Legal action filed to safeguard marine mammals from foreign fishing equipment and uphold restrictions on seafood imports.

Conservation groups have taken legal action against several federal officials and departments in the U.S. Court of International Trade for their failure to implement the import provisions of the Marine Mammal Protection Act. The purpose of these provisions is to protect marine mammals from bycatch in foreign fishing gear by holding countries exporting seafood to the United States to the same standards as U.S. fisheries.

The lawsuit, filed by the Animal Welfare Institute, the Center for Biological Diversity, and Natural Resources Defense Council, targets the U.S. Department of Commerce, National Marine Fisheries Service, U.S. Department of the Treasury, and U.S. Department of Homeland Security. The groups seek a court order directing the government to enforce the Act’s mandate to ban seafood imports from countries whose fisheries kill too many marine mammals.

Kate O’Connell, senior policy consultant for the Animal Welfare Institute’s Marine Wildlife Program, expressed outrage over the government’s violation of the MMPA, stating that Americans unknowingly consume marine mammals with their seafood dinners. She emphasized the urgency of putting an end to this practice.

The United States is the largest seafood importer globally, with over 70% to 85% of seafood consumed in the country being imported from more than 130 countries. Despite the enactment of the law in 1972, which included provisions to protect marine mammals from bycatch and ban seafood imports from noncompliant fisheries, NMFS did not adopt a rule to implement these provisions until 2016.

The import rule requires foreign fisheries to meet U.S. standards for bycatch prevention measures. However, the implementation of this rule has been repeatedly delayed, with the ban on harmful fishery imports now postponed until January 1, 2026. This delay has raised concerns among conservation groups about the continued harm to marine mammals worldwide.

Bycatch remains a significant threat to marine animals globally, with over 650,000 dolphins, whales, seals, and other marine mammals dying or suffering serious injuries in fishing gear each year. Implementing the Marine Mammal Protection Act import provision and holding other countries to the same standards as U.S. fishers could help mitigate this threat and provide a powerful incentive for global marine mammal protection.

The conservation groups, represented by Anderson & Kreiger LLP and in-house attorneys at the Center for Biological Diversity and NRDC, are advocating for the enforcement of the Marine Mammal Protection Act to ensure the protection of marine mammals and promote sustainable fishing practices. It is crucial for the government to take action to prevent further harm to these iconic ocean animals.