Endangered Species Act Archives

New Conservation Plan Benefits California Steelhead—And Irrigators, Too

September 18, 2020 — The following was released by NOAA Fisheries:

Improvements in fish passage and assurances of water in California’s Calaveras River will help promote recovery of threatened steelhead. These changes will be implemented under the first plan of its kind in the Central Valley of California.

The Calaveras River Habitat Conservation Plan finalized this week includes commitments by the Stockton East Water District to improve conditions in the Calaveras River for steelhead. In turn, the Water District gets assurances that it can continue distributing water to irrigators and others without violating the Endangered Species Act.

It is the first Habitat Conservation Plan that NOAA Fisheries has completed in the Central Valley. It reflects a partnership with the Water District to help recover a core population of threatened steelhead while also maintaining water supplies for agricultural and municipal use.

The Plan includes a commitment from the Water District to conserve threatened steelhead in ways that will benefit the population in the long-term. In turn, the District can carry out its usual operations and serve customers even if it might have limited incidental impacts on fish. The Plan also includes a forum for public discussion and input into river management.

Read the full release here

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

Guidelines for Safely Deterring Marine Mammals

August 28, 2020 — The following was released by NOAA Fisheries:

Today, NOAA Fisheries is soliciting input on a proposed regulation for safely deterring marine mammals from damaging fishing gear or catch, damaging personal or public property, or endangering personal safety. MMPA section 101(a)(4)(B) directs the Secretary of Commerce, through NOAA Fisheries, to publish guidelines for safely deterring marine mammals and recommend specific measures to non-lethally deter marine mammals listed as endangered or threatened under the Endangered Species Act. This is an opportunity for the public to provide input on these guidelines and recommended specific measures. NOAA Fisheries has included in the guidelines and recommended specific measures those deterrents that are unlikely to kill or seriously injure marine mammals; we have not evaluated the effectiveness of deterrents.

Copies of the draft Environmental Assessment prepared in support of this action are available and accessible via the Internet at: https://www.regulations.gov/. We are accepting comments on the proposed rule for 60 days through 10-30-2020.

NOAA Fisheries Releases Proposed Rule for Marine Mammal Non-Lethal Deterrents

August 28, 2020 — The following was released by NOAA Fisheries:

We are accepting comments on the proposed rule for 60 days through 10-30-2020. For more information and to review the draft Environmental Assessment and other materials prepared in support of this action visit our website.

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

The Army Corps failed to enact endangered species protections for Willamette River salmon, judge rules

August 19, 2020 — A federal judge has ruled in favor of claims that federally owned dams on the upper Willamette River have failed to carry out Endangered Species Act protections for chinook salmon and steelhead.

U.S. District Judge Marco A. Hernandez ruled Tuesday that the Army Corps of Engineers and the National Marine Fisheries Service (NMFS) fell short of their legal obligations by delaying action or failing to take necessary steps under a 2008 Willamette River Biological Opinion plan. The plan included dozens of measures to ensure the survival and recovery of upper Willamette River wild spring chinook and winter steelhead.

It was a result of a previous lawsuit filed in 2007 by environmental organization Willamette Riverkeeper and Northwest Environmental Defense Center against the Corps for not producing a Biological Plan for the Willamette Basin and failing to comply with the ESA.

Read the full story at OPB

Feds: NW Atlantic Leatherback Turtle Population Listing Change Not Warranted; Species Still at Risk

August 13, 2020 — A new review of leatherback sea turtle science found that seven distinct populations of leatherback sea turtles face a high extinction risk, according to the National Marine Fisheries Service and U.S. Fish and Wildlife Service.

The federal agencies released the information Monday, noting that all seven are currently listed as endangered. Neither agency proposed a change to current global listings since a petition to identify the Northwest Atlantic population as a distinct population segment and threatened, not endangered, under the Endangered Species Act was unjustified.

Read the full story at Seafood News

The lobster industry has lost a crucial certification for sustainability

August 4, 2020 — In significant news for the lobster industry, the Marine Stewardship Council has suspended its certification of lobster as sustainable, citing concerns about the lucrative industry’s effect on critically endangered North Atlantic right whales.

The suspension, effective Aug. 30, applies to all lobster in the Gulf of Maine, according to the council, a London-based nonprofit that sets international standards for sustainable fishing.

“The suspension comes following an expedited audit and thorough review … during which it was determined that the fishery no longer meets the MSC fisheries standard,” said Jackie Marks, a spokeswoman for the council.

