MMPA import rule ANPR

The Commission discussed the Advanced Notice of Proposed Rulemaking (ANPR) on the MMPA import rule and how the statutory comparability requirement (mortality and serious injury rates comparable to U.S. standards) should be interpreted and implemented. Participants acknowledged the rule's aspiration to apply U.S. protections to seafood imports but cautioned agencies will need to prioritize for practical effect.

General counsel Mike Gosliner explained the statute requires comparability of mortality and serious injury rates, and does not explicitly authorize different standards for endangered versus abundant species; however, mechanisms such as secondary authorization and section 101(a)(5)(E) procedures can have negligible‑impact implications for listed stocks. Speakers urged the Commission to help NOAA identify a transparent prioritization scheme—focusing on fisheries that either take many marine mammals or interact with highly vulnerable stocks—to make the rule more enforceable and effective. "I don't think we have the latitude to ... recommend that NOAA implement this differently for fisheries depending upon what they take," Gosliner said, while others argued prioritization will be needed in practice.

Commission staff noted the public comment period on the ANPR will produce inputs the Commission can use in future recommendations; the Commission will submit a letter and continue outreach. No formal policy position was adopted at the meeting.