Saving Seafood

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

April 4-10, 2020 PFMC Meeting Notice (WEBINAR) and Agenda Now Available

March 18, 2020 — The following was released by the Pacific Fishery Management Council:

The Pacific Fishery Management Council (PFMC or Council) and its advisory bodies will meet April 4‐10, 2020 by webinar only, to address issues related to groundfish, salmon, Pacific halibut, coastal pelagic species, and administrative matters.

Please see the April 4-10, 2020 Council meeting notice on the Council’s website for further updates and details regarding webinar participation; schedule of advisory body meetings, our E-Portal for submitting public comments, and public comment deadlines.

Key agenda items for the meeting include Council considerations to:

  • Adopt Final Management Measures for 2020 Ocean Salmon Fisheries
  • Consider Process for Southern Oregon Northern California Coastal Coho Endangered Species Act Consultation Recommendations
  • Adopt Final Incidental Pacific Halibut Catch Recommendations for 2020 and Early 2021 Non‐Indian Salmon Troll Fisheries
  • Adopt a Pacific Sardine Assessment, Final Harvest Specifications, and Management Measures for the 2020‐2021 Sardine Fishery
  • Adopt Final Preferred Harvest Specifications and Preliminary Management Measures for 2021‐2022 Groundfish Fisheries

Meetings of advisory bodies will also be conducted by webinar based on the schedules in the agenda. There will be one opportunity for public comment daily in each of the webinars.

Instructions for how to connect to those webinars will be posted on the Council’s April 2020 Meeting webpage prior to the first day of the meeting.

Please note that the evolving public health situation regarding COVID‐19 may further affect the conduct of the April Council and advisory body meetings. Pacific Council staff will monitor COVID‐19 developments and will determine if there is a need for additional measures. If such measures are deemed necessary, Council staff will post notice of them prominently on our website (www.pcouncil.org). Potential meeting participants are encouraged to check the Pacific Council’s website frequently for such information and updates.

For further information:

Endangered coho salmon preservation an upstream battle in California

March 13, 2020 — The endangered coho salmon of Tomales Bay, north of San Francisco, are getting assistance from a stream restoration effort that could help rescue them from near-extinction locally.

Through the project, fish ecologists hope they can restore habitat to rebuild decimated populations of the historic fish, which once was a staple of indigenous diets and later California commercial fishing.

Central California coast coho salmon formerly were plentiful on the West Coast, but the population has shrunk so low that the fish is listed as endangered in California, Oregon and Washington under the federal Endangered Species Act. It is now illegal to catch coho salmon in California. Cohos are not protected in Alaska.

The fishes’ spawning grounds are becoming hard to find. Unlike Chinook salmon, which lay eggs in rushing rivers, coho prefer small streams.

Read the full story at UPI

Feds Agree to Consider Protections for Hawaii’s Cauliflower Coral

March 5, 2020 — The Trump administration agreed Wednesday to determine by this summer whether it will extend federal wildlife protections to Hawaii’s cauliflower coral reef.

The agreement, filed in federal court in Honolulu, comes after the Center for Biological Diversity sued claiming the National Marine Fisheries Service fails to protect the coral under the Endangered Species Act.

In its federal complaint, the conservation group said Hawaii’s cauliflower coral has been devastated by ocean warming.

Warming oceans have caused widespread bleaching of the coral, whose populations declined by 36% between 1999 and 2012, according to the conservation group. A global coral-bleaching between 2014 and 2017 killed millions of coral on hundreds of reefs from Hawaii to the Great Barrier Reef off the coast of Australia.

Read the full story at the Courthouse News Service

Supreme Court to Review Endangered Species FOIA Case

March 3, 2020 — The Supreme Court is taking up the Trump administration’s legal quest to keep certain Endangered Species Act records from the public eye.

The justices agreed Monday to review a petition from two U.S. agencies trying to reverse a court order to release draft documents from a controversial species consultation process. The Freedom of Information Act case could have broad ramifications for agency disclosure in other contexts.

Government lawyers warned in their petition that allowing the order to stand would undermine a FOIA exemption that allows for “candid” communication between agencies during decision-making processes. But the Sierra Club, which filed the underlying case, says FOIA doesn’t allow agencies to shield important records simply by labeling them drafts.

“If an agency makes a decision that alters the course of either another agency’s decision-making or affects the public, it doesn’t get to just stamp that document ‘draft’ or ‘secret’ or ‘for our eyes only’ or anything else,” Sierra Club attorney Sanjay Narayan told Bloomberg Law.

Some legal analysts predict that the court’s decision to take the case means the justices will side with the government.

Read the full story at Bloomberg Law

Lawsuit Launched to Save Alaska’s Cook Inlet Beluga Whales From Harmful Oil Exploration

February 3, 2020 — Conservation groups Friday threatened to sue the Trump administration for approving oil exploration in Alaska’s Cook Inlet after new federal data found a dramatic decline in the area’s population of endangered beluga whales.

The formal notice of intent to file an Endangered Species Act lawsuit asks the National Marine Fisheries Service to revoke its authorization of oil and gas activities in the area until a new legally required consultation is completed.

The administration relied on higher beluga whale numbers when, in 2019, it approved rules allowing Hilcorp Alaska LLC to harm belugas and other marine mammals as it expands offshore oil and gas operations in Cook Inlet. But on Tuesday the Fisheries Service announced the population of whales was estimated at 279, a significantly smaller and more quickly declining population than the agency had thought.

“Since we pressed for listing the Cook Inlet Beluga whale as endangered in 2008, the drive for corporate profits and complacent government bureaucrats have conspired to stifle progress for this dwindling stock,” said Bob Shavelson, advocacy director for Cook Inletkeeper. “Hilcorp should do the right thing and abandon its plans for new drilling in Cook Inlet.”

Read the full story at the Alaska Native News