Earthjustice Archives - Page 3 of 5

CALIFORNIA: The Battle over Anchovy

January 29, 2019 — A little over a year after a federal judge overturned a catch limit for the central population of north anchovy, nothing has changed.

Now a judge has issued an order that a new federal rule must be made within 90 days, before April 18.

This is the latest development in a battle that began in 2016 when the National Marine Fisheries Service defined the catch level using a study that only included data collected through 1990 instead of a study that included more data extending through 2011.

Read the full story at The Mercury News

Federal court upholds ruling in anchovy catch-limit lawsuit

January 22, 2019 — A federal judge in California on Friday, 22 January, upheld her decision from last year that claimed NOAA Fisheries did not follow the law when it set the catch limit on an anchovy stock in the state.

The ruling from U.S. District Judge Lucy Koh means the agency will need to set a new limit on the central population of northern anchovy. Environmental advocates argued federal officials kept that figure stationary since 2000 and used nearly 30-year-old data in setting it.

“This decision holds [NOAA Fisheries] to fundamental standards intended by Congress, which require the government to sustainably manage our nation’s fisheries for the benefit of both fishermen and dependent species,” said Mariel Combs, an Oceana attorney in a press release.

Oceana filed the suit in November 2016, a month after NOAA Fisheries maintained the 25,000 metric ton (MT) limit. The environmental organization, represented by Earthjustice is the suit, argued that the catch limit was based on a 1991 study that reported a biomass of more than 700,000 metric tons.

Diane Pleschner-Steele, executive director for the California Wetfish Producers Association, told SeafoodSource she was disappointed in Koh’s ruling. She added, however, that the judge did not set a catch limit and ruled that the agency needs to use the best scientific data available to set its limits.

“In any case, there is general agreement, even from Oceana, that the anchovy population has exploded and available data now find the biomass at historic levels,” Steele said.

Steele also noted that members of the Pacific Fishery Management Council management team will be meeting soon to discuss the next steps in wake of the ruling.

Read the full story at Seafood Source

Lawsuit filed over Trump plans for offshore drilling tests

December 12, 2018 — Environmental groups sued the Trump administration Tuesday over offshore drilling tests, launching a legal fight against a proposal that has drawn bipartisan opposition along the Atlantic Coast.

The lawsuit filed in federal court in Charleston, South Carolina, claims the National Marine Fisheries Service violated the Marine Mammal Protection Act, the Endangered Species Act and the National Environmental Policy Act when it issued five permits for the use of seismic air guns.

“This action is unlawful and we’re going to stop it,” Diane Hoskins, campaign director at OCEANA, said in a news release. “The Trump administration’s rash decision to harm marine mammals hundreds of thousands of times in the hope of finding oil and gas is shortsighted and dangerous.”

The coalition includes OCEANA, the Southern Environmental Law Center, the Natural Resources Defense Council, Earthjustice, Center for Biological Diversity, Surfrider Foundation, Defenders of Wildlife, One Hundred Miles and the Sierra Club, as well as the South Carolina Coastal Conservation League and the North Carolina Coastal Federation.

The blasts are conducted in preparation for potential offshore drilling, which the administration has proposed to expand from the Atlantic to the Arctic and Pacific oceans. The five-year plan would open 90 percent of the nation’s offshore reserves to private development.

Read the full story from the Associated Press at ABC News

Bayless, Moonen among 50 US chefs to sign Portland Pact on MSA

November 21, 2018 — American celebrity seafood restauranteurs Rick Bayless and Rick Moonen are among the first 50 chefs who have signed on to the Monterey Bay Aquarium’s organized effort to “protect the strong conservation measures of the Magnuson-Stevens Act (MSA)”.

Undercurrent News reported earlier how the Monterey Bay Aquarium was planning to start on Nov. 7, the day after the US mid-term election, rallying chefs to sign a document produced at a meeting in Portland, Oregon, on Oct. 24. The so-called “Portland Pact for Sustainable Seafood” calls on “the new Congress to prioritize the long-term health of US fish stocks by protecting the strong conservation measures of the [MSA]”.

