Members of the CEC Council Authorize the Development of a Factual Record Regarding the North Atlantic Right Whale Submission
Tiohtià:ke (Montreal), 22 January 2025—The members of the Council of the Commission for Environmental Cooperation (CEC), in Council Resolution 25-01 unanimously decided to instruct the CEC Secretariat to develop a factual record regarding submission SEM-21-003 (North Atlantic right whale). The submission asserts that the United States is failing to effectively enforce the Endangered Species Act, Marine Mammal Protection Act, and National Environmental Policy Act and associated regulations to protect the North Atlantic right whale (Eubalaena glacialis) from vessel strikes and fishing gear entanglement.
Council Resolution 25-01 notes that on 3 June 2022, after having received the response from the United States, the Secretariat recommended the preparation of a factual record. Having reviewed that recommendation and considered the Party’s response, the CEC Council members have instructed the Secretariat to prepare a factual record that takes into account the relevant environmental laws and the actions of the Party in question to effectively enforce its national environmental laws, in particular the Endangered Species Act, Marine Mammal Protection Act, and National Environmental Policy Act and associated regulations.
The purpose of a CEC factual record is to provide an objective presentation of the facts relevant to assertions submitted under the Submissions on Enforcement Matters (SEM) process, and to allow readers to draw their own conclusions regarding a Party’s environmental law enforcement. The factual record is expected to generally outline the history of the environmental enforcement issue raised in the submission, the relevant environmental laws of the Party in question, and the actions taken by the Party to effectively enforce those environmental laws, thus serving as a valuable information-sharing tool.
For more information:
- Submission SEM-21-003 (North Atlantic right whale)
- Notification by the Secretariat to the Council pursuant to Article 24.28(1) of the USMCA that the development of a factual record is warranted
- Request for information for the development of a factual record related to submission SEM-21-003 (North Atlantic right whale)
The North Atlantic right whale population continues to decline as collisions with ships and entanglement in fishing gear threaten the species.
The CEC SEM Process
The CEC Submissions on Enforcement Matters process supports public participation, information-sharing between governments and the public, and transparency and openness in the effective enforcement of environmental law in North America. If you have reason to believe that an environmental law is not being effectively enforced by Canada, Mexico or the United States, the SEM process may address your concerns.
As of 1 July 2020, the CEC’s SEM process is governed by USMCA Articles 24.27 and 24.28 of the Environment Chapter of the free trade agreement between Canada, Mexico and the United States (CUSMA, T-MEC, USMCA).
Want to learn more about the SEM process? Please watch this two-minute video for an introduction: