Conservation Groups Dismiss Suit After US Finding of Illegal Mexican Fish Trade

Three conservation groups moved to dismiss their suit at the Court of International Trade seeking to compel the Interior Department to decide whether Mexico is engaging in illegal trade and fishing of endangered wildlife. The groups ditched the suit after Interior determined Mexican nationals are violating the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which could lead to a ban on imports of Mexican wildlife (Center for Biological Diversity, et al. v. United States, CIT # 22-00339).

Interior's finding, announced May 26, was based on the U.S. Fish and Wildlife Service's review of the illegal trade in the endangered totoaba fish, which also endangers the vaquita porpoise. President Joe Biden has 60 days from the announcement date to inform Congress of any action taken to "help encourage conservation actions to prevent extinction of the vaquita and continued decline of the totoaba," Interior said, which could include a U.S. ban on wildlife from Mexico.

“Mexico has failed the vaquita and ignored its obligations under international law, so this step is crucial,” said Sarah Uhlemann, international program director at the Center for Biological Diversity. “No one relishes painful trade sanctions, but without strong, immediate pressure from the international community, there’s a good chance we’ll lose this shy little porpoise forever.”

Interior's finding fell under the Pelly Amendment, which says that when the interior secretary finds foreign nationals are engaging in such trade, the secretary "shall certify such fact to the President," after which the president can ban certain imports, including wildlife products, from the offending country. The three conservation groups, the Center for Biological Diversity, Natural Resources Defense Council and Animal Welfare Institute, filed a petition in 2014 seeking to certify Mexico for diminishing the CITES' effectiveness for the trade of totoaba. Sensing that Interior was dragging its feet, the groups filed a suit at CIT, where a settlement was reached (see 2304100025).

Interior said its finding came after the CITES Secretariat recommended the suspension of all trade of CITES-listed species with Mexico. While this recommendation has been withdrawn given Mexico's updated compliance plan, the agency said the finding, and further action, is needed in the meantime, given the threats to totoaba and vaquita.