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U.S. Court Temporarily Suspends Crab Import Ban from Vietnam and Three Asian Countries

(vasep.com.vn) On October 31, 2025, the U.S. Court of International Trade (CIT) officially issued an order to suspend the lawsuit filed by the National Fisheries Institute (NFI), the National Restaurant Association (NRA), and several U.S. seafood companies against the U.S. Government, concerning the implementation of the Marine Mammal Protection Act (MMPA).

The Lawsuit and the Settlement Agreement

On October 11, 2025, the National Fisheries Institute (NFI), along with the National Restaurant Association (NRA) and several U.S. seafood companies, filed a lawsuit against NOAA/NMFS in New York, alleging that the agency had violated administrative procedures by denying comparability findings for 240 fisheries across 46 countries, including Vietnam’s swimming crab fishery (Fishery ID 2988).

Following negotiations, the U.S. Department of Justice and the plaintiffs reached a settlement agreement, which was submitted to the court. Key provisions include:

• The import ban on crab from the four countries will not take effect until NMFS issues a new decision.

• Affected countries, including Vietnam, will have at least 60 days to provide additional information to NOAA to support the reassessment process.

• NMFS will engage in direct consultations with each country’s fisheries authority and issue detailed guidance on the required documentation.

• Following this, NMFS will have 120 days to make a new determination, publicly announce the results, and formally notify each nation.

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)

Exports Continue, but Urgent Action Required

According to the National Fisheries Institute (NFI), the agreement allows continued export of swimming crab from Vietnam and the other countries to the U.S. market for the time being. However, the responsibility for submitting additional data to NMFS rests primarily with each country’s fisheries authority.

All parties are encouraged to complete and submit documentation within 60 days after the U.S. government shutdown concludes — meaning the deadline could fall in early January 2026.

The supplementary information required includes:

• Bycatch data – the number of marine mammals incidentally captured by specific gear types;

• Stranding data;

• Monitoring, reporting, and conservation plans, especially concerning Irrawaddy dolphins;

• Information on enforcement mechanisms and financial resources allocated to risk mitigation plans.

All materials must be submitted in English to mmpa.loff@noaa.gov.

Opportunities and Challenges for Vietnam’s Crab Fishery

The temporary suspension of the import ban is a positive development, enabling Vietnam’s crab industry to maintain access to a key export market. However, the final outcome will depend heavily on the quality and completeness of the data Vietnam provides to NOAA/NMFS within the next 60 days.

This is a critical period requiring close coordination among the fisheries authorities, industry associations, and exporting enterprises to compile comprehensive scientific, technical, and compliance documentation demonstrating adherence to marine mammal protection standards.

According to the settlement approved by the U.S. Court of International Trade, the lawsuit between NFI and the U.S. Government has been dismissed without prejudice, meaning the import ban on swimming crab from Vietnam and the other Asian countries will not take effect for now, allowing continued exports while NOAA/NMFS conducts its reassessment.

However, the timeline for submission is extremely tight, and the quality of the data will be a decisive factor in determining whether Vietnam’s fishery can regain its comparability finding status — a prerequisite for maintaining long-term market access for Vietnamese crab exports to the United States.