Center for Biological Diversity Archives

Lawsuit claims Gulf of Mexico drilling permits violate Endangered Species Act

October 23, 2020 — Environmental groups went to federal court Oct. 21 with a lawsuit claiming the Trump administration is violating the Endangered Species Act by an inadequate interagency consultation on oil and gas operations in the Gulf of Mexico.

The San Francisco-based legal foundation Earthjustice filed the action on behalf of the Sierra Club, the Center for Biological Diversity, Friends of the Earth and Turtle Island Restoration Network. The lawsuit attacks an assessment of the hazards that offshore oil and gas drilling and production pose to endangered marine species, issued in March by the National Marine Fisheries Service.

In an earlier 2018 lawsuit filed in a federal court in Florida, Earthjustice and other groups complained NMFS and the U.S. Fish and Wildlife Service had unreasonably delayed developing a new biological opinion – or “BiOp” in the argot of federal bureaucracy – to evaluate impacts as required by the Endangered Species Act.

The law requires certification that government actions – such as permitting offshore drilling – won’t harm endangered species. The last biological opinion was issued in 2007; BP’s Deepwater Horizon accident and oil spill in 2010, with its sweeping environmental impacts and losses of marine life, triggered the process for a reassessment of the dangers.

Read the full story at National Fisherman

Judge orders new fisheries impact analysis on right whales, decides not to close fishery

September 10, 2020 — United States District Court Judge James Boasberg in Washington, D.C., handed down his remedy Aug. 19 to the National Marine Fisheries Services, which he ruled last spring had violated the Endangered Species Act in licensing the fisheries in the northeastern U.S.

He gave the NMFS until May 31, 2021, to conduct a new biological opinion on the fishing industry’s impacts on the endangered right whale species and measures to decrease whale deaths caused by the industry, vacating the previous biological opinion.

Earlier this year he found that the NMFS had failed to file an incidental take report in 2014 after discovering the vertical lines used in the fishing industry could be responsible for up to three whale deaths a year, which is more than the species can sustain, according to NMFS’ own calculations.

Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife and the Humane Society of the United States, the plaintiffs in the case, requested over 5,000 square miles south of Cape Cod, Massachusetts, where large numbers of whales congregate, be closed to vertical line fishing.

Intervenors in the case argued that closing off that area to fishing would place more nets outside its boundaries, creating a situation where lines are closer together, increasing entanglement risks for whales trying to reach the area considered for fishing closure.

The judge decided against the plaintiffs’ request because there is no legal precedent for such an action, he said in his opinion. He decided it would be too detrimental to the New England fishing industry that is already struggling because of the coronavirus.

Read the full story at Village Soup

Habitats for endangered green sea turtles will be federally protected in Florida

August 25, 2020 — Endangered green sea turtles will have some of their nesting beaches in Florida protected by federal agencies under a new legal agreement with conservation groups.

The U.S. Fish and Wildlife Service and National Marine Fisheries Service must designate protected critical habitats for green sea turtles by June 30, 2023, the Center for Biological Diversity said in a statement this week.

The agencies will likely consider proposing protections for beaches where green turtles nest in Florida, Georgia, North Carolina and South Carolina, as well as offshore oceanic habitat in the Southeast and on the West Coast, according to the agreement. These critical habitats designations don’t prohibit development, but they require that any project that’s permitted by a federal agency must minimize harm to these special areas.

“We’re thrilled that these imperiled creatures will finally get the habitat protections required by the Endangered Species Act,” said Jaclyn Lopez, Florida director at the Center for Biological Diversity. “Green sea turtle recovery has come a long way, but the fight’s not over yet.”

Read the full story at PHYS.org

Judge won’t close offshore lobster area; grants NMFS more time for whale analysis

August 21, 2020 — A federal judge granted the National Marine Fisheries Service a May 31, 2021 deadline to produce new biological opinion on the Northeast lobster fishery and northern right whale, following up on his earlier ruling that the agency had violated the Endangered Species Act with a 2014 opinion.

But in his new decision issued Monday, U.S. District Court Judge James E. Boasberg granted NMFS the nine-month grace period it had requested, rather than a Jan. 31, 2021 deadline sought by environmental groups that had sued the agency.

Boasberg also decided against ordering an immediate halt to the use of vertical lines for lobster gear in an area traversed by right whales south of Martha’s Vineyard and Nantucket – a ‘Southern New England Restricted Area,’ about the size of Connecticut, proposed by plaintiffs including the Center for Biological Diversity and Conservation Law Foundation.

In a 31-page memorandum of opinion, the District of Columbia judge laid out his reasoning, and recognized the difficulties NMFS faces in resolving the right whale issues. But he included a stern warning to the agency and to make progress.

