Saving Seafood

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

 

Status Review Finds Endangered Killer Whales Still Face High Risk of Extinction

January 20, 2022 — Alright, stop the presses, folks. What is a 5-year review? What’s a distinct population segment? How and why are the beloved Southern Resident killer whales (SRKWs) still in danger of becoming extinct? Let’s break this down.

What Does This All Mean?

First, let’s explore the factors we consider for a species to be placed on the Endangered Species list:

  • Present or threatened destruction, modification, or curtailment of its habitat or range
  • Over-utilization of the species for commercial, recreational, scientific, or educational purposes
  • Disease or predation
  • Inadequacy of existing regulatory mechanisms
  • Other natural or human-caused factors affecting its continued existence

SRKW were listed as endangered in 2005. The main threats being prey availability, pollution and contaminants, effects from vessels and sound, as well as small population size and vulnerability to oil spills. The Endangered Species Act requires a review of species listed under the Act every 5 years. Why? This ensures that the listed species retain an appropriate level of protection under federal law.

The SRKW are also what is called a “distinct population segment” of a tentative subspecies of North Pacific resident killer whales. Killer whales are found in every ocean and are all still known by the same species name, Orcinus orca. The SRKW are “distinct” based on their genetics, geographic range, and behavioral and cultural diversity compared to other resident orca whales in the North Pacific. They are the only resident killer whales that use coastal waters as far south as California. While many other orcas are doing well, the Southern Residents are not.

Read the full story at NOAA Fisheries

A court decision may help endangered orcas, but Alaskan fishermen are wary

November 8, 2021 — The southern resident killer whale population, three pods of orcas that ply the coastal waters between Monterey, California, and Vancouver Island, British Columbia, has dwindled to only 73 members. Scientists believe this endangered species, which relies almost exclusively on Chinook — or king — salmon, which are also in steep decline, is basically starving its way to extinction.

This past September, however, the U.S. District Court in Seattle seemed to offer the marine mammals a lifeline when it issued a preliminary decision that might make more Chinook available to orcas. Responding to a lawsuit filed by the Wild Fish Conservancy, the court found that the National Marine Fisheries Service (NMFS), the agency responsible for management of both fisheries and endangered marine species, had violated the Endangered Species Act when it determined that commercial harvest of Chinook off southeast Alaska would not jeopardize southern residents or endangered king salmon populations.

But while the court decision is expected to help orcas, it may be bad news for fishermen, as NMFS will likely need to rethink Chinook harvests.

Read the full story at FERN News

 

Biden admin to uproot Trump ‘critical habitat’ policies

October 27, 2021 — The Biden administration today moved to rescind Trump administration policies that crimped the designation of critical habitat to protect threatened or endangered species.

In a pair of long-anticipated moves, the Fish and Wildlife Service and NOAA Fisheries proposed getting rid of a Trump-era definition of critical habitat under the Endangered Species Act. FWS is also proposing to end a policy that made it easier to exclude territory.

Taken together, the two proposed rule changes could significantly alter the much-litigated ESA landscape and, supporters say, enhance conservation and recovery of vulnerable animals or plants.

They will also revive the debate over practical consequences and regulatory nuts and bolts that have shadowed the ESA since the day it became law in 1973 (Greenwire, Oct. 19).

“The Endangered Species Act is one of the most important conservation tools in America and provides a safety net for species that are at risk of going extinct,” said Assistant Interior Secretary for Fish and Wildlife and Parks Shannon Estenoz.

Read the full story at E&E News

 

U.S. waterways plan draws lawsuit over species impacts

October 13, 2021 — A U.S. plan to expand the commercial use of navigable waterways increases risks to already imperiled species like the North Atlantic right whale, an environmental group claims in a lawsuit filed in Newport News, Virginia federal court on Tuesday.

The Center for Biological Diversity accuses the U.S. Maritime Administration, part of the Department of Transportation, of violating the Endangered Species Act (ESA) with its America’s Marine Highway program by failing to consult with the Fish and Wildlife Service and the National Marine Fisheries Service to ensure the program does not jeopardize species protected under the statute.

The Center for Biological Diversity says that many of the marine highways are located in critical habitats for ESA-listed species, including humpback whales and leatherback sea turtles.

Read the full story at Reuters

Navy steams ahead with sonar testing despite state opposition, orca impacts

October 4, 2021 — Over the objections of Washington state officials and orca advocates, the U.S. Navy is steaming ahead with a plan for seven more years of testing sonar and explosives in waters off the Northwest coast.

The Navy says the piercing noise from its tests and training activities could harm eight species of whales listed under the Endangered Species Act.

But Navy officials, backed up by the National Marine Fisheries Service, say the occasional, temporary disturbances won’t threaten the orcas’ or any other species’ survival.

