Conservation and animal protection groups have sued U.S. federal agencies in the U.S. Court of International Trade for failing to enforce import provisions of the Marine Mammal Protection Act (MMPA).
Ban seafood imports
The provisions aim to protect marine mammals from bycatch in foreign fishing gear by holding countries exporting seafood to the U.S. to the same standards as U.S. fisheries. The lawsuit was filed by the Animal Welfare Institute, Center for Biological Diversity, and NRDC against the U.S. Departments of Commerce, Treasury, Homeland Security, and the National Marine Fisheries Service (NMFS). The plaintiffs seek a court order mandating the enforcement of seafood import bans from countries with fisheries that kill excessive marine mammals.
The U.S. imports 70% to 85% of its seafood, worth over $21 billion annually, from more than 130 countries, including Canada, Mexico, Ecuador, and Indonesia. Congress passed the MMPA in 1972 to protect marine mammals, but NMFS did not implement rules for the import provisions until 2016. These rules required foreign fisheries to demonstrate that their bycatch prevention measures met U.S. standards, with an initial five-year exemption period to allow countries to develop and implement strategies.
Marissa Grenon Gutierrez of Anderson & Kreiger LLP, a Boston-based law firm representing the plaintiffs, said “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. Bycatch is a leading global threat to marine mammals — one that we can work to address using the powerfully protective framework of the Marine Mammal Protection Act.”
A level playing field for US fisheries
NMFS has repeatedly delayed enforcement of the import rule, citing the COVID-19 pandemic, and extended the deadline to January 2026. This delay continues to endanger marine animals, as bycatch remains the biggest global threat to marine mammals, with over 650,000 dolphins, whales, and seals dying annually due to entanglement in fishing gear. The conservation groups argue that enforcing the MMPA now would not only protect marine life but also create a level playing field for U.S. fisheries.
The groups are represented by Anderson & Kreiger LLP and in-house attorneys from the Center for Biological Diversity and NRDC. They emphasize that implementing the import ban is crucial for safeguarding marine ecosystems and addressing the ongoing threat posed by bycatch worldwide.
Kate O’Connell, senior policy consultant for the Animal Welfare Institute’s Marine Wildlife Programme, said “The US government has violated the MMPA for far too long, causing significant harm to marine mammals worldwide. 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.”
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