Commercial fishing groups that support Alaska Republican representative Don Young’s MSA reauthorization bill, HR 200, earlier expressed concern that the Monterey Bay Aquarium effort was an attack on the bill, which was passed by the US House of Representatives but requires Senate action before the expiration of the 115th Congress in December. The bill makes some of the most significant changes in MSA’s 42-year history, giving fishery regulatory bodies much more needed flexibility, say its champions.

But HR 200, which would have to be re-introduced in the 116th Congress if not successful in the next few weeks, already faces an uphill battle in the new House as it has enjoyed little support from the soon-to-be-in-charge Democrats.

The Monterey Bay Aquarium, which runs the Seafood Watch sustainability initiative, is one of a number of ocean conservation and environmental advocacy groups opposed to Young’s bill. The Environmental Defense Fund, Earthjustice, Oceana North America, the Alaska Longline Fishermen’s Association, Seafood Harvesters of America, Fortune Fish & Gourmet, and Santa Monica Seafood have also expressed opposition. They say it would undermine previously established fishing policies and endanger many valuable species.

Read the full story at Undercurrent News

Reps. Bishop, Westerman Probe Earthjustice’s Ties to Japan

October 2, 2018 — The following was released by the House Committee on Natural Resources:

Today, House Natural Resources Committee Chairman Rob Bishop (R-Utah) and Oversight and Investigations Subcommittee Chairman Bruce Westerman (R-Ark.) sent a letter to Earthjustice President Abigail Dillen, requesting information regarding Earthjustice’s relationship with the Japanese government.

“Foreign members of the anti-base coalition represented by Earthjustice appear to have already engaged in extensive political activity within the United States, including lobbying government officials and holding media events designed to influence public opinion. During a visit to San Francisco, a foreign delegation met with representatives of a U.S. Senator and a U.S. House Representative. This delegation also traveled to Washington, D.C. to meet with lawmakers, as well as, the U.S. Marine Mammal Commission, the Advisory Council on Historic Foreign members of the anti-base coalition represented by Earthjustice appear to have already engaged in extensive political activity within the United States, including lobbying government officials and holding media events designed to influence public opinion.

“During a visit to San Francisco, a foreign delegation met with representatives of a U.S. Senator and a U.S. House Representative. This delegation also traveled to Washington, D.C. to meet with lawmakers, as well as, the U.S. Marine Mammal Commission, the Advisory Council on Historic Preservation, and unspecified “other groups.” Beyond serving as the coalition’s attorney, Earthjustice has directly participated in the publicity campaign condemning the base relocation such as by sending open letters to the President of the United States and Japanese Prime Minister.

“The Committee is concerned that your organization’s political activities within the United States in opposition to the relocation of MCAS Futenma and the continued U.S. military presence in Okinawa may require compliance with the Foreign Agents Registration Act (FARA).”

Click here to read the full letter.

ENVIRONMENTALISTS SUE TRUMP ADMINISTRATION IN TAMPA OVER OFFSHORE DRILLING

June 22, 2018 — Earthjustice, on behalf of three conservation groups, sued the Trump administration Thursday (June 21) alleging that it failed to complete a legally required consultation about offshore drilling’s harms to threatened and endangered species in the Gulf of Mexico.

The National Marine Fisheries Service and the U.S. Fish and Wildlife Service are required under the Endangered Species Act to complete a consultation with the Bureau of Ocean Energy Management on its oversight of oil and gas operations that could impact threatened and endangered species. The last time the agencies completed a consultation, called a biological opinion, was in 2007, three years before the BP Deepwater Horizon disaster which led to the worst offshore oil spill in U.S. history, according to Earthjustice.

