Endangered Species Act Archives - Page 24 of 25

NOAA Expands Critical Habitat for Endangered North Atlantic Right Whales

January 26, 2016 — The following was released by NOAA Fisheries:

Using new information not previously available, NOAA Fisheries is expanding critical habitat for endangered North Atlantic right whales to cover its northeast feeding areas in the Gulf of Maine/Georges Bank region and southeast calving grounds from North Carolina to Florida.

This final rule, which was initially proposed in February 2015 and received 261 general comments over a 60-day comment period, does not include any new restrictions or management measures for commercial fishing operations.

North Atlantic right whale mother and calf. Credit: Christin Khan/NOAA

“With two decades of new information and improved understanding since we first designated critical habitat for the species, we believe the expansion will further protect essential foraging and calving areas to further improve recovery of this animal,” said Eileen Sobeck, assistant NOAA administrator for NOAA Fisheries. “We’re making significant progress in reversing the population decline of the species, and are seeing signs of recovery – up to about 500 animals from the estimated 300 in 1994. But we still have a long way to get to complete recovery. “This rule is based on 35 years of aircraft and ship borne surveys of right whale distribution, research into foraging and prey availability to better understand right whale movements and life history. Together, these data provide a far more robust understanding of the factors critical to species recovery. Based on this information and public comments, NOAA scientists and managers determined a critical habitat expansion associated with feeding in the North and calving in the South is necessary for species recovery.

Under the Endangered Species Act, critical habitat within the range of the species consists of areas that contain physical or biological features essential to conservation of the species. The new designation does not create preserves or refuges or any other restrictions that directly affect the public. However, federal agencies conducting, funding or permitting activities in these areas, and project proponents that need federal permits or funding for such activities, are required to work with NOAA Fisheries to avoid or reduce impacts on critical habitat.

Figure 1: Comparison of 1994 and 2016 Right Whale Critical Habitat Designations

Read the final rule, along with comments and responses, as filed in the Federal Register this morning.

Read the whole press release on our website.

Water, Power and Oceans: A Year in Review – Protecting and Promoting Fishing Access

December 21, 2015 — The following was released by the House Subcommittee on Water, Power, and Oceans:

Through conducting oversight of the Obama Administration’s actions and through key marine resource management reforms, Subcommittee Republicans remain dedicated to preserving American’s access to our domestic offshore waters.

In June, the House of Representatives passed H.R. 1335, the “Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act.” This bill, introduced by Rep. Don Young (AK-At Large), makes key reforms to the Magnuson- Stevens Act – the primary law regulating federal fisheries management. H.R. 1335 increases transparency in federal fisheries agency decisions, empowers regional decision-making, and improves recreational fishing data and access through requiring state data into federal assessments. The bill also ensures access to marine resources by affirming that the Magnuson-Stevens Act shall remain the ultimate authority over federal fisheries management even within the bounds of a Marine National Monument or Marine Sanctuary. Hundreds of organizations support the bill, which is pending in the Senate.

Despite National Park Service estimates on low fish availability, Chairman Bishop and his crew caught 48 fish in 70 minutes in Biscayne Bay, Florida. Source: House Natural Resources Republicans

Gaps in fisheries science and management decisions are not the only issues impacting access to marine resources. This past year alone, the Administration has entertained a series of executive actions and agency rules that inhibit fishing access, often without even securing the support of local entities or states.

This was apparent in June when the National Park Service released the final General Management Plan for Biscayne National Park in Florida, which included 10,502 acres in state waters that would be closed to all commercial and recreational fishing – despite opposition from the State of Florida and others. In August, the House Committees on Natural Resources and Small Business held a joint oversight field hearing in Homestead, Florida to review the plan.

Highlighted in this hearing was H.R. 3310, a bill introduced by Rep. Ileana Ros-Lehtinen (FL- 27) that aims to avoid future situations like the one in Biscayne National Park by preserving a state’s right to manage the lands and waters within their jurisdiction. The text of H.R. 3310 was incorporated into H.R. 2406 in October by an amendment offered by Rep. Amata Radewagen (American Samoa). A number of fisheries organizations supported the amendment and H.R. 3310. You can find more information about this amendment and the markup here.

