MMPA as a turning point for Vietnamese fisheries adaptation

The impact of MMPA is tangible but not excessively pessimistic

According to Mr. Le Tran Nguyen Hung, Deputy Director General of the Directorate of Fisheries and Fisheries Surveillance under the Ministry of Agriculture and Environment, specific requirements of the Marine Mammal Protection Act (MMPA) have begun to be imposed on countries exporting seafood to the U.S. market since 2017. Under the MMPA framework, exporting countries are required to establish systems of measures, regulations, and action programs to ensure that marine mammals are not harmed during fishing.

This law sets out seven groups of "comparability" criteria, applied consistently on a global scale. Accordingly, if a fishery or harvested species is not recognized as comparable, products derived from that fishery will be ineligible for export to the U.S.

For a fishery to be recognized as comparable to that of the U.S., such as tuna gillnet or purse seine fisheries, it must meet multiple requirements. The requirements include determining incidental catch rates and adopting mitigation measures; implementing appropriate technical solutions; establishing monitoring systems and ensuring traceability of fishing activities through logbooks and port inspections; and maintaining a comprehensive legal framework as a basis for enforcement.

In cases where no appropriate measures are in place, insufficient information is provided, or compliance levels cannot be demonstrated, the fishery or species concerned will be considered non-comparable. According to Mr. Le Tran Nguyen Hung, Viet Nam currently has 27 relevant fisheries, of which three are exempt, one has been recognized as comparable, and 11 have yet to be recognized.

In terms of export value, Viet Nam's seafood exports to the U.S. reached over USD 1.8 billion in 2024. Of this amount, products from the 11 non-comparable fisheries accounted for more than USD 512 million. Products using domestically harvested raw materials represented only about USD 61 million, while the remaining value largely relied on imported raw materials sourced from countries recognized as comparable by the U.S. as well as from countries with partial comparability status similar to Viet Nam. “Overall, this picture shows that the impact of MMPA is tangible but not excessively pessimistic,” Mr. Hung emphasized.

What has Viet Nam done, and what will it do to adapt?

From January 1, 2026, products derived from the 11 fisheries not yet recognized as comparable will no longer be eligible for export to the U.S. In light of this reality, Mr. Hung raised the question: What has Viet Nam done, is doing, and will do to adapt?

According to Mr. Hung, before the U.S. issued its official notice on August 26, 2025, Viet Nam had undertaken significant preparatory efforts during the 2019-2025 period. A system of decrees has been promulgated, including a dedicated chapter on monitoring, clearly defining the responsibilities of management agencies, captains, and fishermen; stipulating management regimes for specific species groups; and requiring traceability through the maintenance of fishing logbooks.

The Ministry of Agriculture and Environment has developed numerous regulations and support tools, including preliminary calculations of incidental catch rates, issuance of guidance handbooks, and the implementation of monitoring through fishing logbooks and port inspections.

At the same time, several key programs have been promulgated, such as the Action Plan on Management and Conservation of Marine Mammals in Viet Nam for the 2024–2028 period under Decision No. 1287/QD-BNN-KN dated May 8, 2024; the Onboard Observer Program for fishing vessels operating in Viet Nam’s waters under Decision No. 456/QD-BNNMT dated March 24, 2025; and the Plan to Mitigate Incidental Catch of Marine Mammals in Viet Nam for the 2025–2030 period under Decision No. 455/QD-BNNMT dated March 24, 2025.

On that basis, Viet Nam is currently implementing many specific actions, including reviewing and supplementing legal documents, with particular emphasis on technical measures to reduce incidental catch; surveying the status of marine mammal populations; assessing the effectiveness of marine mammal deterrent devices; implementing onboard fishing activity monitoring programs; developing a marine mammal database; and formulating appropriate technical measures to meet comparability requirements of the U.S.

In addition, the Directorate of Fisheries and Fisheries Surveillance has advised the Ministry to promulgate regulations on the certification of seafood and seafood products exported to the U.S. market and has directed localities to strengthen enforcement of fisheries conversion measures that pose risks to marine mammals, such as gillnets and trawls.

Regarding the 11 fisheries not yet recognized as comparable, the Directorate has submitted four reports to the Ministry of Agriculture and Environment and the Prime Minister while issuing two directives to localities for implementation.

The Minister of Agriculture and Environment has sent an official letter to the U.S. Secretary of Commerce. Minister of Industry and Trade Nguyen Hong Dien has also exchanged and worked with the U.S. Embassy for technical consultations. In parallel, Viet Nam has hired independent consultants to review and identify existing shortcomings.

The Directorate has also established a 16-member working group comprising leading experts from research institutes, universities, and the Viet Nam Association of Seafood Exporters and Producers (VASEP). The working group is focusing on reviewing the 11 non-recognized fisheries, supplementing data and scientific evidence to propose comparability recognition for specific fisheries.

For example, blue crab trap fisheries and bottom-set gillnet fisheries are considered to have minimal impact on marine mammals; the tuna purse seine fishery is in the process of applying for MSC certification; and swordfish longline fisheries are also assessed as having limited impacts. On that basis, Viet Nam will continue implementing practical measures, consolidating information, data, and scientific evidence to resubmit dossiers for U.S. consideration of recognition for suitable fisheries.

"For long-standing traditional fisheries, developing appropriate measures cannot be implemented in a short time. Viet Nam has hired consulting experts, including a former official responsible for this field at the U.S. National Oceanic and Atmospheric Administration, to review and identify areas requiring further improvement in the coming period," stated the leader of the Directorate of Fisheries and Fisheries Surveillance.