A coalition of environmental groups filed a lawsuit against several federal agencies on Aug. 8 that claims the U.S. government has violated the nation’s marine mammal conservation law by failing to implement rules to ban seafood imports from countries that do not sufficiently limit bycatch.
The lawsuit asks for an order compelling the administration to enforce the Marine Mammal Protection Act’s provisions requiring foreign fisheries exporting to the United States to meet American bycatch standards.
Why This Lawsuit Matters for Marine Mammal Conservation
The lawsuit highlights ongoing debates about the enforcement of environmental standards amid global trade pressures and its impact on marine conservation efforts both in U.S. waters and around the planet.
Environmental advocates argue that successive American presidential administrations have not done enough to enforce the MMPA’s bycatch requirements, instead allowing continued imports of nearly all fish consumed in the country without forcing foreign fisheries to reduce marine mammal mortality.
“The U.S. government has violated the MMPA for far too long, causing significant harm to marine mammals worldwide,” said Kate O’Connell, senior policy consultant for the Animal Welfare Institute’s Marine Wildlife Program. “It is reprehensible that more than half a century after the MMPA was enacted, Americans are still buying seafood dinners with an invisible side of whale, dolphin, porpoise, or seal. Enough is enough.”
Understanding the Marine Mammal Protection Act and Bycatch
A key component of the MMPA, which aims to prevent the decline of marine mammal populations in U.S. waters, involves regulating bycatch. Marine mammals face a major threat from fishing gear. They are often caught unintentionally, so often that the U.S. Marine Mammal Commission says bycatch is one of the leading causes of marine mammal mortality worldwide.
Over 650,000 dolphins, whales, seals, and other marine mammals die or suffer serious injuries each year due to entanglement in fishing nets, lines, or hooks, according to data from the Center for Biological Diversity. “At least eleven populations, species, and sub-species of dolphins and porpoises are threatened with extinction because of uncontrolled bycatches,” according to a 2022 paper. The vaquita, a porpoise native to the Gulf of California, and the Atlantic humpback dolphin, which is endemic to a small area of ocean off West Africa’s coast, are critically endangered and close to extinction as a result of commercial fishing impacts.
Overall, according to the Natural Resources Defense Council, “marine mammals known to suffer from bycatch include at least 82 percent of odontocete species (toothed whales such as dolphins and sperm whales), 93 percent of mysticetes (baleen whales such as humpback whales and right whales), 83 percent of phocid seal species (earless seals such as Mediterranean monk seals), 57 percent of otariid seals and sea lions (eared seals and sea lions such as Antarctic fur seals and California sea lions), and 100 percent of sirenians (dugongs and manatees).”
To address these concerns, Congress included provisions in the MMPA that require the National Marine Fisheries Service to impose regulations holding foreign fisheries exporting seafood to the U.S. to the same bycatch prevention standards as U.S. fisheries. Once implemented, the regulations would apply to more than 1,800 fisheries from 131 nations.
The NMFS regulations, known as the “import rule,” were formalized in 2016 and gave countries a five-year grace period to comply. But NMFS has delayed full implementation of these rules multiple times, with the latest extension pushing compliance to January 1, 2026, citing disruptions caused by the COVID-19 pandemic and other factors.
Potential Impacts on Marine Conservation and Trade
If the court sides with the conservation groups, the U.S. government could be required to enforce stricter import rules, potentially banning seafood from countries that do not meet American bycatch standards.
This move could significantly impact the global seafood trade, as approximately 70% to 85% of seafood consumed in the United States is imported. More than $21 billion worth of seafood products enter the U.S. market annually, according to figures cited in the lawsuit.
“The Marine Mammal Protection Act sets a strong international standard for preventing bycatch, but the United States has been ignoring it and abandoning the iconic ocean animals it’s supposed to protect for more than half a century,” said Kristen Monsell, oceans legal director at the Center for Biological Diversity. “Whales and dolphins being caught in fishing nets around the world can’t afford any more delays. It’s long past time for the federal government to stop dragging its feet and start banning seafood imports from countries harming too many marine mammals.”
Broader Context of Marine Mammal Protection Efforts
Available evidence suggests that U.S. environmental laws, including the MMPA, are not succeeding in achieving conservation of marine mammals. For decades, according to NRDC, “fish and fish products
have entered the U.S. market on a daily basis without any accompanying proof, reasonable or otherwise, that the catch did not harm marine mammals in excess of U.S. standards.”
Scientific studies highlight the importance of reducing bycatch to protect marine mammal populations. Several studies have concluded that fisheries with comprehensive observer programs, which monitor bycatch and ensure compliance, have seen up to a 50% reduction in marine mammal bycatch. But many foreign fisheries do not have such programs, which leads to ongoing marine mammal deaths.
What This Lawsuit Could Mean for Marine Mammal Protection
The outcome of the lawsuit could influence how the U.S. addresses environmental enforcement in the context of international trade. If the conservation groups win, the government might need to enforce stricter import restrictions, potentially prompting other nations to improve their bycatch prevention measures.
“As climate change puts increasing pressure on ocean ecosystems, it is more important than ever to mitigate harms to marine mammals that are within our control,” said Marissa Grenon Gutierrez of Anderson & Kreiger LLP, the law firm representing the conservation groups.
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