With the lawsuit, filed in federal district court in Tampa, the Gulf Restoration Network, Sierra Club, and Center for Biological Diversity are challenging the agencies for unreasonably delaying completion of a new consultation and seeking a court order to compel them to complete it within three months. A new biological opinion likely would result in additional safeguards to prevent further harm to sea turtles, whales, and other threatened and endangered species from oil and gas operations in the Gulf.

Read the full story at the Tampa Bay Reporter

Hawaii Longline Swordfish Fishery Closed for Rest of Year; Industry Helped Negotiate Closure

May 15, 2018 — SEAFOOD NEWS — In the ups and downs of the Hawaiian swordfish fishery, the recent May 8 closure for the rest of the year was no surprise to the industry. Longliners worked with the National Marine Fisheries Service and plaintiffs of a recent lawsuit to comply with a court order.

The Turtle Island Restoration Network, Center for Biological Diversity and Earthjustice originally sued the Department of Commerce over a 2012 biological opinion that allowed the shallow set longline fishery to take a certain number of loggerhead and leatherback sea turtles every year. The U.S. District Court of Hawaii ruled in NMFS’ favor, so the ENGOs appealed. The U.S. Ninth Circuit Court of Appeals issued a split decision on Dec. 27, 2017, affirming the BiOp regarding leatherback sea turtles, but not for loggerhead turtles. The Hawaii Longline Association, which filed as interveners, were party to the settlement negotiations with the plaintiffs and NMFS, which were outlined in a May 4, 2018 agreement and court order. The result for 2018 was closure for the rest of the year.

While ENGOs are cheering the outcome as a victory for sea turtles, it’s somewhat of a pyrrhic victory and does more to promote an agenda for the plaintiffs rather than have any actual effect this year.

“The National Marine Fisheries Service, which is supposed to be protecting our wildlife, has instead been illegally helping the longliners push sea turtles to the brink of extinction,” Earthjustice attorney Paul Achitoff said in a press release. “We won’t allow it.”

The main swordfish season usually takes place in the winter, with most landings occurring by the end of March. This year was an anomaly, Hawaii Longline Association President Sean Martin said, in that the fishery reached its annual limit of turtle interactions in January, so the fleet was already done with swordfish for the year.

“We’re on the tail end of what would be the prime season anyway,” Martin said.

The fishery will open again on Jan. 1, 2019, no matter what, Martin said. Since the court vacated the 2012 biological opinion, NMFS is working on a new one. The agency could come back with a new incidental take statement for next year’s fishing season. Or, if the BiOp and corresponding take statement are not finished by Jan. 1, the fishery will open under an incidental take allowance approved by an earlier BiOp that allowed roughly half the number of turtle interactions as the 2012 BiOp.

Federal officials note the loggerhead turtles already show signs of recovery due to a history of better management measures, such as circle hooks and using mackerel for bait — squid bait is prohibited –has proven immensely effective worldwide. Most turtles caught in the fishery are released alive.

Those measures and more, implemented in the early 2000s, reduced sea turtle interactions in the fishery by 93 percent, the Council said. Observer coverage is 100 percent; all vessel owners and operators annually attend mandatory protected species workshops; all longline vessels are required to carry specified tools to safely remove hooks and lines from the turtles and to follow safe handling, resuscitation and release procedures; vessels are monitored through a mandatory satellite-based vessel monitoring system; and longline closed areas from 0 to 50 nautical miles of the main and Northwestern Hawaiian Islands have existed since the early 1990s.

“The record of 99 percent live releases, only two mortalities in 24 years and increasing loggerhead abundance over the past two decades underscore the management success of the Hawaii shallow-set longline fishery,” Council Executive Director Kitty M. Simonds said in a press release.

Martin said most of the 30 or so longline vessels will instead turn to the deep-set longline fishery for the remainder of the year, targeting tunas.

This story originally appeared in Seafood News, it is republished here with permission.

Hawaii swordfish industry shut down to protect endangered turtles

May 11, 2018 — A federal court order to protect endangered loggerhead sea turtles has forced the National Marine Fisheries Service to immediately close the shallow-set longline fishery in Hawaii for the rest of the year.

