Saving Seafood

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

 

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.