Saving Seafood

Federal appeals court orders halt to work on Atlantic Coast Pipeline

May 17, 2018 — A federal appeals court has nullified a key permit for Dominion Energy’s Atlantic Coast Pipeline, finding that restrictions against harming wildlife are inadequate and halting some work on the controversial 600-mile natural gas project.

Three judges of the U.S. Court of Appeals for the 4th Circuit said in a ruling issued late Tuesday that the U.S. Fish and Wildlife Service had failed to set clear limits for impact on threatened or endangered species.

The judges said that “the limits set by the agency are so indeterminate that they undermine . . . the enforcement and monitoring function under the Endangered Species Act.” The decision came in a brief unsigned order after being reviewed by Chief Judge Roger L. Gregory and judges Stephanie D. Thacker and James A. Wynn Jr.

The case was brought against the pipeline by the Southern Environmental Law Center on behalf of the Sierra Club, Defenders of Wildlife and the Virginia Wilderness Committee.

Read the full story at the Washington Post

 

West Coast Salmon Seasons Set After Week of Tensions, Struggles

April 13, 2018 — SEAFOOD NEWS — This week the Pacific Fishery Management Council adopted ocean salmon season recommendations that provide recreational and commercial opportunities for most of the Pacific coast, and achieve conservation goals for the numerous individual salmon stocks on the West Coast.

“It has been another challenging year for the Council, its advisers, fishery stakeholders and the public as we strive to balance fishing opportunities with the conservation needs we are facing on Chinook and coho salmon stocks, both north and south of Cape Falcon,” Council Executive Director Chuck Tracy said in a press release. “The Council has recommended ocean salmon seasons on the West Coast this year that provide important protections for stocks of concern, including Lower Columbia River natural fall Chinook, Puget Sound Chinook, Washington coastal coho, and Sacramento River fall Chinook.”

Fisheries in Washington and northern Oregon, referred to as “North of Falcon” due to Cape Falcon being located near Nehalem in northern Oregon, depend largely on Columbia River Chinook and coho stocks. Overall, Columbia River fall Chinook forecasts are considered low to moderate compared to the recent 10-year average. Hatchery coho stocks originating from the Columbia River together with natural stocks originating from the Queets River and Grays Harbor are expected to return at low levels resulting in very low harvest quotas, as was the case in 2017.

Washington state and tribal co-managers struggled during the week’s Council meeting to find solutions. Finally, on Tuesday, they agreed to fishing seasons that meets conservation goals for wild fish while providing fishing opportunities on healthy salmon runs.

A variety of unfavorable environmental conditions, including severe flooding in rivers and warm ocean water, have reduced the number of salmon returning to Washington’s rivers in recent years, Washington Department of Fish and Wildlife fish program leader Ron Warren said. In addition, the loss of quality rearing and spawning habitat continues to take a toll on salmon populations throughout the region, where some stocks are listed for protection under the federal Endangered Species Act, he said.

The overall non-Indian total allowable catch for the area is 55,000 Chinook coastwide, compared to 90,000 last year, and 47,600 marked hatchery coho, the same as last year. Fisheries are designed to provide harvest opportunity on healthy Chinook returns primarily destined for the Columbia River, while avoiding coho stocks of concern.

Non-Indian ocean commercial fisheries north of Cape Falcon include traditional, but reduced, Chinook seasons in the spring (May-June) and summer season (July through mid-September). Non-Indian ocean commercial fisheries in this area will have access to a total of 27,500 Chinook, compared to 45,000 Chinook last year, and a marked coho quota of 5,600, the same as last year.

Tribal ocean fisheries north of Cape Falcon are similar in structure to past years, with quotas that include 40,000 Chinook and 12,500 coho, the same as last year.

“It’s critical that we ensure fisheries are consistent with ongoing efforts to protect and rebuild wild salmon stocks,” Warren said in a press release. “Unfortunately, the loss of salmon habitat continues to outpace these recovery efforts.”

In California and Oregon south of Cape Falcon, will be limited, as expected, due to Klamath River and Sacramento fall Chinook and also to Oregon Coast natural coho — but some opportunities in Oregon are better this year than last.

