Saving Seafood

Whale entanglements along West Coast drop by nearly half

September 9, 2019 — A conservation group says the number of whales entangled in crab fishing gear along the West Coast dropped by nearly half this year after a lawsuit settlement ended California’s commercial Dungeness crab season early.

The Center for Biological Diversity says preliminary data released by the National Marine Fisheries Service shows 18 whale entanglements were reported in the first eight months of this year, down from 42 reports during that same period in 2018. The majority of entangled whales were spotted off California.

Read the full story at the Associated Press

Lawsuit claims Cook Inlet exploration would diminish endangered belugas

September 5, 2019 — Two environmental groups are suing the Trump administration for its decision allowing Hilcorp to disturb beluga whales as it explores Cook Inlet for offshore oil and gas.

Cook Inlet keeper is one of groups suing. Advocacy Director Bob Shavelson says seismic blasts and other exploration work would devastate a population already suffering from the effects of climate change and other factors.

“The Cook Inlet beluga whales are literally teetering on the edge of extinction,” he said. “There was a general idea that, with the halt to Native subsistence hunting in 1999, that the population would rebound. But that didn’t occur.”

Read the full story at Alaska Public Media

California Whale Entanglements Halved with Shorter Crab Season

September 4, 2019 — According to data from the National Marine Fisheries Service, the rate of whale entanglements in fishing gear along the U.S. West Coast has fallen by half this year, from about 40 incidents January-August last year to 18 incidents for the same period this year. The environmental advocacy group Center for Biological Diversity connected the improvement to a legal settlement shortening the California crab fishing season.

A lawsuit filed by the center in 2017 ultimately led to a settlement with the California Department of Fish and Wildlife and the Pacific Coast Federation of Fishermen’s Association, and the terms included ending the California crab season on April 15 instead of June 30 as scheduled.

The settlement also includes additional measures to mitigate entanglement risks. It promotes the use of ropeless gear and creates a system for assessing risks to whales and triggering area closures when necessary.

Read the full story at The Maritime Executive

New lawsuit seeks protection zone for Northwest orcas

August 20, 2019 — A new U.S. lawsuit filed Monday seeks to establish a whale protection zone for endangered orcas in the Pacific Northwest.

The Center for Biological Diversity and the Orca Relief Citizens’ Alliance sued NOAA Fisheries in U.S. District Court in Seattle, saying the agency has failed to act on a petition it filed in 2016.

The petition sought to bar vessels from a 10- to 12-square-mile (26- to 31-square-kilometer) area west of San Juan Island where the orcas, called southern resident killer whales, feed from April through September each year. Any vessels exempted from the ban would be required to abide by a “no wake” rule in the zone.

Read the full story from the Associated Press at ABC News

Environmental groups say they’ll sue over green sea turtle habitat

August 15, 2019 — The United States should designate more critical habitat for the endangered green sea turtle, according to three environmental groups that say they will sue the government to force it to declare additional protected areas.

The groups filed a formal notice of intent Tuesday to sue the Fish and Wildlife Service and Acting Secretary of the Interior David Bernhardt. The plaintiffs are the Center for Biological Diversity, Sea Turtle Oversight Protection and Turtle Island Restoration Network.

The lawsuit notification comes as the Trump administration announced major changes to the enforcement and rule-making surrounding the Endangered Species Act. The new rules are to take effect 30 days after the administration publishes them in the Federal Register, but they only will impact new decisions.

Read the full story at UPI

Oregon wants to untangle whales from crab fishery

July 23, 2019 — Oregon fishery managers are changing how the state’s lucrative Dungeness crab fishery will be managed to avoid tangling whales in commercial fishing gear.

Though the changes happening this season are relatively minor for commercial fishermen, difficult discussions are on the horizon.

The number of whales entangled so far this year off Oregon, Washington state and California appears to be down compared to prior years, according to preliminary reports. But Oregon wants to avoid a lawsuit like the one brought against California by the Center for Biological Diversity. That lawsuit, over impacts to whales from commercial fishing activities, settled in March.

