February 15, 2019 — The Center for Biological Diversity on Wednesday sued the U.S. government for not releasing public records on why it denied protections for Pacific bluefin tuna, a sushi delicacy, under the Endangered Species Act.
In 2016, CBD petitioned the National Marine Fisheries Service to list the Pacific bluefin tuna as threatened or endangered under the ESA and to designate critical habitat concurrently with its listing.
February 13, 2019 — A decade after the Penobscot River was included in the expansion of Endangered Species Act protection for Atlantic salmon originating in Maine, federal officials have released the final recovery plan for those fish. The news isn’t good. Federal officials estimate that it will take 75 years — about 15 generations of fish — for Gulf of Maine Atlantic salmon to be delisted entirely.
That news dims hopes that any angler who enjoyed fishing for salmon in Maine rivers in the past will live long enough to do so again.
Additionally, the plan estimates that the annual cost of implementing recovery actions will be $24 million per year on top of recovery-based efforts covered by regular federal budgets.
The National Oceanic and Atmospheric Administration and the U.S. Fish & Wildlife Service on Tuesday released their plan for the recovery of Atlantic salmon within the Gulf of Maine distinct population segment. The document will serve as the foundation for conservation and recovery efforts moving forward.
According to the plan, recovery efforts must focus on rivers and estuaries until threats salmon face at sea are better understood. In addition, the continued effort of fish hatcheries in the conservation is an essential piece of the recovery puzzle. Eastern Maine has two such hatcheries — Craig Brook National Fish Hatchery in Orland and Green Lake National Fish Hatchery in Ellsworth.
Read the full story at the Bangor Daily News
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.
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
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
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
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.
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.
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.
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).
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.