December 4, 2020 — There is no second chance with extinction. So why is it taking the National Marine Fisheries Service so long to implement protective measures for the endangered North Atlantic right whale?
The species was considered endangered in 1970, three years before the Endangered Species Act was legislated. For the past 50 years it has been a constant struggle to fulfill the obligations of this law and provide adequate protection for its recovery. Four years ago, NOAA declared the drastic increase in right whale deaths an “unusual mortality event” and supposedly a concentrated effort was to be made to reverse the trend and save the species. We’re still waiting. The act is clear on what needs to be done, but decisions being made do not uphold the law.
Instead of carrying out its congressional legislative mandate, the Fisheries Service has repeatedly authorized actions harmful to continued existence of the whale. As a result, we have witnessed lawsuits and legal complaints against the agency for not doing the job entrusted to it. Among the claims made are: making false and misleading statements, omitting scientific research findings and recommendations from its own staff, falsely implying a consensus of scientists that reopening of a restricted fishing area wouldn’t adversely affect the species, refusing to close certain areas to reduce entanglements, controlling information being released to the public and, most importantly, granting priority to the lobster fishery responsible for the majority of whale deaths. Downplaying effects of fishery activities on the species, inadequately addressing ship strikes and failure to notify ships to reduce their speed are other accusations. These actions violate the legal requirements of the Endangered Species Act and reflect poorly on the agency, its mission, integrity and employees.