The Administration is considering additional ideas to close off further access. In September, the Subcommittee held an oversight hearing on a proposal being considered by the Administration to create the first Marine National Monument in the Atlantic, off of the coast of Cape Cod, Massachusetts. During this hearing, Subcommittee members heard of a September 15 Town Hall meeting hosted by the National Oceanic and Atmospheric Administration (NOAA), which one witness characterized as a “charade,” as so few details regarding Representatives Lee Zeldin and Tom the proposal had been made public at that time. Full Committee Chairman Bishop and Subcommittee Chairman Fleming and others subsequently sent a letter to NOAA and the Council on Environmental Quality echoing bipartisan requests for additional information regarding the proposal as well as additional opportunities for local input. Three months after the Town Hall meeting, the Administration has yet to release any additional information, including coordinates or maps, of the designation under consideration.

Representatives Lee Zeldin and Tom MacArthur and Chairman Rob Bishop in Long Island, New York. Source: House Natural Resources Republicans

The economic impacts of the potential Marine National Monument were also discussed at a December oversight field hearing in Long Island, New York, where the Natural Resources Committee and Rep. Lee Zeldin (NY-01) heard firsthand about the impacts of federal decision-making on public access and regional economies. This hearing highlighted the crucial reforms to federal fisheries management made by H.R. 1335 and the assurances that these provisions would give to the recreational and commercial fishing industries. Witnesses from the local commercial, recreational, and charter-for-hire industries expressed their support for reforms within the bill that increase transparency in federal decision-making and require greater incorporation of state and regional input.

The Subcommittee has also held hearings on specific bills aimed at regional fisheries issues in 2015. During a July 23 legislative hearing, the Subcommittee heard from fishermen, tribes, and the Administration about two necessary bills introduced by Rep. Jamie Herrera Beutler (WA-3) to preserve fishing access on the west coast: H.R. 564, the Endangered Salmon and Fisheries Predation Prevention Act of 2015, and H.R. 2168, the Dungeness Crab Management Act. To assist the recovery of Endangered Species Act (ESA) listed salmon in the Columbia River watershed and to protect tribal ceremonial, subsistence and commercial fisheries, H.R. 564 authorizes the U.S. Secretary of Commerce to issue expedited permits authorizing states and tribes to lethally take non-ESA listed sea lions under certain conditions. Fishermen and tribal leaders testified that this additional authority was necessary as sea lions have inhabited the lower Columbia River and have been ravaging ESA listed species of chinook, steelhead, coho, and chum salmon. During this hearing, the Subcommittee also heard unanimous support from the panel of witnesses for H.R. 2168, a bill to make permanent the long standing tri-state (Washington, Oregon and California) Dungeness crab management authority in place since 1980. H.R. 2168 passed the House of Representatives on October 6 and is pending in the Senate.

Sea Lion eating ESA listed Salmon in the Lower Columbia River. Source: Columbia River Inter-Tribal Fish Commission

The Subcommittee also held a hearing on H.R. 3094. As introduced by Rep. Garret Graves (LA-06) and others, the bill transfers the management authority of the red snapper fishery in federal waters from NOAA to a new authority comprised of a representative of each of the five Gulf of Mexico States in response to concerns over federal accountability, decisionmaking and access. The Subcommittee heard from a wide array of witnesses representing different user groups, including States, recreational industry, commercial and charter fishermen, and restaurants.

View a PDF of the newsletter

Gulf Seafood Institute’s President Harlon Pearce Appointed to NOAA’s Marine Fisheries Advisory Committee

December 15, 2015 — Secretary of Commerce Penny Pritzker has appointed Gulf Seafood Institute’s President Harlon Pearce, along with three other new advisors, to the National Oceanic and Atmospheric Administration’s (NOAA) Marine Fisheries Advisory Committee. The Marine Fisheries Advisory Committee (MAFAC) advises the Secretary on all living marine resource matters currently the responsibility of the Department of Commerce.

According to NOAA, the expertise of MAFAC members is used to evaluate and recommend priorities and needed changes in national programs and policies, including the periodic reauthorization of the Magnuson-Stevens Act, Endangered Species Act and Marine Mammal Protection Act. The members represent a wide spectrum of fishing, aquaculture, protected resources, environmental, academic, tribal, state, consumer, and other related national interests from across the U.S., and ensure the nation’s living marine resource policies and programs meet the needs of these stakeholders.

