Saving Seafood

Groups sue to restrict salmon fishing, help Northwest orcas

April 4, 2019 — Federal officials say they may restrict salmon fishing off the West Coast to help the Pacific Northwest’s critically endangered killer whales, but two environmental groups are suing anyway to ensure it happens.

The Center for Biological Diversity, which filed a lawsuit nearly two decades ago to force the U.S. government to list the orcas as endangered, and the Wild Fish Conservancy asked the U.S. District Court in Seattle on Wednesday to order officials to reconsider a 2009 finding that commercial and recreational fisheries did not jeopardize the orcas’ survival.

The National Marine Fisheries Service issued a letter early last month indicating that it intends to do so. Julie Teel Simmonds, an attorney with the Center for Biological Diversity, said the point of the lawsuit is to ensure they finish the job with urgency, given the plight of the whales, and to take short-term steps in the meantime to help provide more of the orcas’ favored prey, Chinook salmon.

“We have got to figure out how to get them more salmon,” she said. “Since 2009 it’s become much more crystallized just how critical prey availability is to their reproductive success and survival.”

The Endangered Species Act requires the government to certify that any actions it approves won’t jeopardize the survival of a listed species. In the 2009 review, experts found that it wasn’t clear how a lack of prey affected orcas, but that the fisheries were not likely to contribute to their extinction.

Read the full story at the Associated Press

CDFW, Center for Biological Diversity, PCFFA Agree to Whale Entanglement Settlement

March 28, 2019 — SEAFOOD NEWS — In less than a month, California crabbers will have to pack in their crab pots and end their season, thanks to a settlement agreement filed in federal court Tuesday.

The legal settlement protects whales and sea turtles from entanglement in commercial Dungeness crab gear. The Center for Biological Diversity sued the California Department of Fish and Wildlife in October 2017 after a drastic increase in the number of whale entanglements off the West Coast.

In a joint statement between the Center, CDFW and the Pacific Coast Federation of Fishermen’s Associations, who intervened in the lawsuit on behalf of the fishing industry, the entities said Californians will be pleased to know that Dungeness crab will be caught off the coast with greater care for endangered wildlife under the settlement. The early closure this year is just one of many stipulations in the settlement.

“As I’ve said many times, no one wants whale entanglements to happen,” CDFW Director Charlton H. Bonham said in the press release. “This agreement represents hours of intense negotiation to help ensure they don’t happen while supporting the resiliency of the crab fishery in the long run. I am thankful for the leadership of the Center for Biological Diversity and the Pacific Coast Federation of Fishermen’s Associations who realized something needed to be done together.”

“This is great news for whales and sea turtles fighting extinction off California’s coast,” Kristen Monsell, a Center for Biological Diversity attorney, said in the statement. “The settlement will reduce serious threats from crab gear to these beautiful and highly endangered animals. This agreement is a turning point that gets us closer to zero entanglements and a healthy ocean.”

The settlement, subject to court approval, creates a comprehensive approach to the problem of whale entanglements. It expedites state regulation, ensures stakeholder input from the Dungeness Crab Fishing Gear Working Group and formalizes a first-ever commitment by CDFW to pursue a federal permit for protecting endangered species. While these steps are executed, the settlement calls for this year’s crab season to end three months early and prescribes protective measures for future springtime fishing seasons, when the greatest number of whales are present off the California coast.

In November 2018, CDFW announced it would seek a federal permit under the Endangered Species Act to address protected species interactions with the crab fishery. Obtaining a permit and developing a conservation plan as part of that process can take years, so the settlement spells out interim protections.

“This settlement represents the path back to normality for California’s crab fishery with built-in protections for whales and crab fishing operations under the Endangered Species Act,” PCFFA Executive Director Noah Oppenheim said in the statement. “The past several years have been extraordinarily challenging for fishing families, and the actions we’re taking here are no exception. But in the end, we’re going to emerge together with a resilient, prosperous, and protective fishery that will continue to feed California and the nation.”

