International Trade Group Opens Investigation into U.S. Failure to Protect Critically Endangered North Atlantic Right Whales
Unanimous Decision Follows Oceana’s Complaint Against the United States Under the USMCA
Press Release Date: January 22, 2025
Media Contacts: United States: Erin Vande Ven, evandeven@oceana.org, 303-829-3877 Canada: Vaishali Dassani, vdassani@oceaca.ca, 647-294-3335 Mexico: Edith Martínez, emartinez@oceana.org, +52 5539-3935-99
WASHINGTON — This week, the Commission for Environmental Cooperation (CEC), part of the United States-Mexico-Canada Agreement (USMCA), voted unanimously to investigate 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. This decision, made by CEC representatives from the United States, Canada and Mexico, was in response to Oceana filing the first-ever Submission on Enforcement Matters against the U.S. government under the USMCA. Per the USMCA, the successor to the North American Free Trade Agreement (NAFTA), public stakeholders can hold any of the three countries accountable for not effectively enforcing their environmental laws. Oceana says the government has violated the USMCA by failing to enforce the Marine Mammal Protection Act (MMPA), the Endangered Species Act (ESA), and the National Environmental Policy Act (NEPA) by not taking adequate measures to protect critically endangered North Atlantic right whales, of which only around 370 remain.
“The United States can no longer stand by while North Atlantic right whales edge closer to extinction. International trade agreements like the USMCA require countries to do their jobs so that endangered species can not only survive but recover. Critically endangered North Atlantic right whales may have more of a fighting chance thanks to steps taken today to objectively assess what has and has not been done to save this species from extinction,” said Gib Brogan, campaign director for Oceana in the United States. “Just as Canada and Mexico are expected to uphold their environmental laws under the US-Mexico-Canada Agreement, the U.S. must be held to the same standard. Time is of the essence for these whales, and it’s clear that the United States is not doing enough to protect them.”
Under the USMCA, public stakeholders can hold any of the three countries accountable for not effectively enforcing their environmental laws, such as the United States’ Marine Mammal Protection Act, Endangered Species Act, and National Environmental Policy Act. According to Oceana’s Submission on Enforcement Matters, the federal government is not fully complying with, implementing, or enforcing numerous environmental laws to protect North Atlantic right whales from their primary threats of deadly fishing gear entanglements and vessel strikes. 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, and NOAA Office of General Counsel and the U.S. Coast Guard.
Following Oceana’s submissions in 2021, the CEC Secretariat determined that a formal investigation was warranted under the terms of the USMCA. On January 17, the Council, comprised of representative of the governments of the U.S., Canada, and Mexico voted to instruct the Secretariat to investigate and develop a factual record related to Oceana’s claims. A request for public comments was issued on January 21, 2025 and following the completion of the investigation, a draft report will be provided to each of the three countries for review and comment after which the Secretariat will publish a final report. This final report can then be used to inform future talks amongst the countries.
“We are pleased that the Commission for Environmental Cooperation has voted to advance its investigation into the U.S. government’s failure to adequately protect North Atlantic right whales,” said Kim Elmslie, campaign director for Oceana in Canada. “This species is on the verge of extinction, and we expect our governments to do everything possible to protect them under their watch. This is a step in the right direction.”
Following the CEC Council members’ favorable vote, the investigation by the CEC Secretariat can take up to 120 days to complete. Oceana hopes its submission and a timely completion of the investigation will help shine a light on the federal government’s need to reduce threats to North Atlantic right whales and its failures to comply with its own environmental laws and the provisions of the USMCA. Should these failures be successfully challenged by Canada or Mexico, the United States could face trade restrictions.
“On behalf of Oceana in Mexico, we want to congratulate the Commission for Environmental Cooperation members regarding their decision to investigate the United States’ failure to comply with their environmental laws to protect the right whale. Even though this whale does not live in Mexican waters, it is crucial that all three USMCA countries take concrete actions to protect their oceans and the species that inhabit them,” said Renata Terrazas, Vice President for 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 around 6 miles (or 9.5 kilometres) 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 300 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.
Oceana Canada was established as an independent charity in 2015 and is part of the largest international advocacy group dedicated solely to ocean conservation. Oceana Canada has successfully campaigned to ban single-use plastics, end the shark fin trade, make rebuilding depleted fish populations the law, improve the way fisheries are managed and protect marine habitat. We work with civil society, academics, fishers, Indigenous Peoples and the federal government to return Canada’s formerly vibrant oceans to health and abundance. By restoring Canada’s oceans, we can strengthen our communities, reap greater economic and nutritional benefits and protect our future. Find out more at Oceana.ca.
