Saving Seafood

Federal court rules fisheries officials didn’t do enough to protect right whales from lobster gear

July 8, 2022 — A federal court on Friday ruled in favor of environmental groups that had filed a lawsuit against the government and the Maine Lobstermen’s Association claiming federal fisheries officials had failed to protect endangered North Atlantic right whales from potentially fatal entanglements in lobster fishing gear, records show.

A judge ruled that NOAA Fisheries had violated the Marine Mammal Protection Act and Endangered Species Act when it issued a May 2021 biological opinion and a September 2021 final rule because officials had not done enough to reduce the lobster fishery’s threat to right whales, the plaintiffs in the suit said in a statement.

The lawsuit was filed in 2018 by the Center for Biological Diversity, the Conservation Law Foundation, and Defenders of Wildlife.

Read the full story at The Boston Globe

New England wind farm, environmentalists agree on ways to protect whales

June 27, 2022 — The developers of an offshore wind farm and three environmental organizations announced Monday that they have reached an agreement to further protect rare North Atlantic right whales during construction and operation of the energy-generating project.

The agreement involving Orsted and Eversource — developers of South Fork Wind off the coast of New England and New York — was signed by the National Wildlife Federation, the Natural Resources Defense Council, and the Conservation Law Foundation, the groups said in a joint statement.

The agreement promotes the development of sustainable energy while protecting wildlife, said Alison Chase, a senior policy analyst at the NRDC.

“We don’t need to choose between clean energy development and wildlife protection, and this agreement shows how we can do both,” she said.

Read the full story at The Boston Globe

Lawsuit over whale protections off Maine’s coast to proceed

November 15, 2021 — A federal judge has declined to throw out a lawsuit against the federal government seeking tougher rules to protect critically endangered North Atlantic right whales from collisions with ships.

The lawsuit, filed by the Center for Biological Diversity, Conservation Law Foundation and other environmental groups in 2012, seeks to force the National Marine Fishery Service (NMFS) to take aggressive steps to protect the right whale population by setting a speed limit for vessels to prevent collisions.

The groups filed a new petition to the court last year accusing the federal agency of dragging its feet on responding to their request for new whale protection rules.

The Biden administration had asked the court to dismiss the lawsuit, but U.S. District Court judge Amit Mehta ruled on Wednesday that the federal agency “cannot ignore its obligation to fully and properly consider a petition for rulemaking.”

Read the full story at The Center Square

Request for Comments on Petition for Rulemaking for Atlantic Cod

August 18, 2021 — The following was released by NOAA Fisheries:

Today, NOAA Fisheries published a notice of receipt of a petition for rulemaking that was submitted in June 2020 by the Conservation Law Foundation. This petition requests we prepare a Secretarial Amendment and take specific emergency action to end overfishing and rebuild Atlantic cod.

This notice provides the public 45 days to comment on the petition for rulemaking.  To review and comment on the notice and associated documents, please go to our online portal and enter NOAA-NMFS-2021-0039 in the search box.

For more information read the notice as published in the Federal Register.

Questions?

Industry: Contact Peter Christopher, Supervisory Fishery Policy Analyst, 978-281-9288

Media: Contact Allison Ferreira, Regional Office, 978-281-9103

Conservation groups claim flaws in new federal right whale document

July 6, 2021 — Now that they have released a new biological opinion, federal fisheries managers are asking a federal court to end the ongoing litigation over the critically endangered North Atlantic right whale.  

Last month, the federal government filed for a final judgement in the lawsuit filed against the National Marine Fisheries Service by several conservation groups, including the Center for Biological Diversity, the Conservation Law Foundation, Defenders of Wildlife and the Humane Society.  

NMFS argued that, if there was an issue with the adequacy of the new biological opinion – a document from the service that states whether or not a federal action will jeopardize a species or its habitat – a new challenge would have to be filed.  

The conservation groups have pushed back against this legal logistics claim and have filed a motion of their own contending that there are several issues with the biological opinion. The new opinion does not address the issues the court found in the document’s previous iteration, which are central to the lawsuit in the first place.  

“NMFS cannot simply ignore the Court’s Opinions and Orders because it disagrees with the analysis or because compliance would be inconvenient,” the groups wrote in a recent filing. 

Last year, a federal judge found that the NMFS was in violation of the Endangered Species Act when it allowed the American lobster fishery to continue without an incidental take permit for North Atlantic right whales. Entanglements are considered one of the biggest threats to the species, which now has less than 400 individuals.  

Read the full story at the Mount Desert Islander

Fishing industry moves to head off Northeast canyons monument reversal

January 27, 2021 — Northeast fishing advocates mobilized as President Biden moved fast to reverse executive orders from the Trump administration — possibly including Trump’s move to back off fishing restrictions in the Northeast Canyons and Seamounts National Monument.