As owner and operator of Harlon’s LA Fish in New Orleans, a seafood processing and distribution company, Pearce has more than 46 years of experience in the seafood industry. He has been an advocate for developing strong and viable seafood industries, a “go to” source for the media and seafood events, and a guest speaker and lecturer.

A tireless spokesperson for Gulf seafood, he was instrumental in the foundation of the Gulf Seafood Institute, which advocates on behalf of the entire Gulf seafood community. Pearce previously served for nine years as the Louisiana Representative on Gulf of Mexico Fisheries Management Council and for 11-years was Chairman of the Louisiana Seafood Promotion and Marketing Board, a tenure which spanned both the devastating hurricane season of 2005 and the BP Deepwater Horizon Oil Spill.

Read the full story at the Gulf Seafood Institute

Finding Refuge for Salmon, Cold Water Preferred

December 11, 2015 — PORTLAND, Ore. — When Lewis and Clark first encountered the Columbia River in 1805, they wrote about nearby streams so thick with salmon that you could all but walk across on their backs.

Last summer, those streams looked very different. As a torrid heat wave settled over the Pacific Northwest, the salmon heading up the Columbia River from the ocean in their ancient reproduction ritual started dying en masse, cooked in place by freakishly hot water that killed them or made them vulnerable to predators. Sockeye died by the hundreds of thousands.

“It was a peek at the future,” said Jim Martin, a former chief of fisheries for Oregon, who now works on conservation issues for a fishing tackle company, Pure Fishing. “This is exactly what is predicted by climate-change models.”

Other salmon experts, though, said the future was not that clear. Even as the sockeye here were dying, they said, pink salmon were exploding in number, especially in the Puget Sound area around Seattle. Alaska, which actually supplies most of the wild-caught salmon eaten in Portland, Seattle and other coastal cities that have their identities tied to fish, had its own good-news story this year, with a near-record harvest.

Read the full story at the New York Times

Environmental groups want thorny skate on endangered list

November 11, 2015 — PORTLAND, Maine (AP) – A pair of environmental groups wants the U.S. government to add a species of skate to the list of animals protected under the Endangered Species Act, touching off a drive from some fishermen who say they are already burdened with too many regulations.

Animal Welfare Institute and Defenders of Wildlife say the thorny skate’s decline in the northwest Atlantic Ocean is troubling enough that it should be afforded protections reserved for endangered animals. Their request is before the National Oceanic and Atmospheric Administration, which has a year to make a decision about whether to protect the bottom-dwelling fish.

Federal surveys state that the fish’s population has declined since the late 1960s, and it was only 3 percent of its target level in the early part of this decade.

The thorny skate is one of at least three species in the Gulf of Maine, a key New England fishing area, that are up for potential listing. Listing a species under the Endangered Species Act can lead to habitat protections and fishing restrictions, and some fishermen plan to oppose listing the skate.

The listing would be especially bad for New England lobstermen because some use skate as bait, said Beth Casoni, executive director of the Massachusetts Lobstermen’s Association.

Read the full story from the Associated Press at the New Jersey Herald

Douglas Grout Elected New ASMFC Chair

November 4, 2015 — ST. AUGUSTINE, Fl. – The following was released by the Atlantic States Marine Fisheries Commission:

Today, member states of the Atlantic States Marine Fisheries Commission acknowledged the many accomplishments of outgoing Chair, Dr. Louis B. Daniel of North Carolina and elected Douglas Grout as its new Chair.

In assuming the chairmanship, Mr. Grout spoke enthusiastically about his new position, “I am honored to be elected by my colleagues from the 15 Atlantic coast states, and pledge to uphold the trust they have placed in me as I serve my term chairing the Commission. Under my watch, I will work to lead the Commission responsibly through the many challenges inherent in managing our nation’s coastal fisheries. I look forward to working closely with the Commission’s management partners and will ensure the voices of our many stakeholders are heard.”

