Saving Seafood

Biden administration wins reprieve in fixing Endangered Species Act flaws

November 17, 2022 — The Biden administration can reevaluate changes made by the previous administration to the Endangered Species Act without at the same time fighting a trio of lawsuits by environmentalists and state and local governments that challenged the 2019 overhaul of the law.

U.S. District Judge Jon Tigar in Oakland on Wednesday granted the requests by the U.S. Fish and Wildlife Service and National Marine Fisheries Service to send the 2019 changes back to them for further reconsideration. The judge left the changes to the ESA intact, saying he couldn’t vacate them without having first ruled on the merits of the environmentalists’ claims.

The Center for Biological Diversity and other environmental organization sued in 2019 after the Trump administration weakened several provision of the ESA such as not automatically extending protections against killing, harassing, harming or collecting threatened species as well as endangered species.

Read the full article at Courthouse News

Biden admin picks up pace on Endangered Species Act rewrite

October 28, 2022 — The Biden administration could be done with its rewrite of Trump-era Endangered Species Act rules by May 2024, an official noted in an update for a federal judge overseeing a crucial legal challenge.

Samuel Rauch III, NOAA Fisheries’ deputy assistant administrator for regulatory affairs, stated that he had previously estimated the final ESA rule changes could be published two years after the judge rules on the lawsuit, first filed in 2019. Now, he says definitively that the final rule changes could be done by May 2024.

“Since my [earlier estimate] was filed, the Services have been further examining and clarifying an anticipated timeline for a rulemaking to propose revisions to the 2019 rules,” Rauch wrote in the administration’s most recent legal filing.

Read the full article at E&E News

Judge throws out Trump-era rollbacks on endangered species

July 6, 2022 — A federal judge on Tuesday threw out a host of actions by the Trump administration to roll back protections for endangered or threatened species, a year after the Biden administration said it was moving to strengthen such species protections.

U.S. District Judge Jon Tigar in Northern California eliminated the Trump-era rules even as two wildlife agencies under President Joe Biden are reviewing or rescinding the regulations. The decision restores a range of protections under the Endangered Species Act — including some that date to the 1970s — while the reviews are completed. Environmental groups hailed the decision, which they said sped up needed protections and critical habitat designations for threatened species, including salmon in the Pacific Northwest.

Tigar’s ruling “spoke for species desperately in need of comprehensive federal protections without compromise,” said Kristen Boyles, an attorney for the environmental group Earthjustice. “Threatened and endangered species do not have the luxury of waiting under rules that do not protect them.”

The court ruling comes as two federal agencies — the U.S. Fish and Wildlife Service and National Marine Fisheries Service — review five Endangered Species Act regulations finalized by President Donald Trump’s administration, including critical habitat designations and rules requiring federal agencies to consult with the wildlife or fisheries services before taking actions that could affect threatened or endangered species.

Read the full story at the AP News

Federal agencies reverse Trump limits on habitat protection

June 24, 2022 — The Biden administration on Thursday withdrew a rule adopted under former President Donald Trump that limited which lands and waters could be designated as places where imperiled animals and plants could receive federal protection.

A definition of “habitat” published in December 2020, shortly before Trump left office, restricted areas the government could identify as critical for particular wildlife. Environmental advocates said the move would put more species on a path toward extinction, while supporters said it would secure private property rights.

In rescinding the rule, The U.S. Fish and Wildlife Service and the National Marine Fisheries Service said it could hamper their mission to make science-based critical habitat decisions.

“The growing extinction crisis highlights the importance of the Endangered Species Act and efforts to conserve species before declines become irreversible,” said Shannon Estenoz, assistant interior secretary for fish, wildlife and parks.

Read the full story at the Associated Press

 

NOAA announces $6.2 million in endangered species recovery grants

April 29, 2022 — The following was released by NOAA Communications:

NOAA Fisheries is proposing 12 new projects and the continuation of 13 multi-year projects under the Species Recovery Grants Program, with up to $6.2 million in new funding. The program supports management, research, monitoring and outreach activities that have direct conservation benefits for endangered species.

Up to $3.6 million in funding for new awards are proposed for projects in Alaska, California, Delaware, Georgia, Hawaii, Florida, Maryland, Oregon, Puerto Rico and to the Makah Tribe. And up to $2.6 million in funding will continue to support 13 existing projects approved through prior grant cycles.

“States and tribes play an essential role in conserving and recovering species,” said Janet Coit, assistant administrator for NOAA Fisheries, and acting assistant secretary of commerce for oceans and atmosphere and deputy NOAA administrator. “NOAA is responsible for endangered species that may spend all or part of their lifecycle in state waters, and successful conservation depends on our cooperation with valued state and tribal partners.”

