Saving Seafood

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

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

Judge: Lobstering can proceed until new right whale protections are finalized in May

August 20, 2020 — A federal judge refused to ban lobster fishing in a large right whale feeding ground south of Nantucket on Thursday, but warned federal regulators they would meet with considerable disfavor if they fail to meet a new May 2021 deadline to publish a final rule to protect this endangered species from deadly entanglement in lobster fishing gear.

The environmental groups suing the National Marine Fisheries Service said U.S. District Court Judge James Boasberg’s Thursday night ruling is important because it will force the federal government to move quickly to establish more right whale protections in the U.S. lobster industry. The groups claim federal regulators and lobstering states have been stalling.

“This order puts an end to that inaction, demanding that the government implement new protections that will help the right whale come back from the brink of extinction,” said attorney Jane Davenport of Defenders of Wildlife, one of the groups suing on behalf of the whale.

Read the full story at the Portland Press Herald

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

Tribes, environmental groups sue to stop mine in Alaskan salmon spawning areas

October 9, 2019 — Five native, business and environmental organizations sued the Environmental Protection Agency on Tuesday over a proposed controversial Alaska gold and copper mine that the Trump administration has backed after it reversed an Obama-era decision that stopped the project due to environmental concerns.

On Tuesday the five groups, representing 31 tribes and tribal governments as well as a seafood development association and hundreds of commercial fishing interests, all sued the EPA in federal court in Anchorage, Alaska, over the administration’s lifting of the Obama EPA 2014 Clean Water Act protections. The Trump administration in late July lifted the Obama EPA’s roadblock on the massive proposed Pebble mine, allowing the project to largely move forward towards the permitting process.

On Wednesday a similar lawsuit was filed against the EPA by more than a dozen other environmental groups, including the Natural Resources Defense Council, Defenders of Wildlife, the National Parks Conservation Association and SalmonState. Like the lawsuit filed Tuesday, these environmental groups Wednesday allege the EPA broke the law when it recently withdrew the Obama-era protections that had stopped the mine.

Read the full story at CNN

WASHINGTON: State legislators fund ‘stakeholder forum’ for orca recovery, dam removal

April 30, 2019 — Conservationists, industry officials and other Snake River “stakeholders” will bring dam breaching to the center of the orca recovery conversation with a $750,000 forum, which received funding in the state Legislature’s budget proposal last weekend.

Proposals to remove the Ice Harbor, Lower Monumental, Lower Granite and Little Goose dams on the Lower Snake River are well-backed by conservationists, who say the move would help restore dwindling salmon and orca populations. However, regional commerce and power industries that rely on the dams have historically opposed the idea. Those opponents say removing the dams would make it impossible to move cargo along the Snake River, and it would reduce the amount of clean energy available in the region.

Inslee’s task force recommended the forum last fall as a way to “proactively identify and detail” a plan for several communities that use the river, should the federal government decide to remove those dams, according to a press release by several fish and orca advocacy groups.

“For decades, our elected officials have avoided the difficult conversations we need to have about the lower Snake River dams and their impact on salmon and orcas,” said Robb Krehbiel, Northwest representative for Defenders of Wildlife and member of the Southern Resident Orca Task Force. “Bringing people together to work collaboratively on solutions that help salmon, orca and our communities is the right next step.”

Read the full story at The Daily News

Federal appeals court orders halt to work on Atlantic Coast Pipeline

May 17, 2018 — A federal appeals court has nullified a key permit for Dominion Energy’s Atlantic Coast Pipeline, finding that restrictions against harming wildlife are inadequate and halting some work on the controversial 600-mile natural gas project.

Three judges of the U.S. Court of Appeals for the 4th Circuit said in a ruling issued late Tuesday that the U.S. Fish and Wildlife Service had failed to set clear limits for impact on threatened or endangered species.

The judges said that “the limits set by the agency are so indeterminate that they undermine . . . the enforcement and monitoring function under the Endangered Species Act.” The decision came in a brief unsigned order after being reviewed by Chief Judge Roger L. Gregory and judges Stephanie D. Thacker and James A. Wynn Jr.

The case was brought against the pipeline by the Southern Environmental Law Center on behalf of the Sierra Club, Defenders of Wildlife and the Virginia Wilderness Committee.

Read the full story at the Washington Post

 

Canada issues safeguards to protect right whales

March 29, 2018 — OTTOWA, Canada — New restrictions on snow crab fishing, along with new restrictions on ship speeds and $1 million more each year to free marine mammals from fishing gear, have been put in place this year to protect North Atlantic right whales, Canadian government officials announced Wednesday.

“We’re confident that these measures will have a very significant impact in protecting right whales,” Fisheries and Oceans Canada Minister Dominic LeBlanc said.

