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
Location: WASHINGTON
Contact:
Erin Vande Ven | email: EVandeVen@oceana.org | tel: 303.829.3877
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.