“While this won’t be a banner year for ocean salmon fishing, overall it’s an improvement from 2017. This is particularly true for communities on the Southern Oregon coast, which were hit hard by 2017’s salmon closures,” Oregon Department of Fish and Wildlife Deputy Fish Division Administrator Chris Kern said in a press release.

Commercial fisheries from Cape Falcon to Humbug Mt. in Oregon will open on May 4 and will and continue through Aug. 29 with intermittent closures. This area will also be open continuously in September and October, with weekly limits and a depth restriction in October.

Fisheries from Humbug Mt., Oregon, to Humboldt South Jetty, California, will be open intermittently from May through August. Monthly quotas will be in place for the Oregon portion of the Klamath Management Zone from June through August. In 2017, all Oregon commercial salmon trolling was closed south of Florence.

“I want to thank the many advisors, tribal members, agency staff, and members of the general public, who all worked hard to ensure that conservation goals for salmon stocks are met while providing fishing opportunities for communities up and down the West Coast,” Kern said.

In the California portion of the KMZ, monthly Chinook quotas will be in place from May through August. The quotas all feature landing and possession limits, and the Californian portion of this area will be open five days a week.

Between Horse Mountain and Pigeon Point, the Fort Bragg and San Francisco areas, the area will be open for a week in late July, most of August and all of September. From Pigeon Point to the Mexico border, the Chinook season will be open during the first week in May and the last two weeks of June. There will also be a season from Point Reyes to Point San Pedro (a subset of the San Francisco area), consisting of two five-day periods in October.

After the last week of tensions, Council members, state advisers and tribes did leave the meeting with a bit of positive news: a renewed commitment by Indian and non-Indian fishermen to work together for the future of salmon and salmon fishing, Northwest Indian Fisheries Commission chair Lorraine Loomis said.

“No fisherman wants to catch the last salmon. We know that the ongoing loss of habitat, a population explosion of hungry seals and sea lions and the needs of endangered southern resident killer whales are the real challenges facing us today. We must work together if we are going to restore salmon to sustainable levels,” she said.

Council chairman Phil Anderson noted fishermen bear the burden of conserving these fish populations while their demise is largely out of the seafood industry’s control.

“This year’s package includes some very restrictive seasons in both commercial and recreational fisheries along the entire coast,” Anderson said. “Low abundances of Chinook and coho are in part due to the poor ocean conditions the adult fish faced as juveniles when they entered the ocean, and poor in-river habitat and water conditions.”

These recommendations will be forwarded to the National Marine Fisheries Service for approval by May 1, 2018.

This story originally appeared on Seafood News, it is republished with permission.   

 

US lawmaker rekindles talk of moving NOAA endangered species power to Interior

April 13, 2018 — WASHINGTON — Legislation that would have the National Oceanic and Atmospheric Administration (NOAA) hand its Endangered Species Act (ESA) authority over salmon and other fish to the Department of Interior (DOI) got a little dust kicked up around it on Thursday.

US representative Doug Lamborn, a Colorado Republican, suggested lawmakers take a fresh look at the Federally Integrated Species Health Act (FISH Act), HR 3916, at the beginning of a nearly two-hour hearing of the Natural Resources Committee’s panel on water, power and oceans that he chairs. The hearing was intended to discuss the fiscal 2019 budgets for NOAA and other agencies.

“Whether it comes to offshore fishing or management of fish species listed under the Endangered Species Act, NOAA has been a source of frustration for many of our constituents over the years,” Lamborn said. “… Both [Interior’s] Fish and Wildlife Service and NOAA have direct jurisdiction over the ESA and have struggled to harmonize their views on protected species management. It’s time for a holistic approach on managing these species.”

Read the full story at Undercurrent News

 

Endangered status of Atlantic sturgeon up for review

March 27, 2018 — Federal fishing regulators say they are conducting a five-year review of threatened and endangered populations of Atlantic sturgeon.

Populations of sturgeon are listed as threatened in the Gulf of Maine and endangered in New York Bight, the Chesapeake Bay and off the Carolinas and South Atlantic.

The National Oceanic and Atmospheric Administration says the Endangered Species Act requires the agency to conduct the review to ensure the listings are still accurate. The listings are intended to be based on the best available scientific data.

The Atlantic States Marine Fisheries Commission said last year that a sturgeon stock assessment indicated the population is still very low compared to its historical abundance. They face threats such as climate change, ship strikes and fishing.

