Saving Seafood

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.

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 Thursday.

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.

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

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