Saving Seafood

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

The History of Seabird Bycatch Reduction in Alaska

June 10, 2021 — The following was released by NOAA Fisheries:

The Seabird Bycatch Problem

The presence of “free” food in the form of offal and bait attracts many birds to fishing operations. In the process of feeding, birds sometimes come into contact with fishing gear and are accidentally killed. For example, most birds taken during hook-and-line operations are attracted to the baited hooks when the gear is being set. These birds become hooked at the surface and are then dragged underwater where they drown.

The Short-tailed Albatross and The Endangered Species Act

Because the endangered short-tailed albatross, Phoebastria albatrus, occurs in areas where commercial fisheries occur off Alaska, NOAA Fisheries engages in required section 7 Endangered Species Act (ESA) consultations with the U.S. Fish & Wildlife Service (USFWS), the federal agency with trust responsibility for seabirds. Short-tailed albatrosses have been observed from commercial fishing vessels off Alaska and several have been reported taken. The USFWS has issued Biological Opinions that address the potential effects of the Pacific halibut hook-and-line fishery and the Bering Sea/Aleutian Islands (BSAI) and Gulf of Alaska (GOA) hook-and-line groundfish fisheries on the endangered short-tailed albatross. The USFWS Biological Opinions state that these fisheries are not likely to jeopardize the continued existence of the short-tailed albatross. But because incidental take in the fisheries is possible, an incidental take limit has been established for each fishery. Every 2 years, beginning with 2016-2017, up to 6 short-tailed albatrosses are allowed in the BSAI and GOA groundfish hook-and-line or trawl fisheries. Up to 2 short-tailed albatrosses are allowed in the Pacific halibut fishery off Alaska. If either take limit is exceeded, NOAA Fisheries immediately re-initiates consultation with USFWS to consider possible modifications of the reasonable and prudent measures established to minimize the impacts of the incidental take.

In general, the seabird avoidance measures used to help the short-tailed albatross are not species-specific, therefore the measures can also help reduce the bycatch of other seabirds that occur around commercial fishing vessels.

Read the full release here

NOAA Sets Framework to Reduce Right Whale Entanglements

June 1, 2021 — As North Atlantic Right whale populations continue to dwindle, the National Oceanic and Atmospheric Administration has put out a new biological opinion that will require fixed gear and trap pot fisheries in the Northeast to reduce whale entanglements by 87 per cent over the next decade.

Issued by NOAA Fisheries on May 27, the nearly 600-page opinion includes a phased, four-step conservation framework to cut down on serious injury and mortality for the species throughout federal waters along the Atlantic coastline, although it does not detail the specific conservation measures necessary to achieve the reduction.

The opinion follows a federal U.S. District Court ruling that NOAA had violated the Endangered Species Act by not adequately regulating the lobster industry, instituting a Take Reduction Plan that allowed for approximately three times as many right whale deaths per year as was sustainable.

Current conservation measures proposed by NOAA’s right whale take reduction team include new rules on the Jonah crab and Northeast region lobster industry that focus on gear markings, vertical line and rope reduction, seasonal fishery restrictions or closures and weaker rope for pots. The rules represent the first phase of the conservation framework, and will reduce right whale serious injury and mortality by an estimated 60 per cent.

But the new biological opinion and conservation framework claims that is not nearly enough to save the species from extinction.

Read the full story at the Vineyard Gazette

NOAA Fisheries Releases Final “Batched” Biological Opinion & North Atlantic Right Whale Conservation Framework

May 27, 2021 — The following was released by NOAA Fisheries:

Today, NOAA Fisheries released its Endangered Species Act (ESA) section 7 Biological Opinion on the authorization of eight federal fisheries management plans under the Magnuson-Stevens Fishery Conservation and Management Act, two interstate fishery management plans under the Atlantic Coastal Fisheries Cooperative Management Act, and the implementation of the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2. We also released the North Atlantic Right Whale Conservation Framework for Federal Fisheries in the Greater Atlantic Region (Conservation Framework). NOAA Fisheries has evaluated the effects of the authorization of the fisheries, as modified by the Conservation Framework, on endangered and threatened species.

The 10 fisheries included in the Opinion are: (1) American Lobster, (2) Atlantic Bluefish, (3) Atlantic Deep-Sea Red Crab, (4) Mackerel/Squid/Butterfish, (5) Monkfish, (6) Northeast Multispecies, (7) Northeast Skate Complex, (8) Spiny Dogfish, (9) Summer Flounder/Scup/Black Sea Bass, and (10) Jonah Crab fisheries.

We released a draft Opinion on January 15, 2021 to the New England and Mid-Atlantic Fishery Management Councils and shared it with the Atlantic States Marine Fisheries Commission. We accepted feedback from the New England and Mid-Atlantic Fishery Management Councils/Commission and other interested parties through February 19, 2021. This feedback was considered in developing the final Opinion.

In developing the Opinion, NOAA Fisheries identified that, to meet the mandates of the ESA, mortality and serious injury of North Atlantic right whales due to federal fisheries managed by the Greater Atlantic Regional Fisheries Office needs to be further reduced. Therefore, NOAA Fisheries developed and is committed to implementing a Conservation Framework to further reduce mortality and serious injury of North Atlantic right whales resulting from entanglements by the federal fisheries. The reduction in entanglements is also expected to reduce sublethal effects that may affect the health and reproductive output of right whales. This Conservation Framework outlines NOAA Fisheries’ commitment to implement measures that are necessary for the recovery of right whales, while providing a phased approach and flexibility to the fishing industry.

Through the ESA section 7 consultation, we have evaluated the effects of these fisheries, as modified by the Conservation Framework, on endangered and threatened species. The Opinion concludes that impacts from the authorization of the fisheries, as modified by the Conservation Framework, are not likely to jeopardize the continued existence of any ESA-listed species in the action area, including sea turtles, listed marine mammals, and listed fish. We also determined that the fisheries, as modified, are not likely to result in the destruction or adverse modification of any designated critical habitat.

NOAA Fisheries, through the Greater Atlantic Region’s Sustainable Fisheries and Protected Resources Divisions, is committed to implementing the Conservation Framework and other measures identified in the consultation to ensure that impacts to NOAA Fisheries’ trust resources are minimized. For more information and to read the Biological Opinion and  Conservation Framework please visit our website.

Read the full release here