However, as word got out that crabbers would have to pull their gear soon, frustration and anger followed.

Bodega Bay crab fisherman Tony Anello was quoted in the Press-Democrat as saying, “It hurts. Guys like me, right now I want to fish to the end.”

Most of the crab season is over in the first few weeks after it opens. As the crab supply dwindles, ex-vessel prices frequently rise and some of the fishermen rely on the limited supply for small markets in the spring and summer.

Already many large processors have stopped buying crab and turned to other fisheries as the pink shrimp and salmon seasons are set to open soon.

Fishermen and processors in other states are still waiting to understand the full ramifications of the agreement. What it will mean for next year’s fishery, whether the Center may sue other states, how regulations will change are all in question right now.

For example, the California Dungeness Crab Fishing Gear Working Group, started in 2015 in reaction to whale entanglements, has made progress, but apparently not enough to satisfy the Center. Kristin Monsell, the CBD attorney, was once a member of the Working Group at its inception, according to working group records, but CBD pulled out of the group later.

Like California’s working group, Oregon and Washington have developed similar entities to deal with entanglements. They too have representatives of sport and commercial fishermen, ENGOs, industry, marine mammal experts and state and federal managers.

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

California could be held liable for whale entanglements

February 25, 2019 — The Center for Biological Diversity is hopeful its lawsuit filed over whale and sea turtle entanglements is nearing its conclusion after a federal judge suggested she may find the California Department of Fish and Wildlife liable for the entanglements, a center spokesman said.

“The judge said she was inclined to grant our motion and find the department liable for allowing these illegal whale entanglements,” spokesman Steve Jones said Friday after the hearing in United States District Court for the Northern District of California. “So the department’s lawyer asked her to delay that ruling for two weeks to see if our settlement talks can arrive at a remedy to the problem.”

The two parties have until March 13 to work out their differences and report back to the judge. If no settlement is reached, the judge will issue a finding.

The Center for Biological Diversity sued the state Department of Fish and Wildlife in October 2017, when the number of whale entanglements was skyrocketing. The peak came in 2016 when there were 71 confirmed whale entanglements.

Preliminary 2018 numbers show there were 45 confirmed whale entanglements, according to NOAA Fisheries. The numbers reflect through Nov. 28, 2018, and are not final. Among the 2018 reports was an August 2018 humpback whale who was reported entangled off the coast of Eureka.

Read the full story at Mercury News

Environmental group sues U.S. for material on endangered status for bluefin tuna

February 15, 2019 — The Center for Biological Diversity on Wednesday sued the U.S. government for not releasing public records on why it denied protections for Pacific bluefin tuna, a sushi delicacy, under the Endangered Species Act.

In 2016, CBD petitioned the National Marine Fisheries Service to list the Pacific bluefin tuna as threatened or endangered under the ESA and to designate critical habitat concurrently with its listing.

Read the full story at Reuters

California wildlife agency denied in bid to delay lawsuit over whale, sea turtle entanglements

February 5, 2019 — A San Francisco judge has rejected the California Department of Fish and Wildlife’s bid to delay a lawsuit that claims the agency has fallen short in preventing the state’s commercial Dungeness crab fishery from entangling whales and sea turtles.

U.S. District Court Judge Maxine Chesney, on Jan. 25, denied the department’s motion to delay the case by 2 1/2 years while it secures a federal “incidental take permit” that would allow the agency to operate in a way that addresses and minimizes the threat to whales and sea turtles, while acknowledging some risk.

The Center for Biological Diversity sued Fish and Wildlife in October 2017 after the total number of whale entanglements from all fishing industries broke records for three straight years.

“The Dungeness crab fishery is the biggest entanglement culprit in California, by far,” said Steve Jones, a spokesman for the center. “Most entangling gear can’t be identified, but of the identified gear, it is mostly crab lines.”

