In a significant legal move, several conservation organizations have filed a lawsuit against the U.S. government, demanding stricter enforcement of the Marine Mammal Protection Act (MMPA). The lawsuit, lodged today in the U.S. Court of International Trade, targets federal officials and departments, including the U.S. Department of Commerce, National Marine Fisheries Service (NMFS), U.S. Department of the Treasury, and U.S. Department of Homeland Security.
The plaintiffs—Animal Welfare Institute, Center for Biological Diversity, and Natural Resources Defense Council—are seeking a court order to compel the U.S. government to ban seafood imports from countries whose fisheries are responsible for excessive marine mammal bycatch. Bycatch refers to the incidental capture of non-target species, including whales, dolphins, and seals, in fishing operations.
“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. “It’s reprehensible that more than half a century after the MMPA was enacted, Americans are still buying seafood with an invisible side of whale, dolphin, porpoise, or seal. Enough is enough.”
Approximately 70% to 85% of seafood consumed in the U.S. is imported, making the country the world’s largest seafood importer, with an annual import value exceeding $21 billion. The MMPA, enacted in 1972, was designed to protect marine mammals from bycatch, with provisions for banning seafood imports from noncompliant foreign fisheries. However, despite the MMPA’s strong mandate, NMFS only adopted a rule to implement these provisions in 2016, more than four decades later.
The implementation of this rule has been repeatedly delayed, most recently pushed to January 1, 2026. The conservation groups argue that this delay has allowed foreign fisheries to continue practices that are harmful to marine mammals, while U.S. fishers are held to stricter standards.
Kristen Monsell, oceans legal director at the Center for Biological Diversity, emphasized the urgency of the situation: “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.”
Marissa Grenon Gutierrez, of the Boston-based law firm Anderson & Kreiger LLP, representing the conservation groups, added, “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 address using the powerfully protective framework of the Marine Mammal Protection Act.”
With bycatch responsible for the deaths or serious injury of over 650,000 marine mammals annually, the lawsuit highlights the need for immediate action. Conservationists argue that enforcing the MMPA’s import provisions would not only protect marine mammals but also level the playing field for U.S. fishers who already adhere to stringent bycatch regulations.
Zak Smith, director of global biodiversity conservation at NRDC, pointed out, “Americans love whale- and dolphin-safe seafood, and U.S. fishers take pride in putting more sustainable food on our tables. But our government continues to let foreign fisheries peddle their whale- and dolphin-killing fish in the US market, while taxpayers and fishers spend millions domestically to do the right thing.”
The case could have far-reaching implications for global fisheries and marine mammal conservation, setting a precedent for how the U.S. handles seafood imports in the future.
Source: Centre for Biological Diversity