The somewhat recent phenomenon of North Atlantic right whales showing up in our waters, notably the Gulf of St. Lawrence, has created its fair share of challenges and headaches for our commercial fishing industry.
In recent years, the United States has used its Marine Mammal Protection Act (MMPA) to really ratchet up the pressure on countries exporting seafood into the U.S.
Our friends to the south have basically stated that if Canada did not establish significant protocols to protect marine mammals, notably North Atlantic right whales, certain Canadian-caught seafood could be limited or banned for importation into the U.S.
And it would be an understatement to say this threat has been taken very seriously by the Department of Fisheries and Oceans (DFO).
In recent years, DFO has implemented a number of fisheries measures and initiatives in Atlantic Canada and Québec to prevent right whale entanglements. These include both temporary and seasonal fishing prohibition protocols, which have caused quite a bit of pushback from harvesters.
DFO has also been advancing its Whalesafe Fishing Gear Strategy, that includes using low breaking-strength gear modifications, complying with minimum traps per set trawl requirements and reducing the number of vertical buoy lines.
This has also opened up the ropeless fishing gear industry — which has experienced mixed results thus far in the sometimes extreme and volatile Canadian waters.
When you couple President Donald Trump’s on-again, off-again, on-again tariff threats to Canadian seafood with the ongoing MMPA regulations, it has really created a whole new level of angst and anxiety in our seafood industry.
Despite the unpredictability and stress, the Canadian Federal Government says that its commitment to marine mammal protection has secured Canadian fisheries access to vital U.S. markets.
In early September, DFO received confirmation from the U.S. National Oceanic and Atmospheric Administration (NOAA) that all Canadian fisheries received comparability findings under the Marine Mammal Protection Act.
A comparability finding is a determination by NOAA Fisheries that a foreign export or exempt fishery has met applicable conditions to ensure the safety of marine mammals during commercial fishing. To receive a comparability finding, a harvesting nation must demonstrate that it:
- Prohibits the intentional mortality or serious injury of marine mammals in the course of commercial fishing operations in the fishery; or
- Demonstrates that it has procedures to reliably certify that exports of fish and fish products to the United States are not the product of an intentional killing or serious injury of a marine mammal.
For export fisheries, foreign nations must also maintain a regulatory program for incidental mortality and serious injury of marine mammals that matches the effectiveness of U.S. regulations. Countries must reapply for a comparability finding every four years to maintain their eligibility to export to the United States.
“This means our fisheries can continue to access U.S. markets for our fish and seafood exports and that our deeply integrated economies can continue to support communities and jobs on both sides of the border. This result signals the strength of our industry’s commitment to sustainability and marine mammal protection. The Government of Canada is taking strong and necessary actions to protect North Atlantic right whales and other marine mammals, supporting prosperous, sustainable fisheries. Our leadership on protecting right whales and other marine mammal species across Canada is demonstrated by our world class area closures to fisheries when and where right whales are detected, decisive actions we have taken to address ghost fishing gear, and our ongoing efforts to reduce harm of marine mammal entanglements through whalesafe gear testing and implementation,” DFO stated in a press release.
In other words, to meet the U.S. import requirements under the MMPA and to continue selling fish and fish products to U.S. markets, Canadian fisheries management measures for the protection of marine mammals must be at least comparable in effectiveness to those in the U.S.
“The results of NOAA’s assessment means our 323 Canadian fisheries can continue exporting to the U.S. — our largest seafood market that injects approximately $5 billion to our economy each year.”
The DFO announcement came shortly after NOAA Fisheries announced its comparability findings under the MMPA in late August.
NOAA announced it had issued full comparability findings for 89 nations and partial comparability findings for 34 nations’ fisheries and denied comparability for 12 nations’ fisheries. In total, fisheries from 46 nations now face stringent import restrictions, ensuring that seafood entering U.S. markets adhere to the same high standards as American-caught seafood.
“The United States is a global leader in marine mammal conservation and sustainable fisheries, with American fishermen adhering to world-class conservation practices that minimize marine mammal bycatch. These import provisions align with President Trump’s executive order to restore American seafood competitiveness, protect American jobs and ensure fair trade practices that prioritize the domestic market. By holding foreign fisheries to the same rigorous standards, NOAA Fisheries is safeguarding the integrity of American seafood while creating a level playing field for U.S. fishermen,” the fishery regulator stated in a press release.
Starting January 1, 2026, fish and fish products from foreign fisheries on NOAA’s List of Foreign Fisheries without a comparability finding will be barred from U.S. markets. The list categorizes all foreign commercial fisheries that export to the United States as either:
- Exempt: Minimal or no marine mammal bycatch.
- Export: Higher risk of marine mammal bycatch or insufficient data.
“The import provisions guarantee that foreign fisheries meet the gold standard that is set by American fishermen. This is a major win for American workers, consumers and our marine ecosystems. By enforcing these standards, we’re protecting our domestic seafood industry and ensuring only safe, sustainable seafood reaches American tables,” explained Eugenio Piñeiro Soler, acting assistant secretary of commerce for oceans and atmosphere and NOAA Fisheries assistant administrator.
So, what’s next? For now, Canadian seafood exports to the U.S. appear to be safe, but given the extreme unpredictability of the first year of Trump 2.0, who knows what lies beyond the horizon — North Atlantic right whales might be the least of our concerns.
