Conservation groups have recently initiated legal action to protect marine mammals from the devastating impacts of bycatch. The lawsuit, targeting U.S. federal officials and departments, challenges the government’s failure to enforce crucial import provisions of the Marine Mammal Protection Act (MMPA). These provisions are essential for safeguarding marine mammals from being unintentionally caught in foreign fishing operations by requiring that seafood imports meet strict standards.
The Lawsuit: Holding the Government Accountable for Marine Mammal Protection
The lawsuit, filed last week, seeks a court order compelling the government to uphold its obligations under the MMPA. This includes enforcing a ban on seafood imports from countries whose fishing practices cause significant harm to marine mammals. Kate O’Connell, Senior Policy Consultant for the Animal Welfare Institute’s Marine Wildlife Program, expressed frustration: “It is unacceptable that, more than 50 years after the MMPA was enacted, Americans are still consuming seafood tainted with the bycatch of whales, dolphins, porpoises, and seals. This situation must be rectified.”
The Scope of Seafood Imports and the Need for Stronger Regulations
The United States imports 70% to 85% of its seafood from over 130 countries, including major exporters like Canada, Indonesia, Ecuador, and Mexico. As the world’s largest seafood importer, the U.S. imports seafood worth over $21 billion annually, representing more than 15% of global marine food trade. Despite the Marine Mammal Protection Act’s intention to prevent bycatch and regulate seafood imports, enforcement has lagged.
Historical Context: Delays in Implementing Bycatch Prevention Rules
The Marine Mammal Protection Act, passed by Congress in 1972, aimed to shield marine mammals from bycatch and restrict imports from non-compliant fisheries. However, the National Marine Fisheries Service (NMFS) only began enforcing this rule in 2016. The rule requires foreign fisheries to demonstrate that their bycatch prevention measures align with U.S. standards. Initially, there was a five-year grace period for countries to comply. NMFS was supposed to enforce the ban on imports from fisheries that failed to meet these standards, but implementation has been delayed multiple times, now postponed until January 1, 2026.
The Impact of Bycatch on Marine Mammals and Ecosystems
Bycatch represents one of the greatest threats to marine mammals globally. Over 650,000 dolphins, whales, seals, and other marine mammals die or suffer serious injuries each year due to fishing gear. The unintended capture of these animals disrupts marine ecosystems, leading to ecological imbalances like overpopulation of prey species or loss of predators. Moreover, bycatch results in significant waste, as much of the accidentally caught marine life is discarded, often dead or dying, representing a severe loss of both life and potential economic resources.
The Plaintiffs and Their Call for Action
The lawsuit, filed by the Animal Welfare Institute, Center for Biological Diversity, and Natural Resources Defense Council (NRDC), targets the U.S. Department of Commerce, National Marine Fisheries Service, U.S. Department of the Treasury, and U.S. Department of Homeland Security. These conservation groups, represented by Anderson & Kreiger LLP and in-house attorneys at the Center for Biological Diversity and NRDC, are demanding immediate action to enforce the MMPA and protect marine mammals from ongoing harm.
Conclusion
The legal action against U.S. federal officials underscores the urgent need to enforce the Marine Mammal Protection Act and address the issue of bycatch. Protecting marine mammals is crucial for maintaining ecological balance and preventing unnecessary loss of life. As this lawsuit progresses, it highlights the importance of stringent regulations and enforcement to ensure the safety and preservation of marine mammals across the globe.
