Under this order, the import ban on swimming crab from Vietnam, the Philippines, Indonesia, and Sri Lanka, which was originally scheduled to take effect on January 1, 2026, has been temporarily suspended until the National Oceanic and Atmospheric Administration (NOAA/NMFS) completes its review of the comparability findings—that is, the evaluation of whether exporting countries have marine mammal protection measures comparable to those of the United States.
The lawsuit and settlement agreement
On October 11, 2025, NFI and other parties filed a lawsuit against NOAA/NMFS in New York, alleging that the agency violated administrative procedures by denying comparability findings to 240 fisheries across 46 countries, including Vietnam’s swimming crab fishery (Fishery ID 2988).
After negotiations, the US Department of Justice and the plaintiffs reached a settlement, which was submitted to the court. Key terms of the agreement include:
- The import ban on crab from the four mentioned countries will not take effect until NMFS issues a new decision.
- The affected countries, including Vietnam, will have at least 60 days to submit additional information to NOAA to support the review.
- NMFS will consult directly with the fisheries authorities of each country and provide detailed guidance on required documentation.
- NMFS will have 120 days to make a new determination, publish the results, and officially notify each country.
Fisheries covered by the temporary suspension:
- Indonesia – Fishery ID 12391 (gillnet and purse seine)
- Vietnam – Fishery ID 2988 (gillnet and purse seine)
- Philippines – Fishery ID 2129, 2130 (trap, gillnet, and purse seine)
- Sri Lanka – Fishery ID 2705 (crab net, gillnet, and purse seine)
Continued exports, but urgent action needed
According to the National Fisheries Institute (NFI), the agreement allows crab exports from Vietnam and the other affected countries to continue temporarily in the US market. However, the responsibility for providing supplemental data to NMFS primarily rests with the fisheries authorities of each exporting nation.
Relevant agencies are strongly advised to complete and submit documentation within 60 days after the end of the US federal budget shutdown, meaning the deadline could fall around early January 2026.
The required information includes:
- Bycatch data (number of marine mammal entanglements) by fishery and gear type;
- Stranding records;
- Monitoring, reporting, and conservation plans (especially concerning Irrawaddy dolphins);
- Details on enforcement mechanisms and financial resources for mitigation measures.
All documents submitted to NMFS must be translated into English and sent via email to mmpa.loff@noaa.gov.
Opportunities and challenges for Vietnam’s crab fishery
The temporary suspension of the import ban is a positive signal, allowing Vietnam’s crab industry to maintain access to a vital export market in the near term. However, the final outcome will depend heavily on the quality and completeness of the information Vietnam submits to NOAA/NMFS over the next 60 days.
This is a critical period requiring close coordination between fisheries management authorities, industry associations, and exporters to finalize scientific and technical documentation and demonstrate compliance with marine mammal protection regulations.
According to the settlement approved by the US Court of International Trade, the lawsuit filed by NFI against the US Government has been dismissed without prejudice, meaning the import ban on crab from Vietnam and the other Asian countries will not take effect while NOAA/NMFS reconsiders the comparability findings.
However, the short preparation time and the quality of submitted data will be decisive factors determining whether Vietnam can regain its comparability finding status and sustain long-term access to the US crab market.
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