The National Marine Fisheries Service (NMFS) has issued guidance confirming that, effective January 1, 2026, certain fish and fish products from countries with fisheries that have been denied comparability findings under the Marine Mammal Protection Act (MMPA) will be prohibited from importation into the United States unless accompanied by a valid Certification of Admissibility (COA).
Imports from a country with denied comparability findings that are classified under designated HTS codes will be deemed inadmissible if a signed COA is not provided. The COA requirement is triggered by the combination of the HTS classification and the country of origin, not the country of harvest. NOAA has published a downloadable list identifying the affected HTS and country combinations. The purpose of the COA is to certify that the seafood was not harvested in a restricted fishery, as determined by NOAA based on target species, fishing area, and gear type.
Current guidance indicates that CBP will not provide ABI flags or messaging to alert brokers when a COA is required. While CBP will maintain internal flags and may place holds on shipments that lack a properly uploaded COA, customs brokers will not have advance system visibility.
NOAA Fisheries has confirmed that the COA must be signed by a designated government official in either the country of harvest or the country of origin, as well as by a U.S. party. The U.S. signer may be the Importer of Record, the U.S. consignee, or a licensed customs broker acting under a valid power of attorney for a non-resident importer. By signing, the U.S. party attests that, to the best of its knowledge, the information contained in the COA is accurate.
The COA signed by the foreign official must be uploaded at the time of entry, and a fully completed COA signed by both the foreign official and the U.S. signer must ultimately be uploaded in DIS. NOAA has also acknowledged that the HTS number provided by the foreign exporter may not match the final 10-digit HTS used on the entry, and an exact match will not be required, provided reasonable care is exercised in classification.
Multiple COAs may be required for a single shipment if it contains more than one covered species from different countries. A COA may be issued by the designated foreign official even after the shipment has departed the foreign country or arrived in the United States. NOAA has published a list of designated officials for many exporting countries.
Questions regarding the COA requirements may be directed to NOAA Fisheries at [email protected]
Additional information and resources can be found at the links below:
Seafood Import Prohibitions under the Marine Mammal Protection Act Import Provisions
Harmonized Tariff Codes and Other Resources for the Marine Mammal Protection Act Import Prohibitions