Saving Seafood

Federal court rules fisheries officials didn’t do enough to protect right whales from lobster gear

July 8, 2022 — A federal court on Friday ruled in favor of environmental groups that had filed a lawsuit against the government and the Maine Lobstermen’s Association claiming federal fisheries officials had failed to protect endangered North Atlantic right whales from potentially fatal entanglements in lobster fishing gear, records show.

A judge ruled that NOAA Fisheries had violated the Marine Mammal Protection Act and Endangered Species Act when it issued a May 2021 biological opinion and a September 2021 final rule because officials had not done enough to reduce the lobster fishery’s threat to right whales, the plaintiffs in the suit said in a statement.

The lawsuit was filed in 2018 by the Center for Biological Diversity, the Conservation Law Foundation, and Defenders of Wildlife.

Read the full story at The Boston Globe

Maine lobster industry fights lawsuit that aims to shut down fishery

March 18, 2022 — While Maine’s lobster industry has been fighting an offensive legal battle against impending rules to protect endangered North Atlantic right whales, it also is playing defense in a case brought by environmentalists that seeks to shut down the lobster fishery entirely.

Lobster industry groups are intervening in a case brought in Washington, D.C.’s U.S. District Court by the Center for Biological Diversity and other plaintiffs that argues the new federal restrictions aren’t adequate, and that the fishery’s continued operation poses an existential threat to the whales.

The plaintiffs in that case, Center for Biological Diversity v. (U.S. Commerce Secretary) Gina Raimondo, are asking the court to vacate a National Marine Fisheries Service “biological opinion” that serves as the basis for the new restrictions and conservation plan, saying they don’t go far enough to meet the requirements of the Endangered Species Act and Marine Mammal Protection Act.

Lawyers for the lobster industry recently filed a legal brief arguing that the environmental groups are misreading the two laws and attempting to force the state’s lobster fishery under federal jurisdiction.

Read the full story at the Portland Press Herald

Protections sought for world’s most endangered whale

March 15, 2022 — A formal petition has been filed by conservationists to expand federal protection for North Pacific right whales. With only 30 individuals left, this makes the right whale the most endangered whale in existence.

Advocates say the petition, which calls to protect the whale’s migratory areas, will give them a fighting chance for survival.

Threats to the species continue to grow as shipping traffic skyrockets through Alaska, which is only expected to continue. In a press release issued by the Center for Biological Diversity, the group says that surging trans-Arctic shipping traffic is one of the many threats to right whale habitat, including climate change and melting sea ice that is expected to open shipping routes and increase the risk of vessel strikes.

Read the full story at Alaska’s News Source

Feds say pesticide won’t destroy species

March 9, 2022 — The Fish and Wildlife Service has concluded that the pesticide malathion does not jeopardize threatened and endangered species or their habitat.

In a much-awaited study that’s drawing sharp criticism from environmentalists, the federal agency backed off its most recent draft conclusion that the registration of malathion for use was likely to threaten 78 species and destroy or adversely modify 23 critical habitats (Greenwire, April 21, 2021).

“The Biden administration has squandered a historic opportunity to rein in the dangerous use of one of the world’s worst neurotoxic pesticides,” Lori Ann Burd, environmental health director at the Center for Biological Diversity, said in a statement today.

Burd noted that NOAA Fisheries recently released its own updated biological opinion that determined malathion and two other organophosphate pesticides jeopardize endangered U.S. salmon, sturgeon and steelhead species, as well as Puget Sound orcas.

Read the full story at E&E News

Suit: Agencies fail to protect marine species from oil

January 27, 2022 — A conservation group says in a lawsuit that the U.S. government failed to protect endangered whales and other animals by underestimating the potential for an oil spill like a recent crude pipeline leak off California’s coast.

The Center for Biological Diversity filed a lawsuit in federal court Wednesday saying Interior Department agencies and the National Marine Fisheries Service didn’t ensure offshore oil and gas production wouldn’t jeopardize endangered and threatened species in accordance with U.S. law.

The lawsuit says the Service found in a 2017 analysis that oil and gas production wouldn’t likely have an adverse effect on threatened marine life off California’s coast, there was a low likelihood of an offshore oil spill and if one occurred, it would likely involve no more than 8,400 gallons (31,800 liters). The suit asks the court to vacate the analysis and bar new oil activity unless government agencies comply with the law protecting endangered species.

