NOAA Reinstates Export Fishery Definition in 50 CFR Part 216
Summary
NOAA has published a correction to Title 50 of the Code of Federal Regulations reinstating the definition of "Export fishery" in section 216.3. The definition, which was inadvertently omitted during the October 1, 2025 annual revision, establishes criteria for classifying foreign commercial fishing operations that export to the United States and have more than a remote likelihood of incidental marine mammal mortality or serious injury. The correction applies to foreign commercial fishing operations and informs the classification process used by the Assistant Administrator.
What changed
NOAA has corrected 50 CFR section 216.3 by reinstating the definition of "Export fishery" that was inadvertently omitted during the annual Code of Federal Regulations revision effective October 1, 2025. The reinstated definition provides the full criteria for classifying foreign commercial fishing operations as export fisheries, including evaluation factors such as fishing techniques, gear used, methods to deter marine mammals, target species, seasons and areas fished, stranding data, and marine mammal species distribution. The definition also clarifies that commercial fishing operations not specifically identified in the List of Foreign Fisheries are deemed export fisheries until the next list is published.
Foreign commercial fishing operations that export fish and fish products to the United States should review this corrected definition to understand the classification criteria. Importers of fish products from foreign fisheries should verify whether their suppliers are properly classified. The correction restores the regulatory framework that was in effect prior to the annual revision and maintains consistency with the existing List of Foreign Fisheries classification process under 50 CFR 216.24(h)(3).
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Apr 18, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Rule
Regulations Governing the Taking and Importing of Marine Mammals
A Rule by the National Oceanic and Atmospheric Administration on 04/20/2026
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- Public Inspection Published Document: 2026-07610 (91 FR 20939) Document Headings ###### Department of Commerce
National Oceanic and Atmospheric Administration
- 50 CFR Part 216
CFR Correction
This rule is being published by the Office of the Federal Register to correct an editorial or technical error that appeared in the most recent annual revision of the Code of Federal Regulations.
In Title 50 of the Code of Federal Regulations, parts 200 to 227, revised as of October 1, 2025, in section 216.3, reinstate the definition of “Export fishery” in alphabetical order to read as follows:
§ 216.3 Definitions. * * * * * Export fishery means a foreign commercial fishing operation determined by the Assistant Administrator to be the source of exports of commercial fish and fish products to the United States and to have more than a remote likelihood of incidental mortality and serious injury of marine mammals (as defined in the definition of an “exempt fishery”) in the course of its commercial fishing operations. Where reliable information has not been provided by the harvesting nation on the frequency of incidental mortality and serious injury of marine mammals caused by the commercial fishing operation, the Assistant Administrator may determine whether the likelihood of incidental mortality and serious injury is more than “remote” by evaluating information concerning factors such as fishing techniques, gear used, methods used to deter marine mammals, target species, seasons and areas fished, qualitative data from logbooks or fisher reports, stranding data, and the species and distribution of marine mammals in the area, or other factors at the discretion of the Assistant Administrator that may inform whether the likelihood of incidental mortality and serious injury of marine mammals caused by the commercial fishing operation is more than “remote.” Commercial fishing operations not specifically identified in the current List of Foreign Fisheries as either exempt or export fisheries are deemed to be export fisheries until the next List of Foreign Fisheries is published unless the Assistant Administrator has reliable information from the harvesting nation to properly ( printed page 20940) classify the foreign commercial fishing operation. Additionally, the Assistant Administrator, may request additional information from the harvesting nation and may consider other relevant information as set forth in § 216.24(h)(3) about such commercial fishing operations and the frequency of incidental mortality and serious injury of marine mammals, to properly classify the foreign commercial fishing operation.
- * * * * [FR Doc. 2026-07610 Filed 4-17-26; 8:45 am]
BILLING CODE 0099-10-P
Published Document: 2026-07610 (91 FR 20939)
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