Commerce Department Final Rule

2026-07610: Regulations Governing the Taking and Importing of Marine Mammals

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What this rule does

This regulation corrects an error in the definition of "Export fishery" within the Code of Federal Regulations, specifying it involves foreign fishing operations that may cause serious injury or death to marine mammals. It outlines the process by which the Assistant Administrator evaluates and classifies these operations based on various factors, particularly when information about incidental harm to marine mammals is lacking.

Plain-language description generated by AI — not the agency’s official summary, which we have not captured for this rule. Read the official text →

The rule, in full

449 words as published, April 20, 2026. View the original →

Federal Register, Volume 91 Issue 75 (Monday, April 20, 2026) [Federal Register Volume 91, Number 75 (Monday, April 20, 2026)] [Rules and Regulations] [Pages 20939-20940] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-07610] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 216 Regulations Governing the Taking and Importing of Marine Mammals 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. 0 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: Sec. 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 [[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 Sec. 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

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