“At this time the Navy intends to proceed over the objection of the State of Washington,” the Navy’s Record of Decision document, published Friday, states.

Read the full story at KUOW

 

House Democrats Agree to $100 Million Allocation for Critically Endangered Species

August 31, 2021 — In a memo released by the House Natural Resources Committee, House Democrats will provide $550 million to the US Fish and Wildlife Service in the upcoming budget reconciliation package, including $100 million for some of the most critically imperiled species in the United States.

The legislation will include $25 million to conserve and restore four of the most imperiled types of endangered species in the United States: butterflies, eastern freshwater mussels, Southwest desert fish and Hawaiian plants.

“This is the largest investment in the recovery of endangered species in a generation, and I couldn’t be more thrilled,” said Brett Hartl, government affairs director at the Center for Biological Diversity. “If we’re going to tackle the extinction crisis and save these incredible species from the brink, this is exactly the type of bold action that’s needed.”

The reconciliation language mirrors Chairman Raúl Grijalva’s Extinction Prevention Act of 2021, which would fund on-the-ground conservation actions to stabilize the four groups of struggling endangered species.

A 2016 study found that Congress only provides approximately 3.5% of the estimated funding the Fish and Wildlife Service’s scientists say is needed to recover species. Roughly 1 in 4 species receives less than $10,000 a year toward recovery, and many of the endangered species that will benefit from this funding receive nothing for recovery in a given year.

Read the full story at Maui News

ASMFC Atlantic Menhaden Board Initiates Addendum on Fishery Measures

August 6, 2021 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Atlantic Menhaden Management Board initiated an addendum to Amendment 3 to consider changes to commercial allocations, the episodic event set aside (EESA) program, and the incidental catch and small-scale fisheries provision. This action responds to the recommendations of a Board work group charged with evaluating provisions of the current management program and providing strategies to refine those provisions.

Amendment 3 (2017) established commercial fishery allocations, allocating a baseline quota of 0.5% to each jurisdiction with the rest of the total allowable catch (TAC) allocated based on historic landings between 2009 and 2011. The work group report outlined landings have shifted in recent years, with some states landing significantly more quota (through transfers and other FMP provisions) than they are allocated due to changes in abundance of menhaden and availability of other bait fish. The Board action aims to align state quotas with recent landings and availability while maintaining access to the resource for all states, reduce dependence on quota transfers, and minimize regulatory discards.

The addendum will also propose changes to the EESA and incidental catch and small-scale fisheries provisions. Both provisions have been impacted by recent trends in landings, most notably in New England where states rely on the EESA to keep their commercial fishery open while working to secure quota transfers. The increasing abundance of menhaden in New England has also led to a rise of landings under the incidental catch and small-scale fisheries provision once commercial quotas have been met. The Board is interested in exploring options to promote accountability such as capping the total amount of landings under this category or to count these landings against the TAC. Management alternatives for the incidental catch and small-scale fisheries will also consider changes to the current eligibility of gear types under the provision. In addition to these topics, the Board indicated the management document should maintain flexibility to respond to management needs in the future.

The Board will consider the Draft Addendum at the Annual Meeting in October and provide feedback, if needed, to further develop the document. For more information, please contact Kirby Rootes-Murdy, Senior Fishery Management Plan Coordinator, at krootes-murdy@asmfc.org or 703.842.0740.

MAINE: Groups urge state to protect last wild Atlantic salmon in US

July 26, 2021 — Maine is home to the last wild Atlantic salmon populations in the U.S., but a new push to protect the fish at the state level is unlikely to land them on the endangered list.

Atlantic salmon once teemed in U.S. rivers, but now return from the sea to only a handful of rivers in eastern and central Maine. The fish are protected at the federal level under the U.S. Endangered Species Act, but a coalition of environmental groups and scientists said the fish could be afforded more protections if they were added to Maine’s own list of endangered and threatened species.

State law allows Maine Department of Marine Resources Commissioner Patrick Keliher to make that recommendation, but his office told The Associated Press he does not intend to do it. The department has done extensive work to conserve and restore the fish, and the commissioner “does not believe a listing at the state level would afford additional conservation benefits or protections,” said Jeff Nichols, a department spokesperson.

The environmentalists who want to see the fish on the state list said they’re going to keep pushing for it and other protections. Adding the fish to the state endangered list would mean conservation of salmon would be treated as a bigger concern in state permitting processes, said John Burrows, executive director for U.S. operations for the Atlantic Salmon Federation.

“The state of Maine and a handful of our rivers are the only places in the country that still have wild Atlantic salmon,” Burrows said. “It’s something that should happen, and should have happened.”

Atlantic salmon have disappeared from U.S. rivers because of damming, pollution and others environmental challenges, and they also face the looming threat of climate change. Nevertheless, there have been some positive signs in Maine rivers in recent years.

Read the full story at the Associated Press