Legal Action Seeks to Safeguard Marine Mammals and Enforce Restrictions on Seafood Imports

The Marine Mammal Protection Act (MMPA) was enacted by Congress in 1972 with the aim of protecting marine mammals from harm, including bycatch, which refers to the unintentional capture of marine animals in fishing gear. The MMPA also included provisions to ban seafood imports from noncompliant fisheries. However, it wasn’t until 2016 that the National Marine Fisheries Service (NMFS) adopted a rule to implement these provisions.

The import rule, as it is known, requires foreign fisheries to demonstrate that their bycatch prevention measures meet US standards. Initially, there was a five-year exemption period to allow countries time to assess marine mammal stocks, estimate bycatch, and develop rules to reduce bycatch. After this period, NMFS was supposed to determine whether countries‘ fisheries were meeting US standards, and if not, the US government was supposed to ban imports from noncompliant fisheries.

In 2020, NMFS extended the implementation of the rule by one year due to the COVID-19 pandemic. Since then, implementation has been delayed twice more, and the ban on harmful fishery imports is now on hold until January 1, 2026. This delay has raised concerns among environmental advocates and legal experts.

Kristen Monsell, oceans legal director at the Center for Biological Diversity, expressed disappointment in the delays, stating that the US government has been ignoring the MMPA and failing to protect marine mammals for over half a century. She emphasized the urgent need to stop delaying and start enforcing the ban on seafood imports from countries that harm marine mammals.

Marissa Grenon Gutierrez of Anderson & Kreiger LLP highlighted the importance of mitigating harms to marine mammals, especially in the face of increasing pressure on ocean ecosystems due to climate change. Bycatch remains a significant global threat to marine mammals, with hundreds of thousands of dolphins, whales, seals, and other marine animals dying or being injured in fishing gear each year.

Implementing the MMPA import provision and holding other countries to the same standards as US fishers could help level the playing field and incentivize better protection of marine mammals worldwide. Zak Smith, director of global biodiversity conservation at NRDC, emphasized the importance of ensuring that foreign fisheries meet the same standards as US fishers to promote sustainability and protect marine animals.

The groups advocating for the enforcement of the MMPA import provision are represented by Anderson & Kreiger LLP, as well as in-house attorneys at the Center for Biological Diversity and NRDC. Their efforts aim to hold foreign fisheries accountable for their impact on marine mammals and promote sustainable fishing practices globally.

In conclusion, the enforcement of the MMPA import provision is crucial for protecting marine mammals from harm and promoting sustainable fishing practices worldwide. By holding foreign fisheries to the same standards as US fishers, we can work towards a future where marine animals are safeguarded from the devastating effects of bycatch.