Biden ordered a broad review of more than 100 actions by the Trump administration on environmental issues, including the former president’s attempts to alter national monuments. Fishing advocates moved to get in early and persuade the new administration that the U.S. fisheries management system that’s been in place for more than 40 years can handle protecting the Northeast offshore habitat without executive intervention.

“We kind of saw it coming, and we sent letters off to politicians,” said Jim Budi, who owns a swordfish and tuna longline vessel that works out of New Bedford, Mass. “We had great fishing there this year. If it wasn’t for that, we’d be in the red.”

Environmental groups pushed Biden on Jan. 20, Inauguration Day, to reinstate the Obama administration’s offshore monument declaration, with its potential to foreclose most fishing at the edge of the continental shelf.

Read the full story at National Fisherman

Only 366 Endangered Right Whales Are Alive: New NOAA Report

October 29, 2020 — The population of extremely endangered North Atlantic right whales has fallen even further in the last year, the National Oceanic and Atmospheric Administration (NOAA) said Monday.

The agency said that there were only 366 of the whales as of January 2019, down from 412 in January of 2018, The Associated Press reported. But their numbers are likely even lower than that. NOAA Fisheries has documented the deaths or likely fatal injuries of a further 15 whales since, the Conservation Law Foundation (CLF) pointed out.

“These population estimates are devastating,” CLF senior attorney Erica Fuller said in response to the news. “The outlook is grim if we do not act today. We know human activities are decimating this population, what will it take for federal fishery managers to finally take action to protect these magnificent animals?”

Read the full story at EcoWatch

Judge orders new fisheries impact analysis on right whales, decides not to close fishery

September 10, 2020 — United States District Court Judge James Boasberg in Washington, D.C., handed down his remedy Aug. 19 to the National Marine Fisheries Services, which he ruled last spring had violated the Endangered Species Act in licensing the fisheries in the northeastern U.S.

He gave the NMFS until May 31, 2021, to conduct a new biological opinion on the fishing industry’s impacts on the endangered right whale species and measures to decrease whale deaths caused by the industry, vacating the previous biological opinion.

Earlier this year he found that the NMFS had failed to file an incidental take report in 2014 after discovering the vertical lines used in the fishing industry could be responsible for up to three whale deaths a year, which is more than the species can sustain, according to NMFS’ own calculations.

Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife and the Humane Society of the United States, the plaintiffs in the case, requested over 5,000 square miles south of Cape Cod, Massachusetts, where large numbers of whales congregate, be closed to vertical line fishing.

Intervenors in the case argued that closing off that area to fishing would place more nets outside its boundaries, creating a situation where lines are closer together, increasing entanglement risks for whales trying to reach the area considered for fishing closure.

The judge decided against the plaintiffs’ request because there is no legal precedent for such an action, he said in his opinion. He decided it would be too detrimental to the New England fishing industry that is already struggling because of the coronavirus.

Read the full story at Village Soup

Judge won’t close offshore lobster area; grants NMFS more time for whale analysis

August 21, 2020 — A federal judge granted the National Marine Fisheries Service a May 31, 2021 deadline to produce new biological opinion on the Northeast lobster fishery and northern right whale, following up on his earlier ruling that the agency had violated the Endangered Species Act with a 2014 opinion.

But in his new decision issued Monday, U.S. District Court Judge James E. Boasberg granted NMFS the nine-month grace period it had requested, rather than a Jan. 31, 2021 deadline sought by environmental groups that had sued the agency.

Boasberg also decided against ordering an immediate halt to the use of vertical lines for lobster gear in an area traversed by right whales south of Martha’s Vineyard and Nantucket – a ‘Southern New England Restricted Area,’ about the size of Connecticut, proposed by plaintiffs including the Center for Biological Diversity and Conservation Law Foundation.

In a 31-page memorandum of opinion, the District of Columbia judge laid out his reasoning, and recognized the difficulties NMFS faces in resolving the right whale issues. But he included a stern warning to the agency and to make progress.

Read the full story at National Fisherman

Court Ruling Gives Lobster Industry A Reprieve — And A Deadline

August 21, 2020 — A federal judge has ordered fishery managers to reanalyze the impact of the American lobster industry on endangered North Atlantic right whales, and issue a new rule for protecting the whales by May 31, 2021.

The judge did not, however, ban lobster fishing with vertical buoy lines in a right whale feeding area, as environmental advocates requested.

Part of Cape Cod Bay is already closed to lobster fishing in the late winter and early spring to protect right whales from getting tangled in fishing gear. But environmental groups — The Humane Society of the United States, Defenders of Wildlife, Conservation Law Foundation and the Center for Biological Diversity — wanted an additional area in southern New England closed immediately as well.

U.S. District Court Judge James E. Boasberg, who ruled on the matter this week, said a sudden closure “would disrupt fishermen’s current operations and their near-term plans.”

“The COVID-19 pandemic has gutted the market for lobster, cutting the price in half and pushing fishermen, most of whom are self-employed, to the economic brink,” Boasberg wrote in his ruling.

Read the full story at WBUR