Saving Seafood

NOAA Fisheries Releases Proposed Rule for Marine Mammal Non-Lethal Deterrents

August 28, 2020 — The following was released by NOAA Fisheries:

Today, NOAA Fisheries is soliciting input on a proposed regulation for safely deterring marine mammals from damaging fishing gear or catch, damaging personal or public property, or endangering personal safety. MMPA section 101(a)(4)(B) directs the Secretary of Commerce, through NOAA Fisheries, to publish guidelines for safely deterring marine mammals and recommend specific measures to non-lethally deter marine mammals listed as endangered or threatened under the Endangered Species Act. This is an opportunity for the public to provide input on these guidelines and recommended specific measures. NOAA Fisheries has included in the guidelines and recommended specific measures those deterrents that are unlikely to kill or seriously injure marine mammals; we have not evaluated the effectiveness of deterrents.

We are accepting comments on the proposed rule for 60 days through 10-30-2020.  For more information and to review the draft Environmental Assessment and other materials prepared in support of this action visit our website.

Judge won’t close offshore lobster area; grants NMFS more time for whale analysis

August 21, 2020 — A federal judge granted the National Marine Fisheries Service a May 31, 2021 deadline to produce new biological opinion on the Northeast lobster fishery and northern right whale, following up on his earlier ruling that the agency had violated the Endangered Species Act with a 2014 opinion.

But in his new decision issued Monday, U.S. District Court Judge James E. Boasberg granted NMFS the nine-month grace period it had requested, rather than a Jan. 31, 2021 deadline sought by environmental groups that had sued the agency.

Boasberg also decided against ordering an immediate halt to the use of vertical lines for lobster gear in an area traversed by right whales south of Martha’s Vineyard and Nantucket – a ‘Southern New England Restricted Area,’ about the size of Connecticut, proposed by plaintiffs including the Center for Biological Diversity and Conservation Law Foundation.

In a 31-page memorandum of opinion, the District of Columbia judge laid out his reasoning, and recognized the difficulties NMFS faces in resolving the right whale issues. But he included a stern warning to the agency and to make progress.

Read the full story at National Fisherman

The Army Corps failed to enact endangered species protections for Willamette River salmon, judge rules

August 19, 2020 — A federal judge has ruled in favor of claims that federally owned dams on the upper Willamette River have failed to carry out Endangered Species Act protections for chinook salmon and steelhead.

U.S. District Judge Marco A. Hernandez ruled Tuesday that the Army Corps of Engineers and the National Marine Fisheries Service (NMFS) fell short of their legal obligations by delaying action or failing to take necessary steps under a 2008 Willamette River Biological Opinion plan. The plan included dozens of measures to ensure the survival and recovery of upper Willamette River wild spring chinook and winter steelhead.

It was a result of a previous lawsuit filed in 2007 by environmental organization Willamette Riverkeeper and Northwest Environmental Defense Center against the Corps for not producing a Biological Plan for the Willamette Basin and failing to comply with the ESA.

Read the full story at OPB

Feds: NW Atlantic Leatherback Turtle Population Listing Change Not Warranted; Species Still at Risk

August 13, 2020 — A new review of leatherback sea turtle science found that seven distinct populations of leatherback sea turtles face a high extinction risk, according to the National Marine Fisheries Service and U.S. Fish and Wildlife Service.

The federal agencies released the information Monday, noting that all seven are currently listed as endangered. Neither agency proposed a change to current global listings since a petition to identify the Northwest Atlantic population as a distinct population segment and threatened, not endangered, under the Endangered Species Act was unjustified.

Read the full story at Seafood News

The lobster industry has lost a crucial certification for sustainability

August 4, 2020 — In significant news for the lobster industry, the Marine Stewardship Council has suspended its certification of lobster as sustainable, citing concerns about the lucrative industry’s effect on critically endangered North Atlantic right whales.

The suspension, effective Aug. 30, applies to all lobster in the Gulf of Maine, according to the council, a London-based nonprofit that sets international standards for sustainable fishing.

“The suspension comes following an expedited audit and thorough review … during which it was determined that the fishery no longer meets the MSC fisheries standard,” said Jackie Marks, a spokeswoman for the council.

The suspension was linked to a federal district court ruling in April that found that the National Marine Fisheries Service had violated the Endangered Species Act by failing to protect right whales from becoming entangled in millions of lobster lines.

Read the full story at The Boston Globe

Agreement Reached To Protect Dwindling Shark Species

July 2, 2020 — A threatened shark species is poised to see new protections against overfishing under a deal with federal officials, conservation groups and a Native Hawaiian cultural practitioner, according to Earthjustice.

More than 300,000 oceanic whitetip sharks have died as bycatch in commercial fishing nets off Hawaii and American Samoa since 2013, and the species is believed to have declined by as much as 95% since the mid-1990s, according to a release from the nonprofit law organization.

It’s been listed as threatened under the Endangered Species Act — but it’s never been designated as “overfished,” the release stated.

Read the full story at the Honolulu Civil Beat

Federal Fishery Managers Say Measures for US Fisheries Should Reflect Their Low Impact on Protected Species Compared to Foreign Fisheries

June 26, 2020 — The following was released by the Western Pacific Regional Fishery Management Council:

The Western Pacific Regional Fishery Management Councilconcluded its three-day virtual meeting today on the management of federal fisheries in waters offshore of the State of Hawai’i, the Territories of American Samoa and Guam, the Commonwealth of the Northern Mariana Islands (CNMI) and the US Pacific Remote Islands Areas. Established in 1976 under purview of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the Council monitors federal fisheries operating in these waters and develops management plans and amendments for them. Discussions and recommendations at today’s Council meeting focused on protected species interactions and the international nature of the region’s pelagic fisheries.