For now, fishery managers will eliminate a two-week postseason cleanup period in the commercial Dungeness fishery — a grace period for fishermen to clear gear out of the water. Instead, all commercial gear must be out of the water by the last day of the season on Aug. 14.

The measure, along with others, including the introduction of new buoy tags to help better identify gear, were among a list of recommendations proposed by the Oregon Whale Entanglement Working Group. The stakeholder group, which includes fishermen and industry representatives as well as researchers and fishery managers, began meeting in 2017 following several years of record-high incidents of whale entanglement.

Read the full story at The Astorian

Environmental Group Sues Over Ice Seal Habitat Decision

June 17, 2019 — An environmental group sued the Trump administration Thursday for failing to designate critical habitat for two species of seals that rely on sea ice off Alaska’s northwest coast.

The Center for Biological Diversity sued the Department of Commerce and the National Marine Fisheries Service for not designating critical habitat for threatened ringed and bearded seals. Agency spokeswoman Julie Speegle said by email the agency does not comment on ongoing litigation.

Designation of critical habitat for a threatened species is required by the Endangered Species Act a year after a listing. Federal agencies that authorize activities such as oil drilling within critical habitat must consult with wildlife managers to determine if threatened species will be affected.

Center for Biological Diversity attorney Emily Jeffers, who drafted the lawsuit, said by phone from Oakland, California, that additional protections are needed for ringed and bearded seals, which already are losing habitat because of climate warming.

“It’s where the rubber hits the roads in terms of actual protections,” she said.

Read the full story from the Associated Press at the Courthouse News Service

Lawsuit Challenges NMFS Exempted Fishing Permits for Two Pelagic Longline Vessels Off California

June 10, 2019 — SEAFOOD NEWS — The Center for Biological Diversity and Turtle Island Restoration Network sued the Trump administration this week for permitting a new longline fishery — two vessels –in the Pacific Ocean.

The fishery, authorized in May by the National Marine Fisheries Service, would operate off California despite a federal ban on longline gear created in 2004 to protect sea turtles. This fishing will threaten endangered leatherback sea turtles, as well as olive ridley and loggerhead sea turtles and Guadalupe fur seals, the Center said in a press release.

“Leatherback sea turtles need to catch a break, not a longline hook,” Catherine Kilduff, a Center senior attorney, said in the release. “Californians demand more selective and sustainable fishing for swordfish. But the indiscriminate longlines authorized by the Trump administration will hook, injure and drown endangered species off our coast.”

“This is basically the same fishery the agency outlawed fifteen years ago, and the same agency is using a backdoor maneuver to get the fishery reopened,” Todd Steiner, executive director of Turtle Island Restoration Network stated. “Sea turtles could go extinct if deadly longline fisheries are expanded. And it’s not just in California— the Hawaii longline fleet has been forced to close early two years in a row because they have exceeded their legal turtle take. It makes no sense to re-authorize this wasteful fishery off of California.”

The exempted fishing permit has been years in the making and was approved unanimously by the Pacific Fishery Management Council after being fully vetted by the Council, its advisory bodies and the public. NMFS then issued the permit that allows for only two fishermen on two vessels to target highly migratory tuna and swordfish.

The EFP requires 100% monitoring by observers and establishes hard caps on ESA-listed species. That is, fishing must stop if the number of incidental interactions with animals exceed certain parameters. It also excludes any fishing within 50 miles of the coast or offshore islands and requires a full suite of verified mitigation techniques be used during all test fishing. These techniques are known to reduce or eliminate interactions with sea birds, sea turtles and marine mammals.

In fact, NMFS issued terms and conditions for the EFP that are more restrictive than those listed in the original application.

“NOAA’s decision is a huge win for American fisheries, fishermen and ultimately, the environment,” Dave Rudie, owner of Catalina Offshore Products and President of the California Pelagic Fisheries Association, said in a statement. “It will greatly benefit San Diego and southern California and our consumers as well.”

