Saving Seafood

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

Federal Judge Halts Blood Harvest of Horseshoe Crabs

May 13, 2021 — A federal judge on Wednesday blocked the planned blood harvest of thousands of horseshoe crabs in a South Carolina wildlife refuge until a lawsuit seeking to require the practice be conducted sustainably is resolved.

Defenders of Wildlife and the Southern Environmental Law Center filed a motion in March seeking to stop a pharmaceutical company’s practice of harvesting horseshoe crabs for their blood as they come ashore to lay eggs each spring in the Cape Romain National Wildlife Refuge.

On Wednesday, U.S. District Court Judge Bruce H. Hendricks released a 29-page opinion granting the groups’ motion for a preliminary injunction and halting a planned harvest while the case is pending.

The Atlantic horseshoe crab is a protected species and critical contributor to biomedical research. Medical researchers value the arthropod’s milky-blue blood because it is the only known natural source of limulus amebocyte lysate —a substance that can detect dangerous endotoxins in drugs and vaccines.

Read the full story at the Courthouse News Service

Protect species? Curb warming? Save money? Biden’s big conservation goal means trade-offs

February 3, 2021 — President Joe Biden last week unveiled an ambitious conservation goal, unprecedented for the United States: conserving 30% of the country’s lands and waters by 2030, which would require more than doubling the area of public and private holdings under heightened protections.

Conservation scientists welcomed the so-called 30-by-30 goal, announced in an executive order on climate released 27 January. “The ambition is fantastic,” says ecologist Joshua Tewksbury, interim executive director of the nonprofit Future Earth.

But Biden’s order also raises a thorny practical question: Which swaths of land and sea should be the top targets for enhanced protection or management? The order says the effort should aim for a number of outcomes, including preserving biodiversity, curbing climate change, and even creating jobs and reducing social inequality. But researchers warn that difficult trade-offs lie ahead, because few chunks of territory are likely to provide all of the desired benefits. “The balancing act [will be] the hardest part of this work,” Tewksbury says.

Observers say the Biden administration could make rapid progress and contain costs by enhancing protections for territory already owned by the federal government. “We can make really huge gains on Forest Service and Bureau of Land Management lands,” says Jacob Malcom, a conservation biologist with Defenders of Wildlife. That could mean reducing logging, mining, drilling, and grazing. “There will be vested interests who are not happy about that,” Malcom notes. “So I don’t want to make it seem like it’s going to be easy.” Fishing associations, for example, have already reacted with concern to proposals to ban commercial fishing in 30% of U.S. waters. “Thirty-by-thirty is a campaign slogan, not a scientific proposal,” Robert Vanasse, executive director of Saving Seafood, wrote last year.

Read the full story at Science Magazine

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