While the MSA is the nation’s preeminent fisheries legislation, the region’s fisheries are often managed to meet other legislation, such as the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA). Under the ESA, NMFS develops a biological opinion (BiOp) to evaluate whether a federally managed fishery jeopardizes the continued existence of species listed as threatened or endangered. If the fishery is likely to jeopardize species, NMFS must implement reasonable and prudent alternatives (RPAs) to avoid jeopardizing the species. If the fishery is not likely to jeopardize species, NMFS must implement reasonable and prudent measures (RPMs) to minimize impacts of any incidental take by the fishery. Currently, NMFS is developing BiOps and considering RPMs or RPAs for the Hawai’i deep-set longline fishery, which targets bigeye tuna, and for the American Samoa longline fishery, which targets South Pacific albacore tuna. Of particular concern is the Hawai’i fleet’s interaction with leatherback and loggerhead sea turtles. These RPMs in the past have required the shallow-set longline fishery to close after interacting with 16 leatherback turtles, even if they were released alive.

The Council also recommended that drafting of the RPMs place priority on improving handling and release methods to improve post-hooking survival rates and on creating industry-led incentives to report and reduce impacts.

During public comment, Eric Kingma, Hawaii Longline Association executive director, noted that the Hawaii fleet is only 4% of longline effort in the WCPO. “While we don’t have significant impact on the protected species populations, we can help by designing innovative measures and transferring them to the international fisheries,” he said.

Among other related recommendations, the Council will ask the Seafood Trade Task Force, created by Executive Order 13921, to evaluate all impacts of foreign-sourced fishery products on domestic fisheries and markets. The evaluation should focus on foreign-forced products into Hawai’i and Guam with known seafood safety concerns, such as carbon-monoxide gassed tuna including the potential suspension of such products during the COVID-19 outbreak.

The Council also requested that the director of the NMFS Office of International Affairs and Seafood Inspection provide a status update on the certification of foreign fisheries that meet the MMPA equivalency provisions. Measures implemented under the MMPA have had an impact on the Hawai’i deep-set longline fishery, which has been unable to operate within a 132,000 square mile area (called the Southern Exclusion Zone) within the US exclusive economic zone around Hawai’i, after its interaction with two false killer whales that NMFS characterized as being at a level to create mortality and serious injury.

The Council recommended that the 2021 catch limits for longline bigeye be set at 2,000 mt each for American Samoa, Guam and the CNMI and that each Territory be allowed to allocate up to1,500 mt to US longline fisheries permitted under the Pelagic Fishery Ecosystem Plan, pursuant to Amendment 7 of that plan. However, the collective total allocation among the three Territories is not to exceed 3,000 mt.

The meeting agenda and briefing documents can be found at www.wpcouncil.org/meetings-calendars.

Enviros Want Salmon Listed on Maine Endangered List

June 2, 2020 — A coalition of Maine conservation groups is calling on the state to add the Atlantic salmon to its list of endangered species.

Maine’s rivers were once full of the salmon, but their population was decimated by overfishing, damming and environmental factors. They return only to a few rivers, and are protected under the federal Endangered Species Act.

The environmental groups, including Downeast Salmon Federation, the Maine chapter of the Native Fish Coalition, Friends of Merrymeeting Bay and several others, sent their request to the Maine Department of Inland Fisheries & Wildlife on Monday. They said the salmon belong protected by the Maine Endangered Species Act because “the only viable Atlantic salmon population in the United States is the Gulf of Maine distinct population segment.”

Read the full story from the Associated Press at U.S. News

2020 Species Recovery Grant Awardees Announced

June 2, 2020 — The following was released by NOAA Fisheries:

Today, NOAA Fisheries is announcing the award of $6.5 million in funding to states and tribes through its Species Recovery Grant Program. These grants promote the recovery of species listed as endangered or threatened under the Endangered Species Act.

States and tribes play an essential role in conserving and recovering species. Threatened or endangered species under NOAA Fisheries’ jurisdiction may spend all or part of their lifecycle in state waters. Successfully conserving these species depends largely on working cooperatively with states and tribes. This year’s funding support our state and tribal partners in a range of activities, such as:

  • Designing and testing new fishing gear to reduce or remove significant sources of mortality and injury.
  • Assessing and monitoring species presence, status, and movement, and collecting genetic information to improve understanding of population distribution, foraging ecology and habitat use, population structure, and restoration efforts.
  • Engaging the public in conservation of Endangered Species Act-listed species.

In the Greater Atlantic Region the funding will support one new award and the continuation of seven multi-year projects that were approved in prior grant cycles.

Read our web story to learn more or visit the complete descriptions of funded projects to states and Tribes.

In another significant ruling for right whales, a federal judge rules that Massachusetts is violating the Endangered Species Act

May 4, 2020 — In another shot across the bow of the lobster industry, a federal judge ruled Thursday that state regulators have violated the Endangered Species Act by licensing lobstermen to use fishing gear that entangles North Atlantic right whales.

The ruling requires Massachusetts officials to obtain a permit from the National Marine Fisheries Service to license vertical buoy lines, the ropes that connect lobster traps on the seafloor to buoys at the surface.

Those lines are vital to the fishery but have been the leading cause of death of right whales over the past decade, accounting for more than half of all known causes. In the past three years, 30 right whales have died, reducing their population to around 400.

In her ruling, Judge Indira Talwani of the US District Court in Boston said the continued use of buoy lines was likely to cause further harm to right whales, which scientists say could become functionally extinct within the next 20 years.

Read the full story at The Boston Globe