Read the full story from the Associated Press

 

Lawsuit over whale protections off Maine’s coast to proceed

November 15, 2021 — A federal judge has declined to throw out a lawsuit against the federal government seeking tougher rules to protect critically endangered North Atlantic right whales from collisions with ships.

The lawsuit, filed by the Center for Biological Diversity, Conservation Law Foundation and other environmental groups in 2012, seeks to force the National Marine Fishery Service (NMFS) to take aggressive steps to protect the right whale population by setting a speed limit for vessels to prevent collisions.

The groups filed a new petition to the court last year accusing the federal agency of dragging its feet on responding to their request for new whale protection rules.

The Biden administration had asked the court to dismiss the lawsuit, but U.S. District Court judge Amit Mehta ruled on Wednesday that the federal agency “cannot ignore its obligation to fully and properly consider a petition for rulemaking.”

Read the full story at The Center Square

U.S. waterways plan draws lawsuit over species impacts

October 13, 2021 — A U.S. plan to expand the commercial use of navigable waterways increases risks to already imperiled species like the North Atlantic right whale, an environmental group claims in a lawsuit filed in Newport News, Virginia federal court on Tuesday.

The Center for Biological Diversity accuses the U.S. Maritime Administration, part of the Department of Transportation, of violating the Endangered Species Act (ESA) with its America’s Marine Highway program by failing to consult with the Fish and Wildlife Service and the National Marine Fisheries Service to ensure the program does not jeopardize species protected under the statute.

The Center for Biological Diversity says that many of the marine highways are located in critical habitats for ESA-listed species, including humpback whales and leatherback sea turtles.

Read the full story at Reuters

MAINE: Mills Administration To Fight Right Whale Lawsuit That Could Lead To ‘Draconian’ Effects On Lobster Industry

September 15, 2021 — The Mills administration says it’s pursuing several actions to contest recently-released lobstering restrictions designed to protect endangered right whales. It’s also intervening in an ongoing lawsuit that officials say could be more devastating to the industry.

Marine Resources chief Patrick Keliher says that Gov. Janet Mills is hiring private attorneys to help fight a lawsuit in the U.S. D.C. Circuit Court brought by the Center for Biological Diversity and other conservation groups that are challenging the data used by the federal government to issue lobstering regulations to protect right whales.

Keliher says prevailing in that lawsuit won’t undo the new federal lobstering regulations that effectively close off traditional lobstering for 950 square miles of the Gulf of Maine from October through January.

Read the full story at Maine Public

 

MAINE: Lobstermen and conservationists sound off on new lobster regs 

September 9, 2021 — The day after new rules for the lobster fishery aimed at preserving the North Atlantic right whale came down from the federal government, Richard Larrabee Jr., an offshore lobsterman, was fuming.   

“I’m pissed as hell,” he said. “This makes no sense.”   

He wasn’t the only one. Both supporters of Maine’s lobster industry and conservation groups were displeased with the National Oceanic and Atmospheric Administration’s new rules, though largely for different reasons.  

Larrabee, who fishes out of Stonington, called it a textbook example of government overreach and said it wasn’t based in science. The Center for Biological Diversity, which has been waging legal battles on behalf of the critically endangered species, called them “half measures” that can’t be expected to save the whales.   

Read the full story at the Mount Desert Islander

 

House Democrats Agree to $100 Million Allocation for Critically Endangered Species

August 31, 2021 — In a memo released by the House Natural Resources Committee, House Democrats will provide $550 million to the US Fish and Wildlife Service in the upcoming budget reconciliation package, including $100 million for some of the most critically imperiled species in the United States.

The legislation will include $25 million to conserve and restore four of the most imperiled types of endangered species in the United States: butterflies, eastern freshwater mussels, Southwest desert fish and Hawaiian plants.

“This is the largest investment in the recovery of endangered species in a generation, and I couldn’t be more thrilled,” said Brett Hartl, government affairs director at the Center for Biological Diversity. “If we’re going to tackle the extinction crisis and save these incredible species from the brink, this is exactly the type of bold action that’s needed.”

The reconciliation language mirrors Chairman Raúl Grijalva’s Extinction Prevention Act of 2021, which would fund on-the-ground conservation actions to stabilize the four groups of struggling endangered species.

A 2016 study found that Congress only provides approximately 3.5% of the estimated funding the Fish and Wildlife Service’s scientists say is needed to recover species. Roughly 1 in 4 species receives less than $10,000 a year toward recovery, and many of the endangered species that will benefit from this funding receive nothing for recovery in a given year.

Read the full story at Maui News