Saving Seafood

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

Endangered orcas get new protection from US government

August 2, 2021 — Endangered killer whales received new habitat protections from the U.S. government Friday.

The National Marine Fisheries Service finalized rules to expand the Southern Resident orca’s critical habitat from the Canadian border down to Point Sur, California, adding 15,910 square miles (41,207 square kilometers) of foraging areas, river mouths and migratory pathways.

Seattlepi.com reports that the total protected area now encompasses more than 18,000 square miles (46,620 square kilometers).

“These critically endangered orcas are finally getting the federal habitat protections they desperately need,” said Julie Teel Simmonds, an attorney at the Center for Biological Diversity.

Read the full story at the Associated Press

Conservation groups claim flaws in new federal right whale document

July 6, 2021 — Now that they have released a new biological opinion, federal fisheries managers are asking a federal court to end the ongoing litigation over the critically endangered North Atlantic right whale.  

Last month, the federal government filed for a final judgement in the lawsuit filed against the National Marine Fisheries Service by several conservation groups, including the Center for Biological Diversity, the Conservation Law Foundation, Defenders of Wildlife and the Humane Society.  

NMFS argued that, if there was an issue with the adequacy of the new biological opinion – a document from the service that states whether or not a federal action will jeopardize a species or its habitat – a new challenge would have to be filed.  

The conservation groups have pushed back against this legal logistics claim and have filed a motion of their own contending that there are several issues with the biological opinion. The new opinion does not address the issues the court found in the document’s previous iteration, which are central to the lawsuit in the first place.  

“NMFS cannot simply ignore the Court’s Opinions and Orders because it disagrees with the analysis or because compliance would be inconvenient,” the groups wrote in a recent filing. 

Last year, a federal judge found that the NMFS was in violation of the Endangered Species Act when it allowed the American lobster fishery to continue without an incidental take permit for North Atlantic right whales. Entanglements are considered one of the biggest threats to the species, which now has less than 400 individuals.  

Read the full story at the Mount Desert Islander

Whale activist attempts to intervene in right whale case

May 24, 2021 — With federal officials set to unveil new rules on the lobster fisheries at the end of the month, a well-known animal rights activist made a late attempt to try and stop the industry from being allowed to use vertical buoy ropes.

Richard “Max” Strahan tried to intervene at the beginning of the month in the federal right whale court case that holds the future of the lobster industry in its hands, but the activist’s attempt was rejected by a judge less than a week later.

Strahan filed his motion on May 8 and claimed that the only way the industry would stop using the ropes is by a court-ordered injunction. Without such an injunction, right whales would inevitably go extinct, he claimed.

He sought to prosecute the National Marine Fisheries Service, the agency responsible for the regulations, and other lobster industry groups “for their acting in concert over the course of decades to repeatedly and deliberately engage in conduct prohibited by” the Endangered Species Act, he wrote.

Read the full story at the Mount Desert Islander

NMFS Publishes Finale Rule on Humpback Whales Pacific Ocean Habitat

April 26, 2021 — Pacific Ocean humpback whales gained more protection this week as the National Marine Fisheries Service designated more than 115,000 square nautical miles as critical habitat.

The final rule covers three threatened or endangered populations of humpbacks: the Western North Pacific distinct population segment (endangered), the Central America DPS (endangered), and the Mexico DPS (threatened).

Read the full story at Seafood News

White House Finalizes Pacific Ocean Protections for Humpback Whale

April 21, 2021 — The Biden administration finalized a rule that will conserve approximately 118,000 square nautical miles of the Pacific Ocean as protected habitat for the humpback whale.

The National Oceanic and Atmospheric Administration finalized the rule that conserves a large swath of ocean off the coast of North America, spanning from Southern California to the Bering Sea in Alaska.

Conservationists tout the rule as necessary to protect three separate populations of endangered whales from ship strikes, entanglements with fishing nets and oil spills.

“Pacific humpbacks finally got the habitat protections they’ve needed for so long,” said Catherine Kilduff, an attorney with the Center for Biological Diversity. “Now we need to better protect humpbacks from ship strikes and entanglement in fishing gear, their leading causes of death.”

The finalization of the rule comes after a lengthy court battle between conservationists and the U.S. government ended in a 2018 settlement.

Read the full story at the Courthouse News Service

Suit seeks to reverse Trump changes to sea turtle protection

April 7, 2021 — Conservation groups sued on Tuesday to reverse changes made under former President Donald Trump to rules protecting sea turtles, even though federal regulators said a week ago that they were reconsidering some of those changes.

The groups hope President Joe Biden’s administration will change the rules, but the possible revisions outlined recently may not go far enough, said Jaclyn Lopez of the Center for Biological Diversity, one of the three groups.

“We’re hopeful they will do something and do something soon, but we’re not going to sit back and wait,” she said. “This is decades in the making and our patience has run out.”

“We are aware of this filing and are reviewing it,” Allison Garrett, a spokeswoman for the National Oceanic and Atmospheric Administration’s fisheries service, said in an email.

The current rule would hurt five endangered and threatened sea turtle species, especially Kemp’s ridleys, the smallest and most endangered, the groups’ news release said. Kemp’s ridleys swim throughout the Gulf and along the Atlantic Coast to New England, nesting in Mexico and along the Texas coast.

Read the full story from the Associated Press at ABC News