“My predecessor, Louis Daniel, has cemented his legacy as a champion of marine fisheries and a role model to those they support by guiding the Commission through two productive years that included major management decisions for two of the Atlantic coast’s most iconic species, Atlantic striped bass and Atlantic menhaden. Evidenced by the fact that a record number of Commission-managed fisheries are thriving, Louis never backed away from making tough decisions and always did what he believed to be the right thing. Under his leadership, the Commission transitioned smoothly through a period of major staff turnover, avoided an Endangered Species Act listing of American eel, and completed numerous benchmark stock assessments. In a tough fiscal environment, he also fought to provide the states with the resources they needed to get the job done.”

Mr. Grout currently serves as the Chief of the Marine Fisheries Division of the New Hampshire Fish and Game Department where he has worked for over 30 years. He has been actively involved in the Commission process for many years, beginning in 1988 serving on the Management and Science Committee and numerous species technical committees. He received the Commission’s Award of Excellence in the Scientific/Technical/Advisory category in 2005. As a Commissioner, he has chaired the Northern Shrimp Section, the American Lobster Board, and most recently, the Atlantic Striped Bass Board. Mr. Grout received his M.S. and B.S. in Zoology from the University of New Hampshire and is an American Fisheries Society Certified Fisheries Scientist.

The Commission also elected James Gilmore from New York as its Vice-Chair.

Sturgeon Tag Find Brings NOAA Scientists to California School

October 30, 2015 — A green sturgeon tag is a real find, for a kid on the beach and for NOAA scientists.

Ethan Mora and Liam Zarri, researchers from NOAA’s Southwest Fisheries Science Center in Santa Cruz, woke up early on a recent October morning to gather critical scientific data on green sturgeon. But they weren’t off to some remote research station; they were going to an elementary school in Napa to reward one of the students with $20 for finding a lost satellite tag.

Deja Walker, a third-grade student at Napa Valley Boys and Girls Club, was strolling with her grandparents on Stinson Beach near San Francisco in early October when she noticed some boys throwing around what looked like a toy. When the kids tossed it aside, she investigated and found the nearly foot-long tube offered a reward for its return to NOAA.

What Deja didn’t know was that she had found one of several satellite tags used by NOAA researchers to understand the impact of commercial halibut fishing on green sturgeon, one of nature’s most prehistoric fish.

Green sturgeon are bottom feeders, scavenging on invertebrates and small fish. They can grow to about eight feet in length and live for about 70 years. Although they spawn in fresh water, the adults may travel up and down the West coast from Mexico to Alaska.

Sturgeon have meandered throughout our oceans and rivers since dinosaurs roamed the Earth. But despite their long history, one population of green sturgeon in California may be edging closer towards extinction. The southern population, or those green sturgeon that spawn in the Sacramento River basin, were listed as threatened under the Endangered Species Act (ESA) in 2006 because of the loss of historical spawning habitat.

Read the full story at The Fishing Wire

NOAA Fisheries Accepts Petition to List Thorny Skate under ESA

October 26, 2015 — The following was released by NOAA Fisheries:

In response to a petition from Defenders of Wildlife and Animal Welfare Institute (AWI) to list thorny skate (Amblyraja radiata) under the Endangered Species Act, we have prepared a 90-day finding. We accept the petition and are initiating a review of the status of the species.

The petition, which we received in May 2015, requested that we list a “Northwest Atlantic Distinct Population Segment” or a “United States Distinct Population Segment” of thorny skate as threatened or endangered. The petition also requested a designation of critical habitat for thorny skate.

The petitioners claim that the species numbers have been declining since the 1970s, and that the species is threatened by illegal landings, bycatch and discard mortality, inadequacy of existing regulatory mechanisms (related to fishing), global climate change and hypoxia, and natural stochastic events.

We will now start a review of the status of the species to determine if listing the species or any potential distinct population segments is warranted. We are asking for public input through the Federal Register notice published today.

You may submit information or data on this document by either any of the following methods:

Online: Submit information and data via the Federal eRulemaking Portal. Click the “Comment Now” icon, complete the required fields, and enter or attach your comments.
Mail: Submit information and data to Julie Crocker, NMFS Greater Atlantic Regional Fisheries Office, Protected Resources Division, 55 Great Republic Drive, Gloucester, MA 01930, USA.

