Saving Seafood

Supreme Court says bearded seal still threatened, despite legal battle

January 23, 2018 — While the federal government was shut down on Monday, the federal courts were still making decisions.

The U.S Supreme Court decided to keep the bearded seal as threatened under the Endangered Species Act — rejecting an oil and gas industry challenge to the animal’s protection status.

The marine mammal was listed in 2012, due to melting sea ice. But the Alaska Oil and Gas Association or AOGA and the American Petroleum Institute thought the listing was premature.

Joshua Kindred, an environmental counselor at AOGA, said he was “disappointed” in the supreme court’s decision.

He said the National Marine Fisheries Service didn’t provide enough evidence to warrant a listing.

“They didn’t ever really show from a scientific point of view why the seasonal sea ice was so critical to their long-term health of the species,” he said.

Kindred said there also wasn’t sufficient guidance for a plan moving forward. He said excessive critical habitat designations can slow oil and gas development.

The Center for Biological Diversity has fought to keep the bearded seal’s protection status.

Read the full story at KTOO Public Media

 

Conservation groups sue to force greater protection for North Atlantic right whale

January 19, 2018 — Three national organizations went to court Thursday in an effort to force the federal government to provide greater protections for the endangered North Atlantic right whale.

The plaintiffs allege that the federal government has failed to manage the fishing industry by not enforcing the Endangered Species Act and the Marine Mammal Protection Act. Scientists say right whales are facing extinction largely because the animals die after becoming entangled in lobster trap lines and commercial fishing gear.

The civil suit against the National Marine Fisheries Service and the U.S. Secretary of Commerce was filed Thursday in federal court in Washington, D.C., by the Center for Biological Diversity, Defenders of Wildlife, and the Humane Society of the United States.

During a meeting in Halifax, Nova Scotia, in October, scientists said the species is doomed to extinction by 2040 if humans don’t make substantive changes to protect them. A total of 17 right whales were found dead last summer and fall in the waters of the Gulf of St. Lawrence and off Cape Cod.

Dave Cousens, president of the Maine Lobsterman’s Association and a lobsterman who fishes out of South Thomaston, said he wasn’t surprised by the lawsuit after last year’s die-off.

“A lot of whales died,” Cousens said. “We have done a lot (to avoid entanglements) in Maine, and I have to say I don’t think Maine has been the cause of any of the deaths.”

Cousens said he fully expected that conservation organizations would demand that additional steps be taken to avoid entanglements with fishing gear.

In the suit, plaintiffs sharply criticize the NMFS for supporting a 2014 biological opinion that found commercial fisheries are likely to kill or seriously injure more than three North Atlantic right whales a year, but also led the federal agency to conclude “that the fishery is not likely to jeopardize the continued existence of North Atlantic right whales.”

Read the full story at the Portland Press Herald

 

NOAA sued to limit lobster fishery

January 18, 2018 — ELLSWORTH, Maine — Last year, at least 17 endangered North Atlantic right whales died in Canadian waters and off the coast of New England. Some of those deaths were attributed to the whales’ entanglement with lobster fishing gear.

On Thursday, three conservation organizations sued the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service in the federal district court in Washington, D.C. to force the agency to impose stricter regulations on lobstermen fishing in federal waters.

The suit, filed by the Center for Biological Diversity, Defenders of Wildlife and The Humane Society of the United States, asks the court to rule that the National Marine Fisheries Service is violating the federal Endangered Species Act and Marine Mammal Protection Act by allowing the lobster fishery to continue without adequate protection for right whales.

The complaint also asks the court to require that the agency “implement additional mitigation measures to reduce the risk of entanglement of North Atlantic right whales.”

Read the full story at the Mount Desert Islander

 

Center For Biological Diversity Takes Aim at California Dungeness Fishery With New Petition

November 15, 2017 — SEAFOOD NEWS — The Center for Biological Diversity is attacking the California Dungeness Crab fishery again — this time under the Marine Mammal Protection Act.

A petition, co-signed by the Turtle Island Restoration Network, asks the National Marine Fisheries Service to designate the California crab fishery as a Category 1 fishery under the Marine Mammal Protection Act because of its rising injuries to humpback, blue, killer and gray whales, the Center said in a press release. Moving the fishery into the top category of concern would prioritize state and federal resources to help protect whales along the West Coast, the statement also said.

