Helena Joyce
The United States-Mexico-Canada Agreement (USMCA) is an international trade agreement that came into effect in 2020. While it has been criticised for failing to address climate change and meet baseline environmental criteria, it does include provisions aimed at protecting biodiversity, preventing the introduction of invasive species, maintaining marine wild capture fisheries, combating illegal fishing, and reducing marine litter. The USMCA Environment Chapter outlines seven key multilateral environmental agreements that the signatory countries commit to enforce, including the Montreal Protocol on Substances that Deplete the Ozone Layer and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. These provisions are a positive step towards easing the impacts of climate change and enhancing climate adaptation, but there is still a need for stronger action to address the global climate crisis and hold corporations accountable for their environmental impact.
| Characteristics | Values |
|---|---|
| Marine litter | Article 24.12 of the USMCA requires parties to take action to prevent and reduce marine litter by addressing land and sea-based pollution, promoting waste management infrastructure, and advancing efforts related to abandoned, lost, and discarded fishing gear |
| Air pollution | The USMCA addresses air pollution by committing the signatory countries to take actions to combat trafficking in timber, fish, and other fauna and wildlife, and by including air quality as a pressing environmental issue |
| Sustainable fisheries management | The USMCA includes provisions for maintaining marine wild capture fisheries and furthering sustainable fisheries management, as well as combating illegal, unreported, and unregulated fishing and harmful fisheries subsidies |
| Conservation and biodiversity | The USMCA includes provisions aimed at conserving whales and other marine species, preventing the introduction of invasive alien species, and protecting biodiversity |
| Climate change | The USMCA does not directly address climate change or include binding limits on carbon emissions, but it mentions carbon storage in the sustainable forest management section and clean technology in a non-binding section on environmental good |
| Environmental enforcement | The USMCA includes the Interagency Environment Committee for Monitoring and Enforcement (IECME) to implement, monitor, and enforce the environmental obligations of the agreement, and it encourages public participation in enforcing environmental laws through Submissions on Enforcement Matters (SEM) |
| Environmental criteria and standards | The USMCA includes seven key multilateral environmental agreements that the signatory countries commit to enforce and uphold, such as the Montreal Protocol on Substances that Deplete the Ozone Layer and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) |
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What You'll Learn
Marine litter
Article 24.12 of the USMCA Environment Chapter outlines the measures to be taken by the signatory countries, the United States, Canada, and Mexico, to prevent and reduce marine litter. This includes addressing land and sea-based pollution, promoting waste management infrastructure, and dealing with abandoned, lost, and discarded fishing gear.
The USMCA is a significant improvement over the original NAFTA agreement, which lacked strong environmental protections. NAFTA encouraged companies to move their polluting facilities to countries with less stringent environmental regulations, resulting in increased pollution and negative health impacts for communities. While the USMCA does provide more robust environmental provisions, some critics argue that they do not go far enough in addressing the climate crisis and mitigating the effects of climate change.
Despite these criticisms, the USMCA is a step forward in combating marine litter and pollution. The agreement includes enforceable commitments to implement multilateral environmental agreements, such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Montreal Protocol on Ozone Depleting Substances. Additionally, the USMCA addresses key environmental challenges such as illegal, unreported, and unregulated fishing, as well as harmful fisheries subsidies.
Overall, the USMCA's provisions on marine litter demonstrate a commitment to protecting the environment and addressing the negative impacts of pollution. While there may be areas for improvement, the agreement provides a framework for international cooperation and the implementation of sustainable practices to reduce marine litter and improve environmental outcomes.
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Illegal, unreported, and unregulated fishing
Illegal, unreported, and unregulated (IUU) fishing is a global issue that poses a significant threat to ocean ecosystems, marine biodiversity, and sustainable fisheries. It also has negative economic and environmental security impacts on fishing communities. IUU fishing activities violate both national and international fishing regulations, and the issue is far-reaching, with 22 nations identified for engaging in IUU fishing practices in the National Oceanic and Atmospheric Administration's 2023 Report to Congress.
IUU fishing threatens the stability of marine fisheries, decreases food security, and increases the risk to endangered and protected species. Developing countries that rely on fisheries for food security and income are particularly vulnerable to the impacts of IUU fishing. For example, total catches in West Africa are estimated to be 40% higher than reported catches, indicating a significant level of unreported fishing. IUU fishing also creates unfair competition for law-abiding fishermen and seafood producers, who are put at a disadvantage due to the illegal nature of these activities.
The United States, as a major consumer and producer of seafood, is taking a leading role in combating IUU fishing. The USMCA agreement includes provisions to address IUU fishing and enhance seafood transparency. The Senate has provided $8 million in funding to the National Oceanic and Atmospheric Association (NOAA) to combat illicit fishing and improve the monitoring of seafood imports. This funding will be used to expand the Seafood Import Monitoring Program (SIMP), a risk-based traceability program that requires importers to provide documentation across the seafood supply chain for species at risk of IUU fishing.
Increased transparency along the seafood supply chain is crucial to keeping illegally caught fish out of the US market and reducing the negative impacts of IUU fishing on fishing communities. The USMCA takes a step towards achieving this goal by providing much-needed support for monitoring, enforcement, and training efforts in the US and partner states like Mexico. By working with other fishing nations and regional fisheries bodies, the US is committed to combating IUU fishing and protecting ocean ecosystems and sustainable fisheries.
