International Investigation shows U.S. is Failing to Protect Critically Endangered North Atlantic Right Whales
Findings Follow Oceana’s Complaint Against the United States Under the USMCA
Press Release Date: January 6, 2026
Contacts:
United States: Erin Vande Ven, evandeven@oceana.org, +1 303-829-3877
Canada: Vaishali Dassani, Oceana Canada, vdassani@oceana.ca, 647-294-3335;
Mexico: Edith Martínez, emartinez@oceana.org, +52 5539-3935-99
This week, the Commission for Environmental Cooperation (CEC), part of the United States-Mexico-Canada Agreement (USMCA), released their findings of an investigation into the United States for its failure to effectively enforce its environmental laws to protect North Atlantic right whales from deadly vessel strikes and fishing gear entanglements. North Atlantic right whales are critically endangered, with only around 380 whales remaining.
This CEC report was issued in response to Oceana filing the first-ever Submission on Enforcement Matters against the U.S. government under the USMCA, the successor to the North American Free Trade Agreement (NAFTA). Per the USMCA, public stakeholders can submit a complaint against any of the three countries and request an investigation of their enforcement of environmental laws. The extensive, 120-page report published today details the actions of NOAA, the U.S. Coast Guard, and other agencies to enforce federal laws to conserve and recover North Atlantic right whales. It describes and discusses in great detail the status of the species and the strengths and weaknesses of environmental enforcement related to North Atlantic right whales in U.S. waters. While the report does not contain recommendations, these objective findings will be important as the U.S. considers necessary protections for North Atlantic right whales in the coming years, including additional protections from fishing gear entanglements that are required by January 1, 2029.
“As North Atlantic right whales teeter on the brink of extinction, the United States cannot continue to pass the buck. Trade agreements like the USMCA require real action, not empty commitments,” said Gib Brogan, campaign director for Oceana in the United States. “We are grateful for the work of the secretariat in this investigation, and today’s findings show that the United States must step up with their end of the agreement. The investigation demonstrates that the future of North Atlantic right whales is on the line. This moment calls for decisive action to give North Atlantic right whales a real chance at recovery. The Department of Commerce and NOAA are responsible for saving this species from extinction and the world is watching.”
According to Oceana’s Submission on Enforcement Matters, the federal government is not fully complying with, implementing, or enforcing the Marine Mammal Protection Act (MMPA), the Endangered Species Act (ESA), and the National Environmental Policy Act (NEPA) to protect North Atlantic right whales from their primary threats of deadly fishing gear entanglements and vessel strikes and the additional stressors of climate change, ocean noise, and offshore energy development. The offending agencies and offices named in the letter include the National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service, NOAA Office of Law Enforcement, NOAA Office of General Counsel, and the U.S. Coast Guard.
Following Oceana’s submissions in 2021, the CEC executed a formal investigation and compiled a factual record related to Oceana’s claims. Following the completion of the investigation, this final report can now be used to inform future talks amongst the countries.
“This investigation sends a clear message that the United States must do more to enforce protections that prevent deadly ship strikes and fishing gear entanglements. The report confirms what Oceana has long warned: strong measures mean little without strong enforcement. With only around 380 critically endangered North Atlantic right whales remaining, far more must be done — urgently — if this species is to survive,” Kim Elmslie, Senior Campaign Director, Oceana in Canada.
“We recognize the work of the Commission for Environmental Cooperation Secretariat in documenting these failures. We view with concern that the United States continues to fail to comply with its own environmental laws and commitments under the USMCA, while the North Atlantic right whale approaches dangerously close to extinction. We urgently call on the U.S. government to strengthen protections against vessel strikes and fishing gear entanglements”, said Renata Terrazas, Vice President of Oceana in Mexico.
Background
North Atlantic right whales were a frequent target of whalers as they were often found near shore, swim slowly, and tend to float when killed. They were aggressively hunted, and their population dropped from peak estimates of up to 21,000 to perhaps fewer than 100 by the 1920s. After whaling of North Atlantic right whales was banned in 1935, their population increased to as many as 483 individuals in 2010. Unfortunately, that progress has reversed.
Collisions with boats is a leading cause of North Atlantic right whale injury and death. They are slow, swimming at speeds less than 4 miles (or an average of 6 kilometres) per hour per hour, usually near the water’s surface. They are also dark in color and lack a dorsal fin, making them very difficult to spot. Studies have found that the speed of a vessel is a major factor in vessel-related collisions with North Atlantic right whales. At high speeds, vessels cannot maneuver to avoid them, and they swim too slowly to be able to move out of the way. This puts them at great risk of being struck, which can cause deadly injuries from blunt-force trauma or cuts from propellers.
Entanglements in fishing gear used to catch lobster, crab, and other species is another leading cause of North Atlantic right whale deaths. Around one-quarter of the population is entangled in fishing gear from the U.S. and Canada each year, and about 85% have been entangled at least once. Ropes have been seen wrapped around their mouths, fins, tails, and bodies, which slow them down; make it difficult to swim, reproduce, and feed; and can cause death. The lines cut into the whales’ flesh, leading to life-threatening infections, and are so strong that they have severed fins and tails, and cut into bone.
A national poll of American voters conducted in 2024 found that an overwhelming majority support stronger protections for North Atlantic right whales. The poll found that 86% of American voters agree that North Atlantic right whales should be protected from human-caused threats to help prevent their extinction, and 83% agree that ocean activities that endanger North Atlantic right whales, like shipping, boating, and vertical-line fishing, should be adapted to protect them. Eight in ten respondents are in favor of the U.S. government making policy changes to save North Atlantic right whales from going extinct. Oceana’s poll, conducted by the nonpartisan polling company Ipsos using the probability-based KnowledgePanel®, surveyed 1,053 registered U.S. voters from June 28 to 30, 2024.
To learn more about Oceana’s campaign to save North Atlantic right whales from extinction, please click here.
Oceana is the largest international advocacy organization dedicated solely to ocean conservation. Oceana is rebuilding abundant and biodiverse oceans by winning science-based policies in countries that control one-quarter of the world’s wild fish catch. With more than 325 victories that stop overfishing, habitat destruction, oil and plastic pollution, and the killing of threatened species like turtles, whales, and sharks, Oceana’s campaigns are delivering results. A restored ocean means that 1 billion people can enjoy a healthy seafood meal every day, forever. Together, we can save the oceans and help feed the world. Visit Oceana.org to learn more.
