Saving Seafood

ASMFC American Lobster Board Initiates Draft Addendum XXVIII

February 7, 2019 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s American Lobster Management Board initiated Draft Addendum XXVIII to Amendment 3 to the Interstate Fishery Management Plan for American Lobster. The Draft Addendum considers reducing the number of vertical lines in the water in response to concerns about the North Atlantic right whale population and the potential impacts of whale conservation measures on the conduct of the lobster fishery.

“With this proposed action, the Board is entering uncertain waters,” stated Maine Commissioner Pat Keliher. “However, as the lead management authority for American lobster, we have a responsibility to ensure the viability of the lobster fishery. Through the active engagement of the states and the lobster industry in our management process, we believe the Board is best suited to navigate the growing challenges facing the lobster fishery.”

A key focus of the Board meeting was the intersection of lobster management and the conservation of protected resources. While the Commission is primarily a forum for the Atlantic coast states to cooperatively manage fish and shellfish species, the Board noted several factors associated with North Atlantic right whale conservation which could substantially impact the economic and cultural future of the lobster fishing industry. These include future recommendations of the Atlantic Large Whale Take Reduction Team and the anticipated Biological Opinion being developed under the Endangered Species Act. Given the high economic value of the lobster fishery and its social significance to coastal communities, the Board agreed it is important to ensure the implementation of measures to conserve North Atlantic right whales takes place in a way that maintains the sustainability and culture of the lobster fishery.

Draft Addendum XXVIII will propose options to reduce vertical lines from zero to 40%, to be achieved by trap limits, gear configuration changes, seasonal closures, and/or the acceleration of currently planned trap reductions. The Board noted reductions will consider ongoing state and federal management actions, including trap reductions and trap caps, which have already reduced vertical lines. By initiating this action, states can continue to cooperatively participate in the management of this species during ongoing discussions on the conservation of North Atlantic right whales. In addition, those who are most familiar with the intricacies of the lobster fishery, including industry, can provide input on future regulations.

Read a PDF copy of the release here

Extended: Voluntary Vessel Speed Restriction Zone South of Nantucket to Protect Right Whales

February 6, 2019 — The following was released by NOAA Fisheries:

The voluntary vessel speed restriction zone (Dynamic Management Area – DMA) established south of Nantucket on January 15 has been extended to protect an aggregation of 11 right whales sighted in this area on February 4.

This DMA is in effect through February 20, 2019.

Mariners are requested to route around this area or transit through it at 10 knots or less.

Nantucket DMA coordinates:

41 12 N
40 28 N
070 36 W
069 31 W

ACTIVE SEASONAL MANAGEMENT AREAS (SMAs)

Mandatory speed restrictions of 10 knots or less (50 CFR 224.105) are in effect in the following areas:

Cape Cod Bay SMA — in effect through May 15, 2019

Mid-Atlantic U.S. SMAs — in effect through April 30, 2019

Southeast U.S. SMA — in effect through April 15, 2019

More info on Seasonal Management Areas

Right Whales Are Migrating 

North Atlantic right whales are on the move along the Atlantic coast of the U.S. With an unprecedented 20 right whale deaths documented in 2017 and 2018, NOAA is cautioning boaters to give these endangered whales plenty of room as they migrate south. We are also asking commercial fishermen to be vigilant when maneuvering to avoid accidental collisions with whales, remove unused gear from the ocean to help avoid entanglements, and use vertical lines with required markings, weak links, and breaking strengths.

Right Whales in Trouble

North Atlantic right whales are protected under the U.S. Endangered Species Act and the Marine Mammal Protection Act. Scientists estimate there are slightly more than 400 remaining, making them one of the rarest marine mammals in the world.

In August 2017, NOAA Fisheries declared the increase in right whale mortalities an “Unusual Mortality Event,” which helps the agency direct additional scientific and financial resources to investigating, understanding, and reducing the mortalities in partnership with the Marine Mammal Stranding Network, Canada’s Department of Fisheries and Oceans, and outside experts from the scientific research community.

More Info

Recent right whale sightings

Find out more about our right whale conservation efforts and the researchers behind those efforts.

Download the Whale Alert app for iPad and iPhone

Acoustic detections in Cape Cod Bay and the Boston TSS

Send a blank message to receive a return email listing all current U.S. DMAs and SMAs.

Details and graphics of all ship strike management zones currently in effect.

Reminder: Approaching a right whale closer than 500 yards is a violation of federal and state law.

Questions? Contact Allison Ferreira, Regional Office, at 978-281-9103

 

Atlantic Lobster Board Moves Toward Reducing Rope In Effort To Save Right Whales

February 6, 2019 — A consortium of Atlantic states fisheries managers is calling for broad changes to the gear lobstermen use, in an effort to reduce risks posed to the endangered North Atlantic right whale and to ward off potential federal action that could be even more challenging for the industry.

There are roughly 410 right whales left in the world, and they are at risk of potentially fatal entanglements with vertical rope lines lobstermen and other marine harvesters use to position and haul their traps. At a meeting of the Atlantic States Marine Fisheries Council in Virginia, its lobster board voted unanimously to set in motion the process that could lead to major changes in the East Coast’s lobster industry.

“I don’t want NOAA making decisions on what this lobster fishery is going to look like in the future,” says Patrick Keliher, commissioner of the Department of Marine Resources for Maine, home to the country’s dominant lobster fishery, which landed some 110 million pounds of lobster in 2017 worth more than $450 million at the dock.

Keliher says that the National Oceanic And Atmospheric Administration is developing a “biological opinion” that could include a formal “jeopardy” finding for the right whales, which under the federal Endangered Species Act could lead to severe restrictions on the state’s harvest.

Read and listen to the full story at Maine Public

 

Court Denies California’s Attempt to Delay Whale Entanglement Case

February 1, 2019 — SEAFOOD NEWS — A federal court has rejected the California Department of Fish and Wildlife’s bid to delay a lawsuit alleging it’s not doing enough to prevent its commercial Dungeness crab fishery from entangling whales and sea turtles in violation of the federal Endangered Species Act.

The Center for Biological Diversity sued the department in October 2017 after whale entanglement numbers broke records for three straight years.

“This is an important win in our fight to protect whales and sea turtles from suffering and dying in crabbing gear. It’s time for California regulators to stop delaying and take action,” Kristen Monsell, oceans legal director at the Center, said in a press release. “The court recognized that it can’t just sit on the sidelines while state officials have no plan to prevent entanglements. Talking and holding endless meetings isn’t enough.”

U.S. District Court Judge Maxine Chesney denied the department’s motion to stay the case for two and a half years while it applies for an ESA Section 10 federal permit, which would require preventive measures. California sent a letter to NOAA last year, indicating the agency’s plans to formally file for the permit.

In the meantime, California has taken steps to avoid whale entanglements. The Dungeness Crab Fishing Gear Working Group published a best practices guide for fishermen It also established the Risk Assessment and Mitigation Program (RAMP) to support the state in working collaboratively with experts (fishermen, researchers, NGOs, etc.) to identify and assess elevated levels of entanglement risk and determine the need for management options to reduce risk of entanglement. Working with federal scientists, the group also solicits periodic flyovers to find concentrations of gear and concentrations of whales. With that information, fishermen can voluntarily get their gear and/or try to avoid whale interactions.

The Pacific Coast Federation of Fishermen’s Associations filed as an intervenor in the lawsuit and continues to support the industry in its efforts to avoid whale entanglement.

“No commercial fisherman wants to entangle whales or sea turtles in their fishing gear – doing so is not only a public relations disaster, but will likely destroy that gear, can damage their boats and can even be life-threatening,” the PCFFA states in its Memorandum in Support of Motion for Intervention in March 2018. “Many commercial fishermen voluntarily participate in programs to identify and rescue marine animals (especially whales) from entanglements in commercial fishing gear, often at great personal peril.”

On Feb. 22 the court is scheduled to consider the Center’s motion for summary judgment, the Center said in a press release.

In 2016 federal officials confirmed that the California commercial Dungeness crab fishery entangled at least 23 animals. As of late November, at least 36 whale entanglements had been reported off California in 2018, including at least five humpback whales entangled in California commercial Dungeness crab gear, the Center said in the statement.

California’s attention to this issue a few years ago has resulted in several gear workshops that included researchers, developers and fishermen coming together to try to solve or mitigate whale entanglement issues on the entire West Coast. Both Oregon and Washington now have their own gear/entanglement groups, working on problems and proposing incremental steps to prevent entanglements. Washington also has notified NOAA it intends to apply for an ESA Section 10 permit for its Dungeness crab fishery.

This story was originally published by SeafoodNews.com, a subscription site. It is reprinted with permission.

‘Lobster-Whale Work Group’ Faces Complicated Balancing Act As It Works To Protect Right Whales

February 1, 2019 — Fisheries’ managers in the Atlantic states are considering a more proactive approach to regulating the lobster industry in order to reduce risks it may pose for the endangered North Atlantic right whale.

Under pressure from lawsuits and the requirements of the federal Endangered Species Act, the federal government is closely reviewing the health of the right whale population, which is hovering around 410 animals. The result could be the imposition of new gear and other restrictions to reduce the risk of whale entanglement with the rope lobstermen use to position and haul their traps.

That process was slowed by the recent government shutdown and, in the meantime, a new “Lobster-Whale Work Group,” made up of state officials in the Atlantic States Marine Fisheries Commission, has proposed a slate of possible actions with the dual goals of protecting the whales and the “viability and culture of the lobster fishery.”

“We’re doing everything we can to appease the people who think it may be us,” says Stephen Train, a lobsterman in Long Island, Maine.

Read the full story at Maine Public

Court: No new offshore drilling work during federal shutdown

January 21, 2019 — A federal judge in South Carolina has turned back the Trump administration’s attempt to continue preparatory work for offshore drilling during the federal government’s partial shutdown, issuing a ruling in a federal lawsuit challenging the overall expansion plans.

In his order, U.S. District Judge Richard Gergel halted federal agencies “from taking action to promulgate permits, otherwise approve, or take any other official action” for permits to conduct testing that’s needed before drilling work can begin.

The ruling comes a few days after President Donald Trump’s decision this week to recall workers at the Bureau of Ocean Energy Management so they could continue to process testing permits for possible drilling off the Atlantic coastline. The recall drew an objection from the U.S. House Natural Resources Committee chairman, Democratic Rep. Raul Grijalva (gri-HAWL-vah) of Arizona. He called on Acting Interior Secretary David Bernhardt to reverse course or provide a briefing on the legal justification for the move.

Earlier this month, South Carolina joined a federal lawsuit opposing the administration’s plans to conduct offshore drilling tests using seismic air guns. Gergel is overseeing that case, initially filed by environmental groups and municipalities along the state’s coast.

The suit challenges permits for the testing that precedes the drilling itself. It claims the National Marine Fisheries Service violated the Marine Mammal Protection Act, the Endangered Species Act and the National Environmental Policy Act in issuing the permits.

Read the full story at the Associated Press

MAINE: Whale rule changes coming on two tracks

January 9, 2019 — Maine lobstermen and their representatives, along with state fisheries regulators, continue in the trenches of debates about how much the Maine lobster fishery is implicated in the decline of the North Atlantic right whale.

Ongoing efforts to protect the whales from entanglement with fishing gear may result in two different new sets of regulations, Sarah Cotnoir, resource coordinator for the Maine Department of Marine Resources, and Patrice McCarron, executive director of the Maine Lobstermen’s Association, told the Zone B Council last week.

The two sets of regulations come from parallel processes under two federal laws, the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA).

Read the full story at The Ellsworth American

With Zinke Out, Former Lobbyist Becomes Acting Interior Secretary

January 4, 2018 — As Ryan Zinke left his post heading the Interior Department on Wednesday, the agency’s No. 2 official, David Bernhardt, joined President Donald Trump at a meeting of cabinet officials.

Bernhardt, who has been serving as deputy Interior secretary since his confirmation last July, is taking over as acting Interior secretary, said a person familiar with the matter. But White House officials did not respond to requests for comment or confirmation Wednesday.

Zinke, who announced his resignation under pressure in December, was not present at the meeting, and his Twitter profile description had been changed to “former secretary of the Interior” by midday. Zinke tweeted that it had been “a high honor to serve” Trump and the American people in the role.

“We’ve restored public lands for the benefit and enjoyment of the people, improved public access and shall never be held hostage again for our energy needs,” Zinke said.