This year’s recommended projects support our state and tribal partners in a range of activities, such as:

• Assessing and monitoring endangered and threatened species, including evaluating abundance, spawning and foraging behaviors.

• Collecting demographic and genetic information to improve understanding of population distribution, habitat use and impacts from human threats.

• Assessing the impacts of climate change on species’ predator-prey interactions, and population distribution, abundance and recovery.

• Improving captive reproduction, health and survival of endangered species.

• Assisting with animal stranding responses.

• Assessing threats of specific prey populations to the diet of endangered species.

• Engaging the public in conservation of Endangered Species Act-listed species.

The Species Recovery Grant Program began in 2003 and is an example of how NOAA advances funding opportunities and partnerships towards recovering species while supporting our mission of preserving marine resources for future generations.

During this period of the selection process, the application approval and obligation of funds is not final. Each application is being “recommended” for funding. This is not an authorization to start the project and is not a guarantee of funding. A complete list of funded projects to states and tribes is available online. Awardees will be notified directly when applications are approved in the coming months. For more information about this year’s proposed projects, please visit the NOAA Fisheries website.

 

NOAA Fisheries Designates Critical Habitat for Ringed and Bearded Seals in U.S. Arctic

April 1, 2022 — NOAA Fisheries is designating critical habitat in U.S. waters off the coast of Alaska for Arctic ringed seals and the Beringia distinct population segment (DPS) of bearded seals. Both species are listed as threatened under the Endangered Species Act (ESA).

The ESA requires that NOAA Fisheries designate critical habitat for listed species in areas within the jurisdiction of the United States.

Critical habitat identifies geographic areas that contain features essential to the conservation of a listed species.

For each species, the critical habitat area includes marine waters of the northern Bering, Chukchi, and Beaufort seas. The critical habitat boundaries differ between the two species, reflecting differences in where the essential habitat features for each species are found. For each of the designations, the geographic extent of the critical habitat is discussed in detail in the final rule and is depicted on a map.

The final rule to designate critical habitat for Arctic ringed seals excludes an area of the Beaufort Sea used by the Navy for training and testing activities, based on national security impacts.

NOAA Fisheries considered public comments on the proposed designation, and used the best scientific data available, including independent peer review. Before designating critical habitat, we gave careful consideration to potential economic, national security, and other relevant factors.

Read the full story from NOAA Fisheries

Western Pacific Council Asks for Remedies to ESA Consultation Delays, Monument Management Plans

March 29, 2022 — Endangered Species Act consultations through NMFS takes time, but the Western Pacific Regional Fishery Management Council is tired of waiting.

Council Chair Archie Soliai reiterated concerns about NOAA Pacific Islands Regional Office delays in completing ESA consultations for the region’s longline and bottomfish fisheries when the Council met last week.

“Our experience with ESA consultations over the last several years have left us with the impression that our Council process is not respected,” Soliai said in a press release. “The Council is here to ensure the sustainability of our region’s fishery resources as mandated by the Magnuson-Stevens Act. We ask PIRO to provide us with realistic timelines and meaningful dialogue, so we may work together to complete these biological opinions and ensure that our fisheries can continue to operate in compliance with ESA.”

The Council said it will convey its concerns to Janet Coit, assistant administrator for the National Marine Fisheries Service (NMFS), requesting assistance so biological opinions are completed in coordination with the Council.

Read the full story at Seafood News

WPRFMC Asks for Remedies to Long-Standing Issues in Western Pacific Region

March 25, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

At the Western Pacific Regional Fishery Management Council meeting today, Chair Archie Soliai reiterated concerns about NOAA Pacific Islands Regional Office (PIRO) delays in completing Endangered Species Act (ESA) consultations for the region’s longline and bottomfish fisheries.

“Our experience with ESA consultations over the last several years have left us with the impression that our Council process is not respected,” emphasized Soliai. “The Council is here to ensure the sustainability of our region’s fishery resources as mandated by the Magnuson-Stevens Act.” Soliai added, “We ask PIRO to provide us with realistic timelines and meaningful dialogue, so we may work together to complete these biological opinions and ensure that our fisheries can continue to operate in compliance with ESA.”

The Council will convey its concerns to Janet Coit, assistant administrator for the National Marine Fisheries Service (NMFS), requesting assistance so biological opinions are completed in coordination with the Council.

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The Council believes the existing Mariana Trench Marine National Monument (MTMNM) management plan should be implemented ahead of any national marine sanctuary nomination in the Marianas, as it may provide protections the nomination seeks. The MTMNM boundaries, including the omission of the water column, already reflects the Commonwealth of the Northern Mariana (CNMI) government’s management needs.