Read the full story at The San Jose Mercury News

Court Denies California’s Attempt to Delay Whale Entanglement Case

February 1, 2019 — SEAFOOD NEWS — A federal court has rejected the California Department of Fish and Wildlife’s bid to delay a lawsuit alleging it’s not doing enough to prevent its commercial Dungeness crab fishery from entangling whales and sea turtles in violation of the federal Endangered Species Act.

The Center for Biological Diversity sued the department in October 2017 after whale entanglement numbers broke records for three straight years.

“This is an important win in our fight to protect whales and sea turtles from suffering and dying in crabbing gear. It’s time for California regulators to stop delaying and take action,” Kristen Monsell, oceans legal director at the Center, said in a press release. “The court recognized that it can’t just sit on the sidelines while state officials have no plan to prevent entanglements. Talking and holding endless meetings isn’t enough.”

U.S. District Court Judge Maxine Chesney denied the department’s motion to stay the case for two and a half years while it applies for an ESA Section 10 federal permit, which would require preventive measures. California sent a letter to NOAA last year, indicating the agency’s plans to formally file for the permit.

In the meantime, California has taken steps to avoid whale entanglements. The Dungeness Crab Fishing Gear Working Group published a best practices guide for fishermen It also established the Risk Assessment and Mitigation Program (RAMP) to support the state in working collaboratively with experts (fishermen, researchers, NGOs, etc.) to identify and assess elevated levels of entanglement risk and determine the need for management options to reduce risk of entanglement. Working with federal scientists, the group also solicits periodic flyovers to find concentrations of gear and concentrations of whales. With that information, fishermen can voluntarily get their gear and/or try to avoid whale interactions.

The Pacific Coast Federation of Fishermen’s Associations filed as an intervenor in the lawsuit and continues to support the industry in its efforts to avoid whale entanglement.

“No commercial fisherman wants to entangle whales or sea turtles in their fishing gear – doing so is not only a public relations disaster, but will likely destroy that gear, can damage their boats and can even be life-threatening,” the PCFFA states in its Memorandum in Support of Motion for Intervention in March 2018. “Many commercial fishermen voluntarily participate in programs to identify and rescue marine animals (especially whales) from entanglements in commercial fishing gear, often at great personal peril.”

On Feb. 22 the court is scheduled to consider the Center’s motion for summary judgment, the Center said in a press release.

In 2016 federal officials confirmed that the California commercial Dungeness crab fishery entangled at least 23 animals. As of late November, at least 36 whale entanglements had been reported off California in 2018, including at least five humpback whales entangled in California commercial Dungeness crab gear, the Center said in the statement.

California’s attention to this issue a few years ago has resulted in several gear workshops that included researchers, developers and fishermen coming together to try to solve or mitigate whale entanglement issues on the entire West Coast. Both Oregon and Washington now have their own gear/entanglement groups, working on problems and proposing incremental steps to prevent entanglements. Washington also has notified NOAA it intends to apply for an ESA Section 10 permit for its Dungeness crab fishery.

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

Groups: US must consider how salmon fishing hurts orcas

December 19, 2018 — The federal government is violating the Endangered Species Act by failing to consider how salmon fishing off the West Coast is affecting endangered killer whales, two conservation groups said Tuesday as they threatened a lawsuit.

The Arizona-based Center for Biological Diversity and the Washington state-based Wild Fish Conservancy notified President Donald Trump’s administration they intend to file a lawsuit within 60 days unless officials reevaluate whether the fishing further jeopardizes orcas that frequent the inland waters of the Pacific Northwest.

“We can’t allow business as usual in the salmon fisheries while Southern Resident killer whales are starving to death,” Julie Teel Simmonds, an attorney with the Center for Biological Diversity, said in a news release.

The orcas’ plight has received much attention this year as scientists warn that they’re on the brink of extinction. There are just 74 left, the lowest number since more than 50 were captured for aquarium display in the 1970s, and no calf born in the last three years has survived. One mother whale captured attention around the world this summer when she carried her dead calf on her head for 17 days in an apparent attempt to revive it.