But the press release fails to note the petition itself goes much deeper. The Center focuses on the Central American breeding population of humpback whales — which feed primarily in California waters.

CBD cites an estimated average of 1.35 mortalities per year between 2011-2015. The Center also references the potential biological removal (PBR) of 0.8 in the stock assessment is below the estimated mortalities.

“This shows that the California Dungeness crab pot fishery – and not the
Oregon or Washington Dungeness crab pot fishery – primarily impacts the Central America [distinct population segment]. Without additional information, all interactions of the California Dungeness crab pot
fishery should be assigned to the Central America DPS,” the center says in the petition.

However, the years cited do not include the most recent seasons, when fewer whales were entangled.

Furthermore, the Center requests NOAA add blue whales; the offshore stock of killer whales; and the endangered Western North Pacific population of gray whales — of which three of seven tagged whales have been documented on the West Coast — to the list of marine mammals injured or killed in the California crab fishery.

A 2017-18 Risk Assessment and Mitigation Program (RAMP) report, a pilot program put together by the California Dungeness Crab Fishing gear Working Group, identifies four priority factors that evaluate elevated risk of whale entanglements: crab season delay, forage/ocean conditions, whale concentrations and rate of entanglements. The report uses established data sources and the expertise of the working group members to determine entanglement risks.

The Working Group determined the whale concentration risk level is moderate; rate of entanglements risk is low; the chance of a season delay is low; and whale forage and ocean conditions risk level also is low.

The Central California crab season opened today, although some smaller vessels may be holding off for better weather.

“We are excited with the on-time opening of our local Dungeness crab season,” Angela Cincotta, with Alioto-Lazio Fish Company, said this morning. “We pray that all of our fishermen stay safe while the weather bats them about the sea. We are thankful for their commitment to our industry and their respect of the oceans.”

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

 

Climate Change Projections Can Be Used To List A Species As Threatened, US Court Rules

October 25th, 2016 — In a landmark ruling Monday, a U.S. appeals court said that the National Marine Fisheries Service (NMFS) — a federal agency — had acted reasonably when it proposed to list certain populations of bearded seals in Alaska as “threatened” under the Endangered Species Act. The decision, which reverses a 2014 ruling by a lower court, could pave the way for other species being accorded protections based on their vulnerability to projected changes in climate.

“This is a huge victory for bearded seals and shows the vital importance of the Endangered Species Act in protecting species threatened by climate change,” Kristen Monsell, attorney for the Center for Biological Diversity — which had, in 2008, filed a petition to list the species as threatened, said in a statement. “This decision will give bearded seals a fighting chance while we work to reduce the greenhouse gas emissions melting their sea-ice habitat and keep dirty fossil fuels in the ground.”

The Pacific bearded seal is one of the two subspecies of bearded seals. Although it is currently listed as “Least Concern” by the International Union for Conservation of Nature, the Center for Biological Diversity and the NMFS estimate — based on data from the Intergovernmental Panel on Climate Change — that the seals’ winter sea-ice habitat in the Bering and Okhotsk seas off Alaska and Russia would decline by at least 40 percent by 2050, and that the subspecies would be endangered by 2095.

Read the full story at the IBT Times 

ALASKA: Center for Biological Diversity: Fracking will harm endangered beluga whale

June 23, 2016 — JUNEAU, Alaska — A national environmental group on Wednesday asked federal fisheries officials to block an oil company’s plans for offshore hydraulic fracturing underneath Alaska’s Cook Inlet because of the threat to the inlet’s population of endangered beluga whales.

The Center for Biological Diversity in a letter to the National Marine Fisheries Service said fracking increases risks of spills, earthquakes and toxic pollutants to belugas, which were declared endangered in 2008.

“Offshore fracking poses a grave and imminent threat to critically endangered Cook Inlet beluga whales,” said center attorney Kristen Monsell.

The chief executive officer of the company, BlueCrest Energy, said he doesn’t even consider the plans to be offshore drilling.

Fort Worth, Texas-based BlueCrest’s well will be on shore, said CEO Benjamin Johnson. The company will drill horizontally up to four miles to reach deep oil deposits and create fractures of about 200 feet, said CEO Benjamin Johnson.

Read the full story at the Juneau Empire