But, LeBlanc said, he and Transport Minister Marc Garneau are prepared to modify the new restrictions or add more as the weeks and months unfold.

Canada was under pressure to act after the deaths of 12 right whales last summer in the Gulf of St. Lawrence from June to September, most either hit by ships or from gear entanglement.

“Our resolve is to avoid the kind of situation we had last year,” LeBlanc said.

That resolve in Canada is encouraging, said attorney Jane Davenport with the Defenders of Wildlife, a U.S.-based environmental group that with two other groups have sued the National Marine Fisheries Service and two other agencies for failing to protect right whales from lobster gear entanglements.

With the 12 dead in Canada last year and at least four identified dead off Cape Cod and the Islands, and with only five births, the North Atlantic right whale population is expected to dip below 451 from 2016.

“The government of Canada may be late to the table, not realizing the risk in the Gulf of St. Lawrence, but at least they’ve gotten off the stick and they’re moving forward,” said Davenport, who said she worries about what she says is a slower, less-well-funded pace in the U.S. “We need a moonshot, that kind of government investment,” she said.

Biologist Mark Baumgartner, head of the North Atlantic Right Whale Consortium, said he was encouraged by the proposed measures in Canada, which also include more airplane and boat surveys of right whales. That amount of surveillance means that any entangled or killed whales will have a good chance of being detected, Baumgartner said.

Read the full story at the Cape Cod Times

 

The Trump Administration Just Got Sued Over an “Unusual Mortality Event” in the Ocean

February 23, 2018 — On January 22, the National Oceanic and Atmospheric Administration got word of a juvenile, North Atlantic right whale carcass floating off the coast of Virginia. Later identified as whale #3893, the 39-foot, 10-year-old female was towed to shore, where researchers examined her partially-decomposed remains. A few days later, preliminary necropsy findings indicated that the whale died of “chronic entanglement,” meaning it was caught in rope or line, according to a report from NOAA.

It was the first right whale to die in 2018, but it comes on the heels of the deaths of 17 right whales in the North Atlantic in 2017—a record setting number that is more than all right whale mortalities in the five previous years combined. NOAA researchers are calling the trend an “unusual mortality event”—a particularly concerning phenomenon, as North Atlantic right whales are an endangered species. There are only about 450 left in the wild, according to NOAA, and at the current rate, scientists predict the species could be functionally extinct in fewer than 25 years.

NOAA hasn’t determined the cause of the “unusual mortality event,” but some are looking right at Washington, and at NOAA itself. A new lawsuit, filed January 18 in US District Court in Washington, D.C., argues specifically that the Trump administration is at least partly responsible for failing to adequately address this epidemic.

Between 2010 and 2016, 85 percent of diagnosed whale deaths were the result of entanglement, typically in commercial fishing gear. The plaintiffs—the Center for Biological Diversity, Defenders of Wildlife, and the Humane Society—allege that President Trump’s Department of Commerce, of which NOAA is a branch, is in violation of the 1973 Endangered Species Act and the 1972 Marine Mammal Protection Act over their management of the North Atlantic lobster fishery, which “frequently entangles right whales,” according to the suit. Under the Endangered Species Act, the plaintiffs point out, any action, direct or indirect, by a federal agency must not be “likely to jeopardize” any endangered or threatened species.

Read the full story at Mother Jones

 

Hope, but no calves, spotted as right whales return to Georgia waters

February 5, 2018 — They call her Halo — the right whale was born to another documented calving female, Loligo, in 2005, and was last seen in 2016. That was until staff with the Sea to Shore Alliance spotted her Wednesday near Little St. Simons Island. She, and her companion, are the first right whales seen off the coast of Georgia this calving season, which typically is from November to April.

“There was an adult female spotted that has had calved before — or has had a calf before — and so we’re hoping that she’s pregnant and we’ll have a calf in the upcoming days or weeks,” said Clay George, who heads up the state Department of Natural Resources’ right whale efforts. “There was another whale seen with her that was large and appeared to be an adult or a juvenile, but it was not a calf that was born this year. So, we are hoping that perhaps it was also an adult female and may be pregnant also.”

There has also been action in the Gulf of Mexico this year.

“My understanding, from talking to colleagues that work for the state of Florida, that at least two of the sightings (in the gulf) have been confirmed to be a right whale, and the photos suggest that it may have been the same individual whale was seen in both locations, and if so, it appears to be a 1-year-old whale that was born last year,” George said. “So, those three whales are the only whales that have been seen south of Cape Hatteras, N.C.”

There is more than a little amount of worry among whale researchers and experts that the world could be watching the extinction of right whales, considering births are not keeping up with deaths — especially with human-influenced mortality from whales becoming entangled in heavy fishing gear used for lobsters and snow crabs further north.

Read the full story at the Brunswick News