The new permits could increase reliance on local seafood, particularly where swordfish and tuna are concerned. The North Pacific swordfish population is very healthy and would support a substantial additional harvest according to all international fisheries experts and published reports. Any increase in U.S. fisheries production improves America’s seafood security as well as provides for a sustainable ecosystem footprint often lacking in the weak environmental oversight of foreign fisheries, the association noted in a press release.

The Center said Pacific leatherback sea turtles are highly endangered, with scientists predicting their extinction in 20 years. Yet the exempted fishery will occur in an area that includes the Pacific Leatherback Conservation Area, which prohibits swordfish fishing using drift gillnets to protect leatherback sea turtles.

However, the increased mitigation requirements mandated by NMFS specify no-fishing areas such as the Southern California Bight and within leatherback critical habitat or 50 nautical miles from the coast, whichever is greater.

The lawsuit, filed in the U.S. District Court for the Northern District of California, states NMFS’ issuance of the permit violated several environmental laws, including the Endangered Species Act and National Environmental Policy Act. The suit seeks to invalidate the permit, protecting the turtles and seals from longlines.

NMFS issued the permit May 8.

This story was originally published on SeafoodNews.com, a subscription site. It is reprinted with permission.

Environmental groups file federal suit to stop California longline fishery

June 6, 2019 — Two environmental groups filed a lawsuit against the administration of U.S. President Donald Trump on Thursday, 6 June, claiming it used a “backdoor maneuver” to permit a new longline fishery off the California coast.

In a statement, the Center for Biological Diversity and Turtle Island Restoration Network said NOAA Fisheries did not comply with the Endangered Species Act when it approved the longline fishery last month. The fishery will consist of two fishing vessels utilizing lines with numerous hooks that stretch for miles to catch tuna and swordfish.

The groups fear endangered species such as Pacific leatherback turtles will end up caught in some of the hooks and potentially die from the interaction. Scientists believe those leatherbacks could become extinct within two decades.

“The failure of the Fisheries Service to comply with environmental laws in issuing the Permit diminishes leatherback sea turtles’ slim chance to defy predictions of extinction,” the complaint, filed in the Northern District of California, states.

Officials issued the permit even though NOAA Fisheries banned longlines 15 years ago.

“This is basically the same fishery the agency outlawed 15 years ago, and the same agency is using a backdoor maneuver to get the fishery reopened,” Turtle Island Restoration Network Executive Director Todd Steiner said in a statement.

Read the full story at Seafood Source

Killers and kings: West Coast group intervenes in orca lawsuit

May 31, 2019 — On Wednesday, May 29, the federation, the West Coast’s largest trade organization of small-scale commercial fishermen, filed its opposition to the lawsuit filed in a Seattle federal court lawsuit on April 3, by the Wild Fish Conservancy and the Center for Biological Diversity.

The suit was reportedly filed to protect endangered Southern Resident Killer Whales which eat primarily king salmon, by arguing that their food supply is not well managed. This orca subgroup migrates from California’s coastal waters to Washington’s Puget Sound and into British Columbia. West Coast salmon fisheries outside of state waters are managed by the Pacific Fishery Management Council, which prioritizes sustainability and replenishment.

The suit claims that federally managed ocean salmon fisheries are allowing commercial harvest of the orcas’ food supply, which is contrary to NMFS data and management standards that commercial salmon fisheries have little or no impact on the whales. For many years the council has managed West Coast salmon fisheries to minimize any potential competition between orcas and fishermen, including through a NMFS-approved 2009 biological opinion, which contains various required mitigation measures that further minimize and mitigate impacts to the endangered whales.

“Seafood lovers on the West Coast should be proud of their fisheries management system, which is among the best in the world,” said Noah Oppenheim, executive director of the Pacific Coast Federation of Fishermen’s Associations. “The Center for Biological Diversity and Wild Fish Conservancy lawsuit against the National Marine Fisheries Service is naïve, counterproductive, and unnecessary. By suing, these two groups instead undermine the extraordinary coalition of scientists, managers, commercial fishermen, and conservationists that has come together to identify the strategies that will be used to recover the Southern Resident Killer Whale population.”

Read the full story at National Fisherman