A 2012 lawsuit filed by the Turtle Island Restoration Network and the Center for Biological Diversity, represented by the nonprofit law firm Earthjustice, was rejected in a Hawaii district court but they eventually won a split decision on appeal in December.

The parties reached an agreement Friday to settle the case. It included an immediate shutdown of the shallow-set longline fishery, which targets swordfish. NMFS implemented the closure Thursday.

Read the full story at the Honolulu Civil Beat

Scott Pruitt pushes back on finding that would restrict pesticides’ use to protect fish

February 5, 2018 — For months, chemical companies have waged a campaign to reverse findings by federal fisheries scientists that could curb the use of pesticides based on the threat they pose to endangered species. They scored a major victory this week, when Environmental Protection Agency Administrator Scott Pruitt announced he would press another federal agency to revisit a recent opinion triggering such restrictions.

The struggle over an arcane provision of the Endangered Species Act, in which the EPA must affirm that the pesticides it oversees do not put species’ survival in jeopardy, has become the latest front in the battle over a broad-spectrum insecticide known as chlorpyrifos. Pruitt denied a petition to ban its agricultural use after questioning EPA scientists’ conclusions that exposure impedes brain development in infants and fetuses.

Speaking to the National Association of State Departments of Agriculture on Wednesday, Pruitt said he plans to inform the National Oceanic and Atmospheric Administration’s Marine Fisheries Service “that there needs to be a consultation because we have usage data, frankly, that wasn’t considered.”

NOAA Fisheries issued a Biological Opinion on Dec. 29, which was publicly released Jan. 9 by the environmental law firm Earthjustice, finding that the current use of chlorpyrifos and malathion “is likely to jeopardize the continued existence” of 38 species of salmon and other fish in the Pacific Northwest and destroy or harm the designated critical habitat of 37 of those species. It found another pesticide, diazinon, could jeopardize the continued existence of 25 listed fish species and could harm critical habitat for 18 of them.

In allowing chlorpyrifos to stay on the market — the product is already prohibited for household products — Pruitt cited concerns raised by the Department of Agriculture, pesticide industry groups and an EPA scientific review panel about studies the agency used to conclude that the pesticide poses a serious enough neurological risk to ban its use on dozens of crops. One study, by researchers at Columbia University, found a connection between higher exposure levels to chlorpyrifos and learning and memory problems among farmworkers and children.

Read the full story at the Washington Post

Red Snapper’s Overfishing Threat Triggers Records Suit

January 25, 2018 — BALTIMORE — Worried about regulatory changes that will exacerbate overfishing of red snapper, conservationists claim in a federal complaint that the Trump administration is stonewalling their records request.

Represented by Earthjustice, the nonprofit group Ocean Conservancy says it invoked the Freedom of Information Act on June 19, 2017 — the same day that the red snapper fishing season was expanded for private anglers in the Gulf of Mexico to 42 days, up from just three.

The National Marine Fisheries Service and the National Oceanic and Atmospheric Administration “admitted that the action would cause the private recreational fishing sector to substantially exceed the annual catch limit set for that sector and delay rebuilding for the overfished population of red snapper, in violation of a number of statutes,” the complaint states.

Ocean Conservancy says it wants access to the agencies’ records about the rule change so that it can understand why the rule was adopted and inform the public.

“The government has an obligation to the citizens of this country to manage our shared public resources in a transparent way, and it is unacceptable for them to withhold that information from us,” Meredith Moore, director of fish conservation at Ocean Conservancy, said in a statement on the group’s website. “By all indications, the red snapper decision was a politically motivated action that ignored science, contrary to the law. Their decision will cause long-term damage to the fishermen and communities that depend on this economically and ecologically important fishery.

Neither the NOAA nor NMFS has responded to a request for comment on the lawsuit.

Read the full story at Courthouse News