Read the full story at Bloomberg

NOAA issues the most protective authorizations to date on marine mammal impacts from Navy Training and Testing

December 20, 2018 — The following was released by NOAA:

The National Marine Fisheries Service today issued final authorizations under the Marine Mammal Protection Act to incidentally, but not intentionally, “take” marine mammals during Naval training and testing in the Pacific. This is the third in a series of five-year incidental take regulations for the Navy’s Hawaii-Southern California Training and Testing activities. The final regulations put in place measures that are more protective and include a larger area than those in the proposed regulations or previous regulations.

“The Navy has balanced our conservation requirements for marine mammals with their critical national security requirements for training and military readiness. As the acting NOAA administrator and a retired Navy admiral, I know this is a win-win for marine mammal protection and national defense,” said retired Navy Rear Adm. Timothy Gallaudet, Ph.D., acting under secretary of commerce for oceans and atmosphere at NOAA.

Under the authority of the Marine Mammal Protection Act and the Endangered Species Act, NMFS evaluates the predicted effects of human activities on protected marine species and may require other agencies and entities to modify their activities to reduce those effects. In this instance, NOAA is imposing stringent mitigation measures expected to reduce adverse impacts to marine mammal stocks and their habitats as well as listed species, including:

  • Shutting down sonar when marine mammals are in the area;
  • Waiting for animals to leave the training range prior to use of in-water explosives, and monitoring of the area post-activity to detect potentially affected protected species;
  • Following protocols to reduce the likelihood of ships striking marine mammals;
  • Imposing operational limitations in certain areas and times that are biologically important (for example, reproduction, migration, foraging); and
  • Implementing a Notification and Reporting Plan (for dead, stranded, or struck animals)

“NOAA has been working with the Navy for more than ten years to understand the effects the Navy’s testing and training has on marine mammals and, over time, we have steadily increased the protections in place,” said Donna Weiting, director of NMFS’s office of protected resources.

NOAA and the Navy worked together to develop a robust monitoring plan, with associated strict reporting measures. Additionally, the final rule includes an adaptive management component that allows for timely modification of mitigation or monitoring measures based on new information, when appropriate.

In this authorization, the anticipated “take” of marine mammals over the 5-year period primarily includes disruption of behavioral patterns or temporary hearing impairment, but may also include some significantly lesser number of injuries and a very small number of mortalities. The authorization will be in place through December 2023.

Groups: US must consider how salmon fishing hurts orcas

December 19, 2018 — The federal government is violating the Endangered Species Act by failing to consider how salmon fishing off the West Coast is affecting endangered killer whales, two conservation groups said Tuesday as they threatened a lawsuit.

The Arizona-based Center for Biological Diversity and the Washington state-based Wild Fish Conservancy notified President Donald Trump’s administration they intend to file a lawsuit within 60 days unless officials reevaluate whether the fishing further jeopardizes orcas that frequent the inland waters of the Pacific Northwest.

“We can’t allow business as usual in the salmon fisheries while Southern Resident killer whales are starving to death,” Julie Teel Simmonds, an attorney with the Center for Biological Diversity, said in a news release.

The orcas’ plight has received much attention this year as scientists warn that they’re on the brink of extinction. There are just 74 left, the lowest number since more than 50 were captured for aquarium display in the 1970s, and no calf born in the last three years has survived. One mother whale captured attention around the world this summer when she carried her dead calf on her head for 17 days in an apparent attempt to revive it.

Last week, Washington Gov. Jay Inslee announced what he called a “herculean” $1.1 billion plan to help the population recover. The Democrat said the money would go toward protecting and restoring habitat for salmon, especially chinook, the orcas’ favored prey; boosting production from salmon hatcheries; storm-water cleanup; and quieting vessel traffic, which can interfere with the whales’ hunting and communication.

But conservationists say more must be done. While a federal judge has ordered the government to consider boosting salmon runs by breaching four dams on the Lower Snake River, that prospect remains highly controversial and Republicans in Congress have vowed to oppose it.

Unlike other populations of orcas, which feed on marine mammals including seals, the southern residents eat salmon — primarily chinook. The conservation groups said Tuesday that one way to help them immediately would be to catch fewer salmon off the coast, where the whales spend their winters.

Read the full story from the Associated Press