미국 MMPA 수입제한 대상 범위의 국제법적 검토

A Legal Analysis of the Scope of U.S. Import Restrictions under the MMPA in the Context of International Law

Purpose – This study analyzes the international legal implications of the United States Marine Mammal Protection Act (MMPA), focusing on the scope of its import restrictions. It examines whether the definition of “fish or fish products” under the MMPA rule (50 CFR Part 216) extends beyond raw aquatic products to include processed and composite seafood. The study also explores how the MMPA’s regulatory framework interacts with international trade principles and affects Korea’s seafood exports. Design/Methodology/Approach – Adopting a comparative legal and policy approach, the study reviews the United States Code (U.S.C.), Code of Federal Regulations (C.F.R.), and Federal Register, along with FAO classifications and WTO precedents. It analyzes the intersection between U.S. environmental law and global trade obligations, emphasizing Korea’s compliance measures such as the Certification of Admissibility (COA). Findings – The 2016 Final Rule removed the exemption for “highly processed fish products,” expanding the MMPA’s scope to processed seafood, including fresh, frozen, dried, salted, and preserved forms. Under the “intermediary nation” rule, products using raw materials from non-compliant fisheries may face import restrictions even after reprocessing in a third country. Korea is establishing COA procedures consistent with NOAA’s comparability findings, highlighting the need for greater traceability and transparency. Research Implications – The MMPA functions as a de facto trade control mechanism. The study identifies potential trade risks for Korean seafood exports, and recommends the domestic adoption of bycatch-reduction standards, improved origin management, and alignment with international trade norms to achieve a sustainable fisheries management system.