Saving Seafood

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

Conservation groups seek vertical line ban off Massachusetts coast

May 19, 2020 — The conservation groups that filed a federal lawsuit two years ago to force the National Oceanic and Atmospheric Administration to do more to protect endangered right whales from entanglement with fishing gear have asked U.S. District Court Judge James E. Boasberg to ban lobster fishing gear with vertical buoy lines off the coast of Massachusetts.

The affected area would be south of the islands of Martha’s Vineyard and Nantucket.

According to the Center for Biological Diversity and several other plaintiff conservation groups, the area “has increasingly become important right whale foraging and socializing habitat in recent years.”

The conservation groups filed their request last Friday, three weeks after the judge ruled that the National Marine Fisheries Service (NMFS) violated the federal Endangered Species Act when it continued to allow lobster fishing with gear that used fixed vertical buoy lines in which whales could become entangled.

As a practical matter, a ban on the vertical lines that connect traps on the sea floor to marker buoys on the surface would amount to a total prohibition against lobster fishing in the area south of the two Massachusetts islands.

Read the full story at The Ellsworth American

With US ban on Mexican seafood imports in place, vaquita court case dismissed

April 22, 2020 — A lawsuit against the U.S. government aiming to require it to enforce the Marine Mammal Protect Act in regard to the critically endangered vaquita porpoise has been dismissed after the U.S. National Marine Fisheries Service expanded a ban on imports of seafood products caught in the vaquita’s habitat.

U.S. Court of International Trade Judge Gary S. Katzmann dismissed the suit at the request of the plaintiffs, the Natural Resources Defense Council, the Center for Biological Diversity, and the Animal Welfare Institute, on 22 March.

Read the full story at Seafood Source

Lobster fishery violates Endangered Species Act, judge declares

April 13, 2020 — U.S. District Judge James Boasberg filed a 20-page order Thursday, April 9, declaring the American lobster fishery violates the Endangered Species Act.

The federal lawsuit challenged a biological opinion filed by NMFS in 2014 stating that the American lobster fishery “may adversely affect, but is not likely to jeopardize, the continued existence of North Atlantic right whales.”

The judge ruled against NMFS, noting that the agency failed to include an “incidental take statement.” That failure, the judge declared, renders the biological opinion illegal under the Endangered Species Act. The suit — filed by the Center for Biological Diversity, Conservation Law Foundation and several other environmental groups — is similar to the California Dungeness crab lawsuit (led by the Center for Biological Diversity) which also claimed the fishery violated the ESA. The finding there forced the crab fishery to file for an incidental take permit, a process that can take years, and negotiate with the plaintiffs on whether there will be fishing seasons in the interim and what those opening and closing parameters will be.

Read the full story at National Fisherman

Judge: Failure to Help Whales Skirts Endangered Species Act

April 10, 2020 — A judge has ruled the federal government failed to adequately protect endangered whales from lobster fishing activities, sending the industry and regulators scrambling to figure out what the future holds for one of America’s most lucrative marine industries.

Environmental groups sued the U.S. government claiming regulators’ failure to protect the North Atlantic right whale from harm was a violation of the Endangered Species Act. U.S. District Judge James Boasberg ruled Thursday that the National Marine Fisheries Service did just that by understating lobster fishing’s ability to kill the whales via entanglement in ropes.

Boasberg’s ruling states the service found the “American lobster fishery had the potential to harm the North Atlantic right whale at more than three times the sustainable rate,” but did not take appropriate action about that risk. A remedy will come in the future, the ruling states.

Environmental groups, including the Center for Biological Diversity, which filed the lawsuit, heralded the ruling as a victory in the fight to protect the whales, which number only about 400.

Read the full story from the Associated Press at The New York Times

Pop-up pots and the search for ‘whale-safe’ gear

April 2, 2020 — I lay becalmed one summer night trying to sail from Cutler, Maine, to Nova Scotia. I drifted in the dark, laying across the cockpit in my survival suit and listening for the thrum of a freighter that might run me downhill. Out of the inky black came a blast like a tire exploding, followed by a ringing like bellows, the sound of a great inhalation. It was a whale. I sat up, startled, but could see nothing. Right whales had been in the area that summer and frequented the channel where I lay adrift. They passed me for 15 minutes or so and then were gone.

The morning broke with the wind driving me right back to Cutler, through a carpet of lobster buoys. There are an estimated 3 million traps off the coast of Maine, ground zero for a $483 million dollar industry. Unfortunately, the last 400 North Atlantic right whales are an endangered species with a propensity to get tangled in the buoy lines of fixed-gear fishermen anywhere between Florida and Newfoundland. According to the New England Aquarium, 83 percent of these whales show signs of having been entangled at least once and 59 percent more than once.

While right whales also die from ship strikes and other causes, the environmental groups that are part of NOAA’s Atlantic Large Whale Take Reduction Team are calling for eliminating rope in the water column.

Fixed-gear fishermen on the West Coast have a similar problem. A spike in humpback whale entanglements in 2014 and 2015 led the environmental group Center for Biological Diversity to sue the commonwealth of California in 2017, resulting in a settlement that will require fishermen to limit spring fishing and pursue a conservation plan that could include ropeless or “pop-up” gear, as they call it in California.

Read the full story at National Fisherman

Lawsuit threatened over ship strikes on whales near California ports

March 11, 2020 — An environmental nonprofit has moved closer to pursuing a lawsuit claiming the Trump administration is not providing enough protection for whales and sea turtles threatened by ship strikes near ports along California’s coastline.

On March 2, the Center for Biological Diversity filed a “notice of intent to sue,” in which it demanded that the National Marine Fisheries Service and the U.S. Coast Guard change how they protect marine life within the next 60 days or face legal action.

Ships near the ports of Long Beach and Los Angeles, the nation’s two busiest ports, are on a voluntary slow-down program to reduce the striking of whales and curtail air pollution. But data from marine mammal experts and the National Oceanic and Atmospheric Administration indicate voluntary compliance has not sufficiently reduced the number of ship strikes.

“Ship strikes kill far too many endangered whales off California’s coast, and the Trump administration can’t keep ignoring a deadly threat that’s only getting worse,” said Brian Segee, an attorney at the Center for Biological Diversity. “We want good science to determine how shipping lanes are placed and managed. Ships simply don’t need to kill as many whales and sea turtles as they do.”

Read the full story at The Mercury News

Feds Agree to Consider Protections for Hawaii’s Cauliflower Coral

March 5, 2020 — The Trump administration agreed Wednesday to determine by this summer whether it will extend federal wildlife protections to Hawaii’s cauliflower coral reef.

The agreement, filed in federal court in Honolulu, comes after the Center for Biological Diversity sued claiming the National Marine Fisheries Service fails to protect the coral under the Endangered Species Act.

In its federal complaint, the conservation group said Hawaii’s cauliflower coral has been devastated by ocean warming.

Warming oceans have caused widespread bleaching of the coral, whose populations declined by 36% between 1999 and 2012, according to the conservation group. A global coral-bleaching between 2014 and 2017 killed millions of coral on hundreds of reefs from Hawaii to the Great Barrier Reef off the coast of Australia.

Read the full story at the Courthouse News Service