The deadline for submissions is December 28.

Our determination will be published as a notice in the Federal Register within 12 months.

Questions? Contact Jennifer Goebel, Regional Office, at 978-281-9175 or Jennifer.Goebel@noaa.gov.

Thorny skate. Credit: NOAA/Tobey Curtis

WestPac Opposes ‘Uplisting’ Green Sea Turtle As Endangered

October 21, 2015 — PAGO PAGO, American Samoa – Exiting approach imposing “Western perspective” to protect green sea turtles, which are an integral part of history and culture of the Pacific people, has been ineffective, says Kitty M. Simonds, executive director of the Western Pacific Regional Fishery Management Council [WestPac] in Honolulu.

Simonds’ concerns were outlined in her 13-page letter providing comments and information to the US National Marine Fishery Service’s (NMFS) proposed listing of eleven Distinct Population Segments (DPS) of green sea turtles as endangered or threatened.

“The future of green turtle management is an important issue for the Council given that the species holds cultural and traditional significance throughout the Pacific Islands, including Hawai’i, the Commonwealth of the Northern Mariana Islands (CNMI), Guam, and American Samoa,” Simonds pointed out.

She explained that fisheries managed under the Council’s Fishery Ecosystem Plan (FEP), such as the Hawai’i longline fishery and the American Samoa longline fishery, are known to interact with several populations of green turtles, and the Council recently developed management measures for the American Samoa longline fishery to prevent interactions with green turtles.

According to the executive director, the Council during its June meeting in Honolulu this year reviewed the proposed rule and considered recommendations from its Scientific and Statistical Committee, Protected Species Advisory Committee and Advisory Panel.

From that meeting, the Council recommended, among other things, to provide exemptions to the take prohibitions under the Endangered Species Act (ESA), similar to the management mechanism implemented for ESA-listed salmon species. According to the Council, activities for take exemption should include limited directed take and active population management.

Read the full story at The Samoa News

U.S. Fish & Wildlife Service, AESA Agree: American Eel Population Stable, Not Threatened

WASHINGTON (Saving Seafood) — October 14, 2015 — The following was released by the American Eel Sustainability Association:

The U.S. Fish and Wildlife Service (FWS) has rejected a petition from the Council for Endangered Species Act Reliability (CESAR) to list American eels as “threatened” under the Endangered Species Act (ESA), confirming that the species is “stable” and not in need of Federal protection. The announcement also affirms and reiterates the American Eel Sustainability Association’s (AESA) repeated public statements attesting to the fishery’s sustainable operations, thanks in large part to the sacrifices made by eel fishermen to ensure proactive, responsible resource management.

According to the FWS, “the eel’s single population is overall stable and not in danger of extinction (endangered) or likely to become endangered within the foreseeable future (threatened).” This determination was reached after an extensive review of the most recent scientific data from several federal agencies and independent sources, including the National Oceanic and Atmospheric Administration (NOAA) and the Atlantic States Marine Fisheries Commission (ASMFC).

The Service specifically cited “harvest quotas and mechanisms restoring eel passage around dams and other obstructions” as some of the proactive measures being taken to conserve the species, as well as one of the primary reasons the American eel is not under threat. The FWS also mentioned the species’ wide geographic range, as well as “flexibility and adaptability” in its lifecycle and habitat as reasons for the decision.

This is the second time that the Service has determined that American eel does not require protections under the ESA, first ruling in 2007 that eels were not “endangered.” These repeated findings support AESA’s position that the species is being sustainably harvested, and that current management by the ASMFC is ensuring the health and future viability of the eel stock. Through their adherence to strict quotas and support of responsible management, American eel fishermen have played a key role in maintaining today’s healthy populations.

AESA commends the U.S. Fish and Wildlife Service for its thorough review of American eel, as well as the ASMFC for its proactive management and conservation of the species. AESA will continue to advocate for strong and responsible eel management to safeguard the sustainability for the future.

The American Eel Sustainability Association (AESA) is a leading industry organization focused on the science and management of American eel. For more information about AESA and the American eel fishery, please visit www.americaneel.org.

View a PDF of the release here