USMCA Commission: Mexico Must Respond on Vaquita Enforcement Failures

MONTREAL— Mexico must respond to allegations that the government failed to enforce protections for critically endangered vaquita porpoises, according to a decision by the Commission for Environmental Cooperation. The commission is an environmental review body under the United States-Mexico-Canada Agreement, or USMCA.

Only 10 vaquita remain on Earth. If Mexico does not step up its enforcement, scientists say, the porpoise’s extinction is imminent.

“This is an important step toward holding the Mexican government accountable for failing to protect these little porpoises,” said Sarah Uhlemann, International program director at the Center for Biological Diversity. “By turning a blind eye to continued gillnet fishing in the vaquita’s habitat, Mexican officials are choosing to lose this species forever. Only strong international pressure can change Mexico’s mind and save these incredibly imperiled animals.”

In August conservation groups petitioned the commission to investigate Mexico’s vaquita enforcement failures, citing continued illegal fishing by hundreds of boats within the animals’ remaining habitat. Vaquita become entangled and die in illegal fishing gear set to catch shrimp and totoaba, a giant fish in demand in China for its swim bladder. Under the USMCA, the United States, Mexico and Canada committed that “no Party shall fail to effectively enforce its environmental laws.”

“This is an important step in holding Mexico accountable for its failure to effectively enforce laws that protect the vaquita as required under the USMCA,” said Zak Smith, senior attorney and director of International Wildlife Conservation at NRDC (Natural Resources Defense Council). “To the maximum extent allowable under this trade deal, the United States, Canada and Mexico must hold each other accountable for protecting biodiversity. With only 10 vaquitas left, we need urgent action to save this porpoise. Otherwise, Mexico will be culpable of allowing the vaquita to disappear forever, partly because of the kind of trade allowed under the USMCA.”

In its decision, the commission found that the petition passed procedural hurdles. Mexico has 60 days to respond, and the commission will then decide whether a full factual investigation of the issue is warranted. Under U.S. law, if the commission finds that Mexico is not in compliance with its environmental obligations, the United States may request official enforcement action and ultimately trade sanctions against Mexico.

“Mexico’s decades of incompetence have pushed the vaquita to the precipice of extinction,” said DJ Schubert, a wildlife biologist for the Animal Welfare Institute. “It must now answer to the commission for its failures, and respond with immediate, fundamental change in its enforcement efforts. The Mexican government must commit its full political will to saving this species rather than continuing to disguise its negligence with unsubstantiated claims and rhetoric.”

“Every possible step that can be taken must be taken to permanently eliminate gillnets from the habitat of the vaquita,” said Clare Perry, ocean and climate campaign leader at Environmental Investigation Agency. “This includes Mexico working closely with totoaba maw consuming countries and transit countries to crack down on the illegal totoaba trade which is pushing this species over the edge.”