October 28, 2022 — The Center for Biological Diversity is suing National Oceanic and Atmospheric Administration Fisheries, claiming it is not protecting endangered Pacific humpback whales from entanglements in California drift gillnets.
The Center, in the lawsuit filed in federal court Thursday, claimed that in the past two fishing seasons, about 12 Pacific humpbacks were caught in the California drift gillnet fishery. Researchers claim this excessive harm to endangered humpback whales violates the Endangered Species Act.
Whales caught in drift gillnets can drown or become constricted by nets as they swim away, causing stress, injuries and infections. This makes any entanglement of a humpback whale in drift gillnet gear an unlawful “take” under the act.
The fishery allegedly leaves mile-long hanging nets in the ocean overnight to catch large fish like Pacific bluefin tuna, swordfish and thresher sharks. The fishery then discards more than half of the fish caught, the lawsuit alleges. The fishing effort takes place from Aug. 15 through Jan. 31 and overlaps with important areas for sea turtles, threatening those endangered animals as well.
The Center claims NOAA Fisheries failed to adequately analyze the impact on the humpback populations listed under the act in 2016. Entanglements can lead to death, injury and lower calving rates in whales.