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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

Supreme Court to Review Endangered Species FOIA Case

March 3, 2020 — The Supreme Court is taking up the Trump administration’s legal quest to keep certain Endangered Species Act records from the public eye.

The justices agreed Monday to review a petition from two U.S. agencies trying to reverse a court order to release draft documents from a controversial species consultation process. The Freedom of Information Act case could have broad ramifications for agency disclosure in other contexts.

Government lawyers warned in their petition that allowing the order to stand would undermine a FOIA exemption that allows for “candid” communication between agencies during decision-making processes. But the Sierra Club, which filed the underlying case, says FOIA doesn’t allow agencies to shield important records simply by labeling them drafts.

“If an agency makes a decision that alters the course of either another agency’s decision-making or affects the public, it doesn’t get to just stamp that document ‘draft’ or ‘secret’ or ‘for our eyes only’ or anything else,” Sierra Club attorney Sanjay Narayan told Bloomberg Law.

Some legal analysts predict that the court’s decision to take the case means the justices will side with the government.

Read the full story at Bloomberg Law

After 2017 Lawsuit, Fewer Whales Entangled As Crab Fishers Face Financial Struggle

February 14, 2020 — The Dungeness crab fishery in California recently shut down months early after a 2017 lawsuit filed by the Center for Biological Diversity (CBD) that required crab fishers to pull their gear out of the water with only 3 weeks notice. A settlement agreement was reached in March 2019, which included an early closure for the 2018-2019 Dungeness crab fishing season. Fishing gear is a serious threat to whales that live in, and migrate through, California waters. The California Dungeness Crab Fishing Gear Working Group, convened by the California Department of Fish and Wildlife (CDFW), informs regulators on ways in which to minimize entanglement risks and protect whales.

Why have there more whale entanglements recently?

According to a new paper published in the journal Nature Communications climate change could be responsible. According to lead researcher Jarrod Santora, warming events in recent years, combined with recovering whale populations cause whales to come in contact with crab fishing gear more regularly.

Crab season in California occurs between November and mid-July. Warming events in 2014-2016 caused an increase in the marine algae Pseudo-nitzschia which produce the neurotoxin domoic acid (the toxin causes shellfish poisoning in humans). In 2016, high levels of toxins delayed the crab season until March. In addition, the warmer waters changed feeding habits of humpback whales, steering them closer to shore where food was more prevalent. This perfect storm of events led to a sharp spike in observed whale entanglements in 2017. 70% of the whale entanglements reported in 2017 in the United States involved fishing gear.

Read the full story at Forbes

ALASKA: Bristol Bay seal suit: Endangered listing could disrupt Pebble Mine permit

February 13, 2020 — On Wednesday, Feb. 12, the U.S. Army Corps of Engineers reportedly conceded that there may be a new hurdle on the horizon for Pebble Mine permitting.

On Feb. 6, the environmental group Center for Biological Diversity filed a lawsuit seeking Endangered Species Act protection for Lake Iliamna harbor seals, one of only two harbor seal populations living exclusively in fresh water, whose population now numbers about 400, according to the center.

“Alaska’s unique and imperiled freshwater seals need federal protection,” said Kristin Carden, a scientist at the Center for Biological Diversity. “The Pebble Mine threatens the very survival of the Iliamna Lake seals and the fish species they depend on to survive. Even if the mine is stopped, climate change will drive these rare and beautiful animals toward extinction.”

Subsistence hunters in the region harvest lake seals. The center advises that its lawsuit would not interfere with subsistence hunting or fishing by Alaska natives. Whether it may affect commercial fisheries in Bristol Bay remains to be seen.

Read the full story at National Fisherman

Trump administration sued over endangered Florida sea turtle protection from climate change

January 9, 2020 — Several environmental groups filed a lawsuit Wednesday claiming agencies in the Trump administration have failed to protect green sea turtle habitat as required by the Endangered Species Act.

The lawsuit, filed in U.S. District Court for the District of Columbia, says the turtles’ nesting beaches in Florida, Georgia, North Carolina and South Carolina, as well as their ocean habitat, face threats from sea level rise brought on by climate change and plastic pollution, according to a news release from the Center for Biological Diversity, one of the plaintiffs.

Other plaintiffs are the Sea Turtle Oversight Protection and the Turtle Island Restoration Network.

Read the full story at the Treasure Coast Newspaper

Federal court stops longline fishing to protect turtles

January 8, 2020 — Longline fishing won’t be allowed off the California coast, after a federal district court suspended permits for the fishing method.

In December, the court struck down longline fishing permits that the National Marine Fisheries Service issued last spring, ruling that the service didn’t properly analyze threats to critically endangered leatherback sea turtles.

“The permits were vacated by the court, so the permits are no longer in effect,” said Catherine Kilduff, an attorney with the Center for Biological Diversity, which filed a lawsuit with Turtle Island Restoration Network, challenging the permits.

The National Marine Fisheries Service declined to comment on the case while it analyzes the decision, spokesman Jim Milbury said.

Read the full story at The San Diego Union-Tribune

Environmental groups file federal suit seeking green sea turtle habitat protections

January 8, 2020 — Three conservation groups filed a lawsuit in federal court on Wednesday, 8 January, against the administration of U.S. President Donald Trump, claiming it has not done enough to protect green sea turtle habitats across the country from a variety of threats.

The Center for Biological Diversity (CBD), the Turtle Island Restoration Network, and Sea Turtle Oversight Protection claim NOAA Fisheries and the U.S. Fish and Wildlife Service determined nearly four years ago that the turtles still required protection under the Endangered Species Act (ESA) because of threats from climate change and rising sea levels.

Read the full story at Seafood Source

Judge sides with Olema environmental group on sea turtle protections

January 3, 2020 — A federal judge has sided with an Olema-based conservation group in finding the federal government violated environmental laws including the Endangered Species Act by allowing longline fishing in West Coast waters without assessing threats to endangered sea turtles.

Judge Kandis A. Westmore of the U.S. District Court of Northern California wrote in her ruling late last month that the National Marine Fisheries Service’s issuance of two longline fishing permits earlier this year would “reverse protections in place for leatherback sea turtles despite continuing population declines and the agency’s admission that the extinction of Pacific leatherbacks ‘is almost certain in the immediate future.’”

As part of her Dec. 20 order, Westmore set aside the two fishing permits that were issued in May as well as the agency’s finding that the fishing would have no significant environmental impacts.

Todd Steiner, executive director of the Olema-based Turtle Island Restoration Network, which co-led the lawsuit with the Center for Biological Diversity, said the fishing permits were essentially a back-door attempt by the Trump administration to reopen longline fishing despite a 2004 federal ban. The lawsuit was filed in June.

“We have closed the back door and leatherback sea turtles are safe from drowning on the ends of longline fishing hooks,” Steiner said.

Read the full story at The Marin Independent Journal

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