Read the full story at National Fisherman

Habitats for endangered green sea turtles will be federally protected in Florida

August 21, 2020 — Endangered green sea turtles will have some of their nesting beaches in Florida protected by federal agencies under a new legal agreement with conservation groups.

Read the full story at the Miami Herald

California Takes Step to Protect Leatherback Sea Turtles

August 20, 2020 — California took a step Wednesday toward placing Pacific leatherback sea turtles under state protection as the species faces potential extinction from human-caused problems.

The state Fish and Game Commission voted 5-0 for the species to become a candidate for threatened or endangered status under California’s Endangered Species Act.

That triggers a year-long review before the commission makes a final decision. The turtle will receive state protection during that time.

Conservation groups applauded the move.

“Leatherbacks have traveled across the Pacific for millions of years. California has now committed to ensuring they survive reckless fishing practices and other threats to their existence,” said Catherine Kilduff, an attorney for the Center for Biological Diversity, which petitioned for the action along with the Turtle Island Restoration Network.

Read the full story at U.S. News

Make ship speed limits mandatory to protect right whales, advocates say

August 11, 2020 — Vessel speed limits must be mandatory offshore when endangered northern right whales are present, because ship strikes are a leading cause of deaths in the whale population now down to only around 400 animals, ocean conservation groups say in an appeal to the U.S. government.

“The unprecedented number of recent deaths and serious injuries warrants the agency acting quickly to ensure that this endangered species receives the protections necessary to reduce the risk of vessel strikes and ensure its continued existence throughout its range,” the groups state in a petition submitted Aug 6 to U.S. Secretary of Commerce Wilbur Ross and Chris Oliver, administrator of the National Marine Fisheries Service.

“The time has come for NMFS to follow through on the promises it made in 2008 to expand the ship speed rule based on the best available scientific data to address the urgent crisis the right whale faces,” according to the groups Whale and Dolphin Conservation, Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife, Humane Society of the United States and Humane Society Legislative Fund.

“While the species faces a plethora of threats, collisions with marine vessels remains one of the two primary threats inhibiting the species’ recovery and threatening its continued existence,” according to the groups. “Since 2017, just over half of the known or suspected causes of mortality for the species have been attributed to vessel strikes, closely followed by incidental entanglements in fishing gear.”

Read the full story at National Fisherman

Beavers Could Be A Key Species For Endangered Salmon Recovery In Oregon

July 21, 2020 — Recent guidance from the federal government is, for the first time, promoting the importance of beavers in the recovery of endangered salmon and steelhead in Oregon rivers.

A recently released biological opinion is encouraging landowners to use non-lethal means of dealing with beavers on private property.

“We know that they can provide important benefits that help support recovery of these fish that a lot of people are working toward,” says Michael Milstein, a spokesperson with the National Marine Fisheries Service. “But at the same time, it’s clear that they can cause conflict.”

The study advocates for private landowners to prioritize management tools like fencing when beavers dam culverts. It also asks that beavers be relocated rather than killed, and it sets an average limit of 13 removals of beaver sites per year across the state.

The biological opinion was prompted by a 2017 legal threat from environmental groups including the Center for Biological Diversity and Western Environmental Law Center over the killing of beavers and their role in creating fish habitat.

Read the full story at KLCC

Lawsuit demands Trump administration to impose vaquita-related sanctions against Mexico

June 11, 2020 — The Center for Biological Diversity and the Animal Welfare Institute have sued the administration of U.S. President Donald Trump in an effort to force it to implement sanctions against Mexico for its failures to protect the highly endangered vaquita porpoise.

The CBD and AWI said the sanctions are “long overdue,” accusing the U.S. Department of the Interior of failing to respond to a 2014 petition they filed under the Administrative Procedure Act requesting the United States “certify” Mexico under the U.S. Pelly Amendment for Mexico’s “ongoing failure to halt illegal fishing of and international trade in endangered totoaba fish.”

Read the full story at Seafood Source

Trump allows commercial fishing in marine conservation area

June 6, 2020 — President Donald Trump rolled back protections Friday at a marine conservation area off the New England coast, signing an order to allow commercial fishing in a stretch of water environmentalists say is critical for endangered right whales and other fragile marine life.

“We are reopening the Northeast Canyons to commercial fishing,” Trump told a roundtable meeting with fishing industry representatives and Maine officials. “We’re opening it today.”

The Northeast Canyons and Seamounts Marine National Monument off the New England coast, created by former President Barack Obama, was the first national marine monument in the Atlantic Ocean, and one of just five marine monuments nationwide.

Read the full story at the Associated Press