Implementation of the U.S. Marine Mammal Protection Act (MMPA) – Impact on Seafood Exports – U.S. Correspondence by Jay Lee (160)

U.S. Market Entry Banned for Fisheries Without Marine Mammal Protections Equivalent to the U.S.

14 Out of 141 Korean Fisheries Deemed Non-Compliant… Additional Guidelines Expected for Processed Products Like Fish Cakes

△ Jay Lee, CEO of J&B Food Consulting

In January 2026, Korea’s seafood export industry will face an unprecedented change. With the full implementation of the U.S. Marine Mammal Protection Act (MMPA) import rule, seafood harvested using fishing methods that do not meet U.S.-equivalent marine mammal protection standards will be completely barred from entering the American market.

This is more than a regulatory tightening—it represents a fundamental paradigm shift in global fisheries. The U.S. has made it clear that it intends to reduce bycatch of marine mammals such as dolphins and porpoises to harmless levels. First announced in 2017 and repeatedly delayed, the rule is now becoming a reality. Korea has received a “non-compliant” designation for 14 out of its 141 fisheries.

The most affected products are expected to include cuttlefish, anchovies, flounder, sole, halibut, and snow crab—29 species in total. Traditional fishing methods such as gillnets, stow nets, and trawling are particularly restricted, forcing the Korean fishing industry to consider fundamental changes.

Yet within this crisis lies opportunity. Aquaculture products can be exempted from the regulation through government-issued export permits. For example, halibut exported to the U.S. is 100% farmed and is therefore expected to face minimal disruption. The Ministry of Oceans and Fisheries plans to hold regional briefings starting October 16 and launch the export certification system in early November.

The MMPA rule presents both a challenge and an opportunity for Korea’s seafood sector to advance toward sustainability. Exporters must now prepare both short-term responses and long-term strategies.

First, they must fully understand and prepare for the export certification system. The National Fishery Products Quality Management Service (NFQS) will begin accepting certification applications in November, and companies should attend regional briefings to learn the required documentation and procedures in advance.

Second, companies should evaluate transitioning to aquaculture production. Farmed seafood carries no bycatch risk and is therefore exempt from MMPA restrictions. Restructuring supply chains around aquaculture or securing stable contracts with aquaculture producers can be a practical solution.

Third, for processed seafood products such as fish cakes, the U.S. is expected to issue additional guidance soon. Exporters should closely monitor updates and establish rapid-response systems to stay compliant.

Adopting and implementing bycatch reduction gear is no longer optional. Although the Korean government has promoted the development of escape devices for porpoises and other marine mammals, their actual adoption rate remains low. Companies should invest actively in bycatch reduction technologies and collaborate with fishers to lead the transition to sustainable fishing practices.

Ultimately, the MMPA rule signals growing global demand for environmentally friendly seafood. By establishing marine mammal protection programs as part of ESG initiatives and using them as a marketing point, Korean seafood exporters can not only maintain access to the U.S. market but also strengthen their position in other advanced markets such as Europe.

Tags: #MMPA #Seafood #Export #FishCake

Machine translated

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