The suspension was linked to a federal district court ruling in April that found that the National Marine Fisheries Service had violated the Endangered Species Act by failing to protect right whales from becoming entangled in millions of lobster lines.

Read the full story at The Boston Globe

Agreement Reached To Protect Dwindling Shark Species

July 2, 2020 — A threatened shark species is poised to see new protections against overfishing under a deal with federal officials, conservation groups and a Native Hawaiian cultural practitioner, according to Earthjustice.

More than 300,000 oceanic whitetip sharks have died as bycatch in commercial fishing nets off Hawaii and American Samoa since 2013, and the species is believed to have declined by as much as 95% since the mid-1990s, according to a release from the nonprofit law organization.

It’s been listed as threatened under the Endangered Species Act — but it’s never been designated as “overfished,” the release stated.

Read the full story at the Honolulu Civil Beat

Federal Fishery Managers Say Measures for US Fisheries Should Reflect Their Low Impact on Protected Species Compared to Foreign Fisheries

June 26, 2020 — The following was released by the Western Pacific Regional Fishery Management Council:

The Western Pacific Regional Fishery Management Councilconcluded its three-day virtual meeting today on the management of federal fisheries in waters offshore of the State of Hawai’i, the Territories of American Samoa and Guam, the Commonwealth of the Northern Mariana Islands (CNMI) and the US Pacific Remote Islands Areas. Established in 1976 under purview of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the Council monitors federal fisheries operating in these waters and develops management plans and amendments for them. Discussions and recommendations at today’s Council meeting focused on protected species interactions and the international nature of the region’s pelagic fisheries.

While the MSA is the nation’s preeminent fisheries legislation, the region’s fisheries are often managed to meet other legislation, such as the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA). Under the ESA, NMFS develops a biological opinion (BiOp) to evaluate whether a federally managed fishery jeopardizes the continued existence of species listed as threatened or endangered. If the fishery is likely to jeopardize species, NMFS must implement reasonable and prudent alternatives (RPAs) to avoid jeopardizing the species. If the fishery is not likely to jeopardize species, NMFS must implement reasonable and prudent measures (RPMs) to minimize impacts of any incidental take by the fishery. Currently, NMFS is developing BiOps and considering RPMs or RPAs for the Hawai’i deep-set longline fishery, which targets bigeye tuna, and for the American Samoa longline fishery, which targets South Pacific albacore tuna. Of particular concern is the Hawai’i fleet’s interaction with leatherback and loggerhead sea turtles. These RPMs in the past have required the shallow-set longline fishery to close after interacting with 16 leatherback turtles, even if they were released alive.

The Council also recommended that drafting of the RPMs place priority on improving handling and release methods to improve post-hooking survival rates and on creating industry-led incentives to report and reduce impacts.

During public comment, Eric Kingma, Hawaii Longline Association executive director, noted that the Hawaii fleet is only 4% of longline effort in the WCPO. “While we don’t have significant impact on the protected species populations, we can help by designing innovative measures and transferring them to the international fisheries,” he said.

Among other related recommendations, the Council will ask the Seafood Trade Task Force, created by Executive Order 13921, to evaluate all impacts of foreign-sourced fishery products on domestic fisheries and markets. The evaluation should focus on foreign-forced products into Hawai’i and Guam with known seafood safety concerns, such as carbon-monoxide gassed tuna including the potential suspension of such products during the COVID-19 outbreak.

The Council also requested that the director of the NMFS Office of International Affairs and Seafood Inspection provide a status update on the certification of foreign fisheries that meet the MMPA equivalency provisions. Measures implemented under the MMPA have had an impact on the Hawai’i deep-set longline fishery, which has been unable to operate within a 132,000 square mile area (called the Southern Exclusion Zone) within the US exclusive economic zone around Hawai’i, after its interaction with two false killer whales that NMFS characterized as being at a level to create mortality and serious injury.

The Council recommended that the 2021 catch limits for longline bigeye be set at 2,000 mt each for American Samoa, Guam and the CNMI and that each Territory be allowed to allocate up to1,500 mt to US longline fisheries permitted under the Pelagic Fishery Ecosystem Plan, pursuant to Amendment 7 of that plan. However, the collective total allocation among the three Territories is not to exceed 3,000 mt.

The meeting agenda and briefing documents can be found at www.wpcouncil.org/meetings-calendars.