Last week, Washington Gov. Jay Inslee announced what he called a “herculean” $1.1 billion plan to help the population recover. The Democrat said the money would go toward protecting and restoring habitat for salmon, especially chinook, the orcas’ favored prey; boosting production from salmon hatcheries; storm-water cleanup; and quieting vessel traffic, which can interfere with the whales’ hunting and communication.

But conservationists say more must be done. While a federal judge has ordered the government to consider boosting salmon runs by breaching four dams on the Lower Snake River, that prospect remains highly controversial and Republicans in Congress have vowed to oppose it.

Unlike other populations of orcas, which feed on marine mammals including seals, the southern residents eat salmon — primarily chinook. The conservation groups said Tuesday that one way to help them immediately would be to catch fewer salmon off the coast, where the whales spend their winters.

Read the full story from the Associated Press

Appeals court blocks another US gov’t effort to overcome Mexico gillnet import ban

November 30, 2018 — The US Court of Appeals for the Federal Circuit on Wednesday shot down an effort by the US National Marine Fisheries Service (NMFS) and other federal agencies to end a four-month-old ban on the import of Mexican shrimp and other seafood caught in the country with the use of gillnets.

The decision to reject a “stay of the order” request backs a US Court of International Trade (CIT) ruling, issued in July, that was sought by the Natural Resources Defense Council (NRDC), Center for Biological Diversity and Animal Welfare Institute as part of an effort to protect the endangered vaquita porpoise in the northern Gulf of California from being driven into extinction by pressuring the Mexican government.

Widely decimated by the use of gillnets in pursuit of the totoaba — another endangered fish sought for its swim bladder due to black market demand in China — there are believed to be a little more than a dozen vaquita remaining.

Read the full story at Undercurrent News

Conservation group seeks judgement in California crab gear lawsuit

November 1, 2018 — A year after the Center for Biological Diversity filed a federal lawsuit against the state of California regarding its Dungeness crab fishery, the conservation nonprofit has requested the judge in the case issue a summary judgement ruling in its favor.

A lawyer for the CBD said the organization filed the motion for summary judgement last week in the U.S. District Court’s North California District in hopes of preventing more animals from getting entangled in the crab traps set by commercial fishermen. Through July, there have been 22 whale entanglements this year, according to the group.

The federal Endangered Special Act prohibits encounters with humpback whales, blue whales, and leatherback sea turtles that could lead to injury or death, and a favorable ruling would force state officials to take action, Kristen Monsell, the center’s ocean’s program legal director, said in a statement.

“Another crab season starts (this month), creating a minefield of heavy gear that migrating whales must navigate,” she said. “We need the court to order state officials to stop causing the injury and death of endangered whales and sea turtles while managing this fishery.”

Judge Maxine M. Chesney isn’t scheduled to rule on the motion until 8 February.

Earlier this year, the state’s legislature passed an omnibus fisheries bill that called for the state’s Department of Fish and Wildlife to adopt rules that take into consideration the potential risk for entanglements. Until the regulations take effect, the state could restrict fishing for Dungeness crab in certain areas where the fishery “poses a significant risk” for whales and other marine life.

Read the full story at Seafood Source

Federal court upholds ban on Mexican imports in vaquita case

October 24, 2018 — A federal court has upheld a ruling from July that banned seafood imports from Mexico harvested by a drift gillnet.

The decision by the U.S. Court of International Trade on Monday, 22 October came after Trump administration officials appealed Judge Gary S. Katzman’s temporary injunction against the practice. Conservation groups sued the administration seeking a ban in an attempt to save the vaquita, a small porpoise on the brink of extinction.

The porpoise lives in the Gulf of California and estimates put the species population at around a dozen. However, roughly half the stock dies each year in encounters with gillnets. The Natural Resources Defense Council, the Animal Welfare Institute, and the Center for Biological Diversity filed the lawsuit in March and claimed the acceptance of Mexican seafood caught by those nets violated the Marine Mammal Protection Act.

Read the full story at Seafood Source