Trade Court Dismisses Suit on Illegal Mexican Fish Trade Threatening Vaquita Porpoise

The Court of International Trade on June 14 dismissed a suit from three conservation groups seeking to compel the Interior Department to decide whether Mexico is engaging in illegal trade and fishing of the totoaba fish, which threatens the endangered vaquita porpoise. The parties reached a settlement in April under which the agency found that Mexican nationals are violating the Convention on International Trade in Endangered Species of Wild Fauna and Flora (see 2306020054). Due to this finding, the U.S. could impose an embargo on any goods coming from Mexico.

Judge Gary Katzmann granted the conservation groups' bid to toss the case, noting that "today’s dismissal is far from a bill of health for the vaquita. It is simply an acknowledgement that Plaintiffs brought one claim, and that one claim has been satisfied by Interior’s decision to certify Mexico. As the court recognized in [Nat. Res. Def. Council, Inc. v. Ross] and stresses now, 'every death [of the vaquita] brings it perilously close to disappearing from the planet forever. . . . [T]he need for vigorous international enforcement against its continuing threat is a compelling one.'

"The panda of the sea, the little cow, is irreplaceable."

Sarah Uhlemann, counsel for the Center for Biological Diversity, said: "We welcome Judge Katzmann’s opinion, which lays out the history and background of our case. The vaquita population plummeted because the Mexican government has failed to enforce its own fishing and trade laws. Now, only around 10 vaquita are left on Earth, and intense international pressure -- including an import ban on Mexican wildlife and seafood until Mexico takes concerted action -- is necessary to save this tiny porpoise."

Estimates put the number of remaining vaquita porpoises at 10-13. These fish are located in the Upper Gulf of California in Mexican waters, and their primary threat is gillnet fishing of the totoaba fish. While Mexico has banned gillnet fishing of the totoaba, illegal fishing remains. The three conservation groups that filed the present case sought urgent enforcement action against this illegal practice, filing the case to compel Interior to respond to a 2014 letter requesting that the secretary find Mexico to be in violation of CITES.

(Center for Biological Diversity, et al. v. United States, Slip Op. 23-89, CIT # 22-00339, dated 06/14/23; Judge: Gary Katzmann; Attorneys: Sarah Uhlemann of the Center for Biological Diversity for the center, Animal Welfare Institute, and Natural Resources Defense Council; Agatha Koprowski for the Interior Department and Secretary)