Council comments in February to NOAA’s Office of National Marine Sanctuaries (ONMS) on the 5-year nomination review, explained the MTMNM greatly reduced the need for sanctuary protection. Concerns in the proposed sanctuary, such as fishing regulations, are already addressed through the MTMNM management plan and Magnuson-Stevens Act. Foreign fishing is prohibited.

“ONMS needs to be clear about what is proposed,” said Michael Tenorio, CNMI Division of Fish and Wildlife fisheries supervisor. “The nomination seems to allude to closing fishing to the community and it’s causing confusion.”

The Council asked NOAA to remove the proposed sanctuary from the national inventory and assist Friends of the Mariana Trench Monument with developing a revised proposal vetted through the CNMI and Guam communities. This would create a stronger proposal with broad community support, one of the 11 evaluation criteria for inclusion on the inventory list. The CNMI Governor Ralph DLG Torres and other community members have expressed strong opposition to the proposed marine sanctuary plan.

The public comment period has been extended to April 25, and comments can be submitted at www.regulations.gov/document/NOAA-NOS-2022-0005-0034.

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Equity and environmental justice (EEJ) is a priority for the Council, and influences all programs, approaches and actions. The Council raised EEJ-related issues and opportunities throughout the meeting this week.

“I think this is very important and am glad it’s finally coming to fruition after 30 years,” said Monique Amani, Council member from Guam, referencing when the EJ social movement began. “I fully support this initiative – we’re part of the United States, but the services and investments to our communities aren’t always the same for the territories,” she added.

The Council approved a draft Western Pacific EEJ approach and will develop a regional strategy to direct future work. Together with the Council’s new Pacific strategy to advocate for equitable fisheries in the region, our fishing communities will be better positioned to benefit across global, regional and national landscapes.

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The Council recommended NMFS clarify a 2015 notice of proposed rule-making that would acknowledge an American Samoa purse seine fleet, distinct from a U.S. fleet. A proposed rule is expected in April 2022.

American Samoa does not have direct access to the high seas and most purse seine fishing effort occurs within waters of small island states and tropical waters north of the territory. However, American Samoa is home to a tuna cannery that is the territory’s most important private employer.

In 2015, Tri Marine purse seine vessels petitioned the United States to remove high seas fishing limits for vessels that offload at least 50% of their catch in American Samoa, citing Western and Central Pacific Fisheries Commission (WCPFC) fishing restrictions that impede their ability to support the territory’s economy. NMFS denied the petition in October 2015, but stated it could reconsider taking action if there was evidence that WCPFC restrictions have a negative impact on the territory’s economy.

“Seven years have passed and American Samoa’s dire situation is self-evident with the exodus of U.S. vessels and the need to supply our cannery,” said Council Chair Archie Soliai. PIRO Regional Administrator Michael Tosatto was unable to provide specifics on proposed regulations.

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The Council appointed the following officers for 2022: Archie Soliai, chair; Will Sword, American Samoa vice chair; John Gourley, CNMI vice chair; Manny Duenas, Guam vice chair; and Roger Dang, Hawai‘i vice chair.

 

White House starts key ESA ‘critical habitat’ review

March 14, 2022 — The Fish and Wildlife Service this week stepped closer toward erasing a Trump administration rule that crimped the Endangered Species Act’s definition of “critical habitat.”

On Tuesday, records show, the federal agency, along with NOAA Fisheries, submitted a long-awaited ESA rule for final White House review. Once the Office of Information and Regulatory Affairs has done its thing, it will be go time for one of the environmental community’s priorities.

“The Endangered Species Act has saved hundreds of irreplaceable plants and animals from extinction, but it could be doing so much more good,” Stephanie Kurose, a senior policy specialist at the Center for Biological Diversity, said in a statement.

Kurose added that “despite the law’s remarkable success, the services have been reluctant to fully implement it, succumbing to years of political and industry pressure to weaken what is the only hope for imperiled species.”

On Tuesday, the same day the federal agencies handed the ball to White House reviewers, the Center for Biological Diversity filed a sweeping petition urging FWS and NOAA Fisheries to take a variety of actions.

Read the full story at E&E News

 

Get to Know Your Pacific Islands Threatened and Endangered Species

February 5, 2022 — Did you know that Hawaiʻi hawksbill sea turtles like to nest in beach vegetation? That giant manta rays are picky about the individuals they socialize with? That oceanic whitetip sharks were once the most abundant sharks in the ocean? How about that these three Pacific Islands species are all listed under the Endangered Species Act (ESA)?

The ESA was signed into law on December 28, 1973. Under the act, the federal government must protect species listed:

  • Endangered (those that are in danger of extinction)
  • Threatened (those that are likely to become endangered in the foreseeable future)

Read the full story at NOAA Fisheries