Submission

North Atlantic right whale

Submission ID: SEM-21-003
Party concerned: United States
Date filed: October 4, 2021
Submission Status: Open

Latest Update: April 4, 2022

Under Article 24.27(4), the Secretariat received a response from the concerned government Party and began considering whether to recommend a factual record under Article 24.28(1).

Summary of the matter addressed in the submission:

The Submitter asserts that the United States is failing to effectively enforce its environmental laws designed to protect the North Atlantic right whale (Eubalaena glacialis) from the “primary human threats of fishing gear entanglement and vessel strikes, as well as stressors of climate change, ocean noise, and offshore energy development.” The Submitter asserts that “in just the last decade, the Fisheries Service reported that 218 North Atlantic right whales have likely succumbed to fishing gear entanglement and vessels strikes.”

North Atlantic right whales have been listed as endangered in the US since 1970 and are considered one of the world’s most endangered large whale species. In 2019 there were approximately 360 of these right whales left, with fewer than 80 breeding females, according to the submission. The Submitters assert that the US is failing to effectively enforce several federal laws and regulations, including the Marine Mammal Protection Act, the Endangered Species Act, and the National Environmental Policy Act.

Submitter(s):

Oceana

Submission Timeline

October 4, 2021

The Secretariat began reviewing the submission under Articles 24.27(2) and (3).

Submission - Submission authored by Submitter(s) on 04/10/2021

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 04/10/2021

November 4, 2021

The Secretariat notified the Submitter(s) that the submission did not meet all the Article 24.27(2) and (3) criteria, and that the Submitter(s) has 60 days to submit a revised submission.

Determination - Secretariat Determination under Article 24.27(2) and Article 24.27(3) of the CUSMA/USMCA authored by Secretariat on 04/11/2021

January 4, 2022

The Secretariat received a revised submission and began to analyze it.

Submission - Submission authored by Submitter(s) on 04/01/2022

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 05/01/2022

February 3, 2022

The Secretariat determined that the submission met the criteria of Article 24.27(2), and requested a response from the concerned government Party in accordance with Article 24.27(3).

Determination - Secretariat Determination under Article 24.27(2) and Article 24.27(3) of the CUSMA/USMCA authored by Secretariat on 03/02/2022

April 4, 2022

Under Article 24.27(4), the Secretariat received a response from the concerned government Party and began considering whether to recommend a factual record under Article 24.28(1).

Party Response - Response from the Party under Article 24.27(4) of the CUSMA/USMCA authored by United States on 04/04/2022

Acknowledgement - Other document authored by Secretariat on 05/04/2022