Saving Seafood

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

Fishing crew charged with shark fin trafficking

December 12, 2018 — The owner and officers of a Japanese-flagged fishing vessel were charged in federal court Tuesday with aiding and abetting the trafficking and smuggling of nearly 1,000 shark fins into and out of Hawaii last month.

During a year-long tuna-fishing expedition, the crew of a Japanese fishing boat —the M.V. Kyoshin Maru No. 20 — allegedly harvested fins from about 300 sharks, at least some species of which are protected under the Endangered Species Act and the Convention on International Trade in Endangered Species.

One of those species, the oceanic white tip shark, has declined in population by about 80-95 percent across the Pacific Ocean since the mid-1990s, according to the National Oceanic and Atmospheric Administration.

According to a U.S. Department of Justice press release, the crew cut the shark fins off, “in some instances while the sharks were stunned but still alive, and discarded the finless carcasses into the ocean,” all under the supervision of the captain and at the direction of the ship’s officers.

The illegally-harvested fins were discovered in the luggage of 10 Indonesian nationals, who had been employed as fishermen on the boat. The Indonesian fishermen had been dropped off from the fishing boat at a port in Honolulu and were intending to catch a flight to Jakarta.

Read the full story at The Garden Island

Bipartisan Bill to Protect Endangered Fish Species in Pacific Northwest Heads to President Trump for Signature

December 12, 2018 — The following was released by the House Committee on Natural Resources:

Today, the U.S. House of Representatives passed S. 3119, the Endangered Salmon Predation Prevention Act. This bipartisan bill provides states and tribes with the necessary tools to humanely manage sea lions that have migrated outside their historic range and pose an imminent threat to fish species listed under the Endangered Species Act.

“The habitual Washington D.C. knee-jerk defense of the status quo is harming endangered species instead of protecting them. Existing regulations are leading to the decline in endangered salmon in the Pacific Northwest, a key source of ecological vibrancy in the region. This bipartisan bill corrects the problem by giving states and tribes the tools to humanely manage sea lions and prevent further destruction of endangered fish and the region’s economy.” — Chairman Rob Bishop (R-Utah)

“Today’s passage of our bill to control sea lions was a hard-fought victory – it’s a personal victory for each of us who treasure our Northwest salmon runs and want to see them preserved for generations to come. I’m grateful for the partnership of my colleague Kurt Schrader, and for Senators Risch and Cantwell for shepherding this through the Senate. I’m so pleased we are able to give Northwest fish managers this critical tool to help save our salmon and steelhead runs.” — U.S. Rep. Jamie Herrera Beutler (R-Wash.)

“This has been an issue that I have worked on since first coming to Congress nine years ago. I want to thank everyone – Rep. Herrera Beutler, Senators Risch and Cantwell, and our states, tribes, and local communities – for the exceptional work to get this bill over the finish line this year. In the last few years especially, we’ve seen a record number of sea lions in the Columbia River from Astoria to Bonneville Dam. Ratepayers and my constituents are paying hundreds of millions of dollars annually towards the largest mitigation program in the country for threatened and endangered salmon. These sea lions, whose population has become totally inconsistent with their historic range, have been undoing all of that work by feasting on the endangered species. Our legislation will provide a great step forward in eliminating this threat to our iconic Oregon salmon that are struggling to survive once and for all.” – U.S. Rep. Kurt Schrader (D-Ore.)

“Eastern Washington believes in both supporting clean, renewable hydropower and protecting our endangered salmon, a species so unique to the history of our region. Over the past 80 years, we’ve seen steady increases in salmon recovery rates on the Columbia and Snake Rivers, largely due to increased technology and innovation at our dams. This bill is another important step in protecting our endangered salmon. By mitigating sea lion predation we can increase fish recovery without costing Washingtonians hundreds of millions of dollars.” – U.S. Rep. Cathy McMorris Rodgers (R-Wash.)

“Billions of taxpayer dollars have been spent on salmon recovery in the Pacific Northwest only to see invasive sea lions take a bite out of the population. I applaud colleagues in the House and Senate who have worked together in our bipartisan effort to improve management of pinnipeds threatening our salmon with this legislation.” –U.S. Rep. Dan Newhouse (R-Wash.)

Read the full release here

NOAA says watching for right whales during migrating season is more important than ever

November 19, 2018 — North Atlantic right whales are on the move along the Atlantic coast of the U.S.

20 right whale deaths were documented in 2017 and 2018. The NOAA is asking boaters to be cautious as the endangered whales migrate south.

Right whales are protected under the U.S. Endangered Species Act and scientists estimate there are just over 400 remaining.

Officials are reminding boaters and coastal residents, right whale calving season begins in mid-November and runs through mid-April.

Every winter, many right whales travel more than 1,000 miles from their feeding grounds off Canada and New England to the warm coastal waters of South Carolina, Georgia and Florida’s east coast.

To reduce the risk of collisions between right whales and boats, federal law requires ships and aircraft to stay at least 500 yards away from right whales.

Vessels 65 feet and longer are also required to slow to speeds of 10 knots or less in Seasonal Management Areas along the East Coast, including the calving and nursery area.

“Right whales often swim and rest just below the surface, and are invisible to approaching boats and ships,” said wildlife biologist Clay George of the Georgia Department of Natural Resources. “It’s important for ship operators to follow vessel speed rules, and for boaters to slow down whenever possible.”

NOAA and its partners conduct aerial and vessel surveys off the coast of Florida and Georgia throughout the calving season.

Read the full story at WTKR