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Harmful fisheries subsidies
The USMCA (United States-Mexico-Canada Agreement) includes provisions that can be used to address some aspects of climate change and marine pollution. Chapter 24 of the agreement includes provisions aimed at maintaining marine wild capture fisheries, furthering sustainable fisheries management, and disciplining fisheries subsidies.
The WTO Agreement on Fisheries Subsidies, adopted in June 2022, prohibits harmful fisheries subsidies and marks a major step forward for ocean sustainability. The agreement is the first multilateral agreement focusing on the environment and the first broad, binding multilateral agreement on ocean sustainability.
To effectively curb overfishing, biodiversity degradation, and loss, and safeguard food and livelihoods, the agreement must prohibit fisheries subsidies that lower the cost of fuel and vessel construction and those that provide price support to keep market prices artificially high. Additionally, to ensure accountability, the agreement should support low-income countries' efforts to transition to sustainable management and require transparent data documentation and enforcement measures.
While the USMCA does not directly address harmful fisheries subsidies, its provisions on sustainable fisheries management and disciplining fisheries subsidies can be used to address this issue. However, it is important to note that the effectiveness of these provisions depends on their implementation and enforcement.
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Conservation of whales and other marine species
The United States-Mexico-Canada Agreement (USMCA) includes provisions that can be used to address some aspects of climate change and environmental issues linked to increased commerce, such as marine litter, sustainable trade in species, and air pollution. While the USMCA does not specifically mention climate change, it does contain provisions aimed at protecting biodiversity, preventing the introduction of invasive alien species, maintaining marine wild capture fisheries, furthering sustainable fisheries management, disciplining fisheries subsidies, and conserving whales and other marine species.
Chapter 24 of the USMCA includes provisions that address the conservation of whales and other marine species. These provisions are an improvement over the original North American Free Trade Agreement (NAFTA) and can be used to positively impact the environment and ease some of the impacts of climate change. The USMCA can also be used to enhance climate adaptation and improve the competitiveness of the three countries involved.
The Marine Mammal Protection Act (MMPA) is a key piece of legislation in the conservation of whales and other marine species. The MMPA mandates protection of marine mammals and their habitats, including a moratorium on the taking and importing of marine mammals, with some exemptions. The MMPA also directs that the primary objective of marine mammal management should be to maintain the health and stability of the marine ecosystem and obtain and maintain optimum sustainable populations of marine mammals. The US Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NMFS) are responsible for the conservation and management of various marine mammal species, including whales.
The Marine Mammal Commission (MMC) is an independent, science-based oversight agency charged by the MMPA to address human impacts on marine mammals and their environments. The MMC works to ensure that marine mammals and their ecosystems are protected through research, policy development, and collaboration with domestic and international organizations. The MMC's work is essential to the conservation of whales and other marine species, as it helps to identify and address the impacts of human activities on these species and their habitats.
While the USMCA and MMPA provide a framework for the conservation of whales and other marine species, there are still challenges ahead. Climate change, rising sea levels, and human dependence on the oceans continue to pose threats to marine mammals. Additionally, the USMCA has been criticized for not going far enough to address climate change and for failing to meet baseline environmental criteria. However, it is important to note that the USMCA is a step in the right direction and can be built upon in the future to further strengthen environmental protections and conservation efforts for whales and other marine species.
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Abandoned, lost, and discarded fishing gear
The USMCA, which replaced NAFTA in 2019, includes provisions that can be used to address some aspects of marine pollution and set the stage for more comprehensive action in future treaty improvements. While the agreement has been criticised for not directly addressing climate change, it does include measures to protect the environment. For example, Chapter 24 of the USMCA includes provisions for maintaining marine wild capture fisheries and furthering sustainable fisheries management. These provisions can help reduce the impact of abandoned, lost, and discarded fishing gear on marine ecosystems.
The adverse effects of abandoned fishing gear are well documented. It can lead to ghost fishing, where lost or discarded nets continue to trap and kill fish and other marine organisms. It can also contribute to the transfer of microplastics and toxins into food webs, the spread of invasive alien species and harmful microalgae, habitat degradation, and obstruction of navigation for in-use fishing gear. The socio-economic impacts of derelict fishing gear on coastal communities can be significant, affecting their livelihoods and the health of their local ecosystems.
To mitigate these risks, international efforts have been recognised to address the transboundary ecological and socio-economic effects of abandoned fishing gear. The FAO Committee on Fisheries endorsed the Voluntary Guidelines for the Marking of Fishing Gear (VGMFG) and supported the development of a global strategy to tackle issues related to abandoned gear. Additionally, research has been conducted to assess the gear-specific relative risks of different types of fishing gear, ranking fishing methods based on derelict gear production rates, gear quantity, catch weight, and fishing grounds area. These findings guide the allocation of resources to achieve the most significant conservation gains and reduce the environmental impact of abandoned, lost, and discarded fishing gear.
In conclusion, while the USMCA does not directly address abandoned, lost, and discarded fishing gear, its provisions for protecting biodiversity and maintaining sustainable fisheries can help mitigate the issue. International recognition of the problem has led to the development of guidelines and strategies to tackle abandoned fishing gear. Additionally, research-guided interventions help allocate resources effectively to reduce the adverse ecological and socio-economic impacts of derelict fishing gear on marine environments and coastal communities.
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