Sturgeon suffered overfishing in the 20th century when it was harvested for eggs for caviar.

Shortnose sturgeon are listed under the Endangered Species Act (ESA) as an endangered species throughout their range. Atlantic sturgeon are listed as five distinct population segments with those that hatch out in Gulf of Maine rivers listed as threatened, and those that hatch out in other U.S. rivers listedas endangered.

Once thought to number less than 100 in the Merrimack, the river’s shortnose sturgeon population has been on the rebound, researchers have said. Atlantic sturgeon are also found in the Merrimack, up to the Essex Dam in Lawrence.

Two distinct groups of adults, numbering more than 2,000, inhabit the river. One group includes fish born in Haverhill’s spawning grounds, while the other consists of fish born in Maine rivers such as the Kennebec and Androscoggin, which migrate to the Merrimack.

Researchers say that for much of the year, sturgeon are looking for food in the lower part of the Merrimack — from Amesbury to the Joppa Flats in Newburyport — and live there from November to March.

Haverhill is the only place in the river where sturgeon lay their eggs, and that happens in the spring.

Read the full story at the Gloucester Times

 

Species battle pits protected sea lions against fragile fish

March 23, 2018 — The 700-pound sea lion blinked in the sun, sniffed the sea air and then lazily shifted to the edge of the truck bed and plopped onto the beach below.

Freed from the cage that carried him to the ocean, the massive marine mammal shuffled into the surf, looked left, looked right and then started swimming north as a collective groan went up from wildlife officials who watched from the shore.

After two days spent trapping and relocating the animal designated #U253, he was headed back to where he started — an Oregon river 130 miles (209 kilometers) from the Pacific Ocean that has become an all-you-can-eat fish buffet for hungry sea lions.

“I think he’s saying, ‘Ah, crap! I’ve got to swim all the way back?'” said Bryan Wright, an Oregon Department of Fish and Wildlife scientist.

It’s a frustrating dance between California sea lions and Oregon wildlife managers that’s become all too familiar in recent months. The state is trying to evict dozens of the federally protected animals from an inland river where they feast on salmon and steelhead that are listed under the Endangered Species Act.

The bizarre survival war has intensified recently as the sea lion population rebounds and fish populations decline in the Pacific Northwest.

The sea lions breed each summer off Southern California and northern Mexico, then the males cruise up the Pacific Coast to forage. Hunted for their thick fur, the mammals’ numbers dropped dramatically but have rebounded from 30,000 in the late 1960s to about 300,000 today due to the 1972 Marine Mammal Protection Act.

Read the full story from the Associated Press at ABC News

 

Sea lions keep eating the Northwest’s endangered fish

March 22, 2018 — NEWPORT, Ore. — Two species of fish listed as threatened under the Endangered Species Act are facing a growing challenge in Oregon from hungry sea lions.

The federally protected California sea lions are traveling into the Columbia River and its tributaries to snack on fragile fish populations.

After a decade killing the hungriest sea lions in one area, wildlife officials now want to do so at Willamette Falls, a waterfall in the Willamette River about 25 miles (40 kilometers) southeast of Portland.

The falls represent a new battleground in a bizarre survival war between fish and sea lions in the Pacific Northwest.

Read the full story from the Associated Press at the New York Post

 

Lawsuit aimed at protecting humpback whales filed against Trump administration

March 16, 2018 — Several conservation groups have joined together to file a lawsuit that claims the Trump administration has failed to protect humpback whales from fishing gear, ship strikes and oil spills.

The Center for Biological Diversity, Turtle Island Restoration Network and Wishtoyo Foundation announced Thursday they have sued the Trump Administration for “failing to protect humpback whale habitat in the Pacific Ocean.” The lawsuit was filed in the federal district court in San Francisco.

The nonprofit groups hope the lawsuit will force the National Marine Fisheries Service to follow the Endangered Species Act’s requirement to designate critical habitat within one year of listing a species as threatened or endangered, and not authorize actions that would damage that habitat, according to a release.

Two Pacific Ocean humpback populations were listed as endangered and a third as threatened in September 2016.

“The federal government needs to protect critical humpback habitat that’s prone to oil spills and dangerously dense with fishing gear and ship traffic,” Catherine Kilduff, an attorney with the Center for Biological Diversity. “These whales need urgent action, not more delays.”

