Legal action seeks to safeguard marine mammals and uphold 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 fisheries that did not meet US standards for protecting marine mammals. However, it took the National Marine Fisheries Service (NMFS) until 2016 to adopt 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 who argue that the protection of marine mammals is crucial, especially in the face of increasing pressures on ocean ecosystems due to climate change.

Bycatch remains a significant threat to marine animals worldwide, with over 650,000 dolphins, whales, seals, and other marine mammals dying or being seriously injured in fishing gear each year. These animals are often caught accidentally in nets, entangled in fishing lines, or hooked by fishing gear intended for other species. The suffering endured by these animals can be prolonged, with some dying weeks or months after becoming entangled.

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 globally. This would not only benefit marine animals but also ensure that consumers have access to sustainable and ethical seafood products.

Environmental organizations such as the Center for Biological Diversity and NRDC (Natural Resources Defense Council) have been advocating for the enforcement of the MMPA import provision to protect marine mammals and promote sustainable fishing practices. They argue that allowing foreign fisheries to continue selling seafood in the US market without meeting these standards undermines the efforts of domestic fishers who prioritize sustainability.

In conclusion, the enforcement of the MMPA import provision is crucial for the protection of marine mammals and the promotion of sustainable fishing practices globally. By holding all fisheries to the same high standards, we can work towards a future where marine animals are no longer needlessly harmed by commercial fishing activities.