Saving Seafood

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.

Enviros Want Salmon Listed on Maine Endangered List

June 2, 2020 — A coalition of Maine conservation groups is calling on the state to add the Atlantic salmon to its list of endangered species.

Maine’s rivers were once full of the salmon, but their population was decimated by overfishing, damming and environmental factors. They return only to a few rivers, and are protected under the federal Endangered Species Act.

The environmental groups, including Downeast Salmon Federation, the Maine chapter of the Native Fish Coalition, Friends of Merrymeeting Bay and several others, sent their request to the Maine Department of Inland Fisheries & Wildlife on Monday. They said the salmon belong protected by the Maine Endangered Species Act because “the only viable Atlantic salmon population in the United States is the Gulf of Maine distinct population segment.”

Read the full story from the Associated Press at U.S. News

2020 Species Recovery Grant Awardees Announced

June 2, 2020 — The following was released by NOAA Fisheries:

Today, NOAA Fisheries is announcing the award of $6.5 million in funding to states and tribes through its Species Recovery Grant Program. These grants promote the recovery of species listed as endangered or threatened under the Endangered Species Act.

States and tribes play an essential role in conserving and recovering species. Threatened or endangered species under NOAA Fisheries’ jurisdiction may spend all or part of their lifecycle in state waters. Successfully conserving these species depends largely on working cooperatively with states and tribes. This year’s funding support our state and tribal partners in a range of activities, such as:

  • Designing and testing new fishing gear to reduce or remove significant sources of mortality and injury.
  • Assessing and monitoring species presence, status, and movement, and collecting genetic information to improve understanding of population distribution, foraging ecology and habitat use, population structure, and restoration efforts.
  • Engaging the public in conservation of Endangered Species Act-listed species.

In the Greater Atlantic Region the funding will support one new award and the continuation of seven multi-year projects that were approved in prior grant cycles.

Read our web story to learn more or visit the complete descriptions of funded projects to states and Tribes.

In another significant ruling for right whales, a federal judge rules that Massachusetts is violating the Endangered Species Act

May 4, 2020 — In another shot across the bow of the lobster industry, a federal judge ruled Thursday that state regulators have violated the Endangered Species Act by licensing lobstermen to use fishing gear that entangles North Atlantic right whales.

The ruling requires Massachusetts officials to obtain a permit from the National Marine Fisheries Service to license vertical buoy lines, the ropes that connect lobster traps on the seafloor to buoys at the surface.

Those lines are vital to the fishery but have been the leading cause of death of right whales over the past decade, accounting for more than half of all known causes. In the past three years, 30 right whales have died, reducing their population to around 400.

In her ruling, Judge Indira Talwani of the US District Court in Boston said the continued use of buoy lines was likely to cause further harm to right whales, which scientists say could become functionally extinct within the next 20 years.

Read the full story at The Boston Globe

MAINE: State, lobstermen scramble to respond to judge’s right-whale ruling

April 14, 2020 — The right whale protection lawsuit winding its way through the federal courts for two years has often been called the “wild card” in the battle between environmental groups trying to save the whale from extinction and lobstermen trying to protect their way of life.

Last week, a federal judge played that card, concluding the National Marine Fisheries Service had violated the Endangered Species Act by failing to fully document the U.S. lobster fishery’s harmful impact on right whales. The play leaves state and industry officials scrambling to figure out their next move.

“It’s hard to predict how lawsuits will impact future whale rules,” Maine Department of Marine Resources Commissioner Pat Keliher wrote to fishermen on Friday. “Many of you have called or emailed asking about the timing and impacts of this decision. At this time they are still unknown, but may come very quickly.”

The agency is reviewing last week’s ruling to determine what it may mean for Maine’s $485-million-a year lobster industry and what its next steps should be, Keliher said. For now, the Maine fishery remains open to those willing to brave rough offshore waters and pandemic-gutted markets.

Read the full story at the Portland Press Herald

Lobster fishery violates Endangered Species Act, judge declares

April 13, 2020 — U.S. District Judge James Boasberg filed a 20-page order Thursday, April 9, declaring the American lobster fishery violates the Endangered Species Act.

The federal lawsuit challenged a biological opinion filed by NMFS in 2014 stating that the American lobster fishery “may adversely affect, but is not likely to jeopardize, the continued existence of North Atlantic right whales.”

The judge ruled against NMFS, noting that the agency failed to include an “incidental take statement.” That failure, the judge declared, renders the biological opinion illegal under the Endangered Species Act. The suit — filed by the Center for Biological Diversity, Conservation Law Foundation and several other environmental groups — is similar to the California Dungeness crab lawsuit (led by the Center for Biological Diversity) which also claimed the fishery violated the ESA. The finding there forced the crab fishery to file for an incidental take permit, a process that can take years, and negotiate with the plaintiffs on whether there will be fishing seasons in the interim and what those opening and closing parameters will be.

Read the full story at National Fisherman

Judge: NOAA Violated Endangered Species Act By Allowing Lobster Traps That Threaten Right Whales

April 10, 2020 — A federal judge ruled Thursday that federal fisheries regulators are illegally allowing lobster traps that pose a threat to the endangered North Atlantic right whale.

U.S. District Judge James Boasburg says the National Oceanic and Atmospheric Administration violated the Endangered Species Act by authorizing the lobster fishery without appropriate attention to its impact on the whales.

Specifically, he faults the feds for failing to produce an assessment of the potential that whales will be entangled in lobster trap rope and face injury and death.

Read the full story at Maine Public

Judge: Failure to Help Whales Skirts Endangered Species Act

April 10, 2020 — A judge has ruled the federal government failed to adequately protect endangered whales from lobster fishing activities, sending the industry and regulators scrambling to figure out what the future holds for one of America’s most lucrative marine industries.

Environmental groups sued the U.S. government claiming regulators’ failure to protect the North Atlantic right whale from harm was a violation of the Endangered Species Act. U.S. District Judge James Boasberg ruled Thursday that the National Marine Fisheries Service did just that by understating lobster fishing’s ability to kill the whales via entanglement in ropes.

Boasberg’s ruling states the service found the “American lobster fishery had the potential to harm the North Atlantic right whale at more than three times the sustainable rate,” but did not take appropriate action about that risk. A remedy will come in the future, the ruling states.

Environmental groups, including the Center for Biological Diversity, which filed the lawsuit, heralded the ruling as a victory in the fight to protect the whales, which number only about 400.

Read the full story from the Associated Press at The New York Times

Hawaii conservation groups file white-tip shark lawsuit

April 6, 2020 — The National Marine Fisheries Service was asked in a lawsuit filed in Hawaii to protect Pacific oceanic white-tip sharks, which are listed as threatened under the federal Endangered Species Act.

The environmental law firm Earthjustice filed the lawsuit on behalf of several conservation groups, including the Conservation Council for Hawaii and Michael Nakachi, a Native Hawaiian cultural practitioner and owner of a local scuba diving company, the Garden Island reported.

“No protections exist to prevent fisheries from capturing oceanic white-tip sharks as bycatch,” said Moana Bjur, executive director of the Conservation Council for Hawaii. “That needs to change if we are to prevent this incredible apex predator from going extinct. That’s why we’re going to court.”

Read the full story at the Associated Press