Read the full story at the Orange County Register

 

States: US government to rewrite 2 endangered species rules

March 16, 2018 — NEW ORLEANS — The Trump administration will rewrite rules governing how to choose areas considered critical to endangered species to settle a lawsuit brought by 20 states and four trade groups, according to state attorneys general.

The endangered species director for an environmental nonprofit says that’s terrible news. Noah Greenwald of the Center for Biological Diversity says the administration has “shown nothing but hostility toward endangered species.”

The attorneys general for Alabama and Louisiana said in news releases Thursday that the administration made the agreement Thursday to settle a lawsuit brought by 20 states and four national trade groups, challenging two changes made in 2016.

According to the lawsuit, the rules are now so vague that the U.S. Fish and Wildlife Service and National Marine Fisheries Service “could declare desert land as critical habitat for a fish and then prevent the construction of a highway through those desert lands, under the theory that it would prevent the future formation of a stream that might one day support the species.”

A spokeswoman for Fish and Wildlife referred a request for comment to the U.S. Justice Department, which did not immediately respond to phoned and emailed queries. A NOAA Fisheries spokeswoman did not immediately respond Thursday.

“We are encouraged that the Trump administration has agreed to revisit these rules, which threaten property owners’ rights to use any land that the federal government could dream that an endangered species might ever inhabit,” Alabama Attorney General Steve Marshall said in his news release. “These Obama-era rules were not only wildly unreasonable, but contrary to both the spirit and the letter of the Endangered Species Act.”

Greenwald said, “Their case didn’t have a leg to stand on.”

Read the full story from the Associated Press at the Seattle Times

 

Not Too Late To Save Critically Endangered Orcas Say State Leaders And Feds

March 15, 2018 — The Pacific Northwest’s beloved orcas will not survive unless humans do more to ensure adequate food and cleaner, quieter waters. That was one of the messages at a crowded signing ceremony in Seattle convened by Washington Gov. Jay Inslee.

The population of genetically-distinct resident orcas has dwindled to a critically low level. Deaths outpace births. Only 76 remain as of the last count.

“This is a dangerously low number for a species that is already endangered under the federal Endangered Species Act,” Jeff Parsons of the Puget Sound Partnership said at a legislative hearing in Olympia earlier this month.

”We’re at a critical juncture with orcas and we need to act now if we’re to save the species,” added Bruce Wishart, a Sierra Club lobbyist.

The resident killer whales face three main threats topped by lack of prey. Their favorite food is Chinook salmon, which is also dwindling. Then there’s disturbance from vessels and underwater noise. A third threat is toxic pollution in the water and marine food chain.

“If they’re not getting enough food, they’re going to use their blubber where contaminants can often be stored,” said Lynne Barre, the federal orca recovery coordinator at NOAA Fisheries. . “But once they’re using that blubber and they circulate, it can cause immune dysfunction and that may be affecting reproduction as well.”

So is this dwindling population doomed?

“I don’t think it’s doomed,” Barre said. “We have seen the whales be at an even lower level in the past but that was following removals for public display and aquariums. So following those removals and low numbers we’ve seen in the past, we have seen this population be resilient and be able to grow—and even at a pretty high rate of two percent or more per year.”

That’s what Barre is hoping happens again now that the federal and state governments have complementary recovery plans. Inslee on Wednesday signed an executive order directing seven state agencies to take a wide variety of short and long-term actions.

Read the full story at NW News Network

 

ALASKA: Oil spill cleanup under way north of Kodiak

March 1, 2018 — A unified command has been established and efforts for clean-up operations are under way at the site of an oil spill north of Kodiak that supports northern sea otters and Steller sea lions, both of which are listed under the Endangered Species act.

Eagles, waterfowl and seabirds are likely present and Pacific halibut, Pacific cod, walleye Pollock and Pacific herring also are resent in surrounding waters, DEC officials said.

The spill reportedly happened on Feb. 26 after an abandoned building collapsed at Port William on the southern end of Shuyak Island, some 50 miles north northwest of the city of Kodiak. Estimated were that the entire contents of the bladder were released, with up to 3,000 gallons of bunker fuel spilled. The owner of the building had not been identified.

Read the full story at the Cordova Times