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MARK HELVEY: Protect California’s Drift Gillnet Fishery

August 24, 2018 — WASHINGTON — California’s drift gillnet (DGN) fishery has come under attack in recent months. One of the most prominent media attacks was a July Los Angeles Times editorial “Dead dolphins, whales and sea turtles aren’t acceptable collateral damage for swordfishing,” which irresponsibly called for the shut down of the fishery. Like many similar critiques, it overlooked the ways DGN fishermen have worked to reduce bycatch and the unintended consequences of shutting down the fishery.

It is first important to note that the DGN fishery operates legally subject to all bycatch minimization requirements in federal law. This includes not just the Magnuson-Stevens Act—the primary federal fishing law—but also the Marine Mammal Protection Act and the Endangered Species Act (ESA). These statutes are precautionary and conservation-minded, and help make U.S. fisheries some of the most environmentally conscious and best managed in the world.

DGN fishermen have collaborated extensively with NOAA’s National Marine Fisheries Service over the years to further reduce bycatch. Since 1990, the fishery has operated an observer program to effectively monitor bycatch. It has deployed devices such as acoustic pingers to ward off marine mammals from fishing gear, has established the Pacific Offshore Cetacean Take Reduction Plan to further reduce marine mammal interactions, and has implemented time/area closures to reduce interactions with endangered sea turtles.

These measures have led to significant progress in reducing bycatch. For example, no ESA-listed marine mammals have been observed caught in the DGN fishery since the 2010-2011 fishing season and no listed sea turtles since the 2012-2013 season.

As mentioned in the Times editorial, there is indeed good news from fisheries deploying new, experimental deep-set buoy gear. But it is just that – experimental, and it is still unclear whether it will become economically viable. And while fishermen hope that it does, the volumes produced won’t make a dent in the over 80 percent of the 20,000 metric tons of swordfish consumed annually in the U.S. that comes from foreign fisheries.

Often missing from the discussion of the drift gillnet fishery is that most foreign fisheries are far less regulated and are much more environmentally harmful than any U.S. fishery. Should the U.S. DGN fishery be shut down, it will only further increase our reliance on this imported seafood. All U.S. fishermen abide by the highest levels of environmental oversight relative to their foreign counterparts, meaning that U.S. caught seafood comes at a fraction of the ecosystem impacts occurring abroad.

Californians need to understand this and help protect U.S. fisheries that are striving to do things the right way. California’s DGN fishermen provide seafood consumers with a local source of sustainably-caught, premium quality swordfish. We should thank them by keeping them on the water.

Mark Helvey had a 30-year career with NOAA’s National Marine Fisheries Service (NMFS) before retiring in 2015.  He served as the last Assistant Regional Administrator for Sustainable Fisheries with the NMFS Southwest Region in Long Beach, representing the agency on fishery conservation and management for highly migratory and coastal pelagic species on the west coast.

 

Hawaiian Killer Whales Granted Critical Habitat Protection

July 25, 2018 — The federal government has officially listed the coastal areas surrounding the Hawaiian Islands as a protected, critical habitat for the endangered population of false killer whales living there.

The National Marine Fisheries Service published its long-awaited rule Tuesday on the designation of a critical habitat for the whales, which conservationists said is crucial for the “recovery” of a species once considered on the brink of extinction.

Giulia Good Stefani, staff attorney for the Natural Resources Defense Council’s ocean’s project, said in an interview that the designation is a victory that came “in the nick of time” for the small, unique population of whales.

“While it’s tragic that it’s taken so long, we’re thrilled they finally have critical habitat designation,” Stefani said. “We know that listed species with critical habitat [designation] do far better than those without.”

Read the full story at the Courthouse News Service

CHARISE JOHNSON: The newly endangered species of the Trump era is the Endangered Species Act

July 24, 2018 — The Endangered Species Act itself is currently endangered, as a result of predation by lobbyists, conservatives in Congress and President Donald Trump.

Last week, the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service announced proposed revisions that would change the way the agencies implement the Endangered Species Act – actions that could lead to the destruction of essential habitat and otherwise preventable species extinctions. And President Trump’s allies in Congress are preparing their own additional attacks on the law, pushing bills in both the House and the Senate that would demolish the scientific foundations of the law.

Speaking to the New York Times, Richard Pombo – a former member of Congress notorious for his hostility to environmental laws who is now paid to lobby for mining interests – says that the Trump administration and Congress are offering “probably the best chance that we have had in 25 years to actually make any substantial changes” in the law.

Read the full opinion piece at NBC News

Trump Administration Proposes Revamping the Endangered Species Act

July 23, 2018 — A decades-old environmental law credited with saving the American bald eagle from extinction would be reworked under a proposal the Trump administration announced Thursday.

Enforcement of the Endangered Species Act, which seeks to prevent plans and animals from becoming extinct, would be changed to make it is easier to remove species from the list of protected ones. The proposal also makes changes that speed the approval process that federal agencies are required to complete before making changes that could harm endangered species, and would weaken protections for critical habitat.

“We are proposing these improvements to produce the best conservation results for the species while reducing the regulatory burden on the American people,” U.S. Fish and Wildlife Service Principal Deputy Director Greg Sheehan, said in a statement. “One thing we heard over and over again was that ESA implementation was not consistent and often times very confusing to navigate.”

The effort underscores the ways the Trump administration is moving to change bedrock environmental laws in a manner long sought by industry. Last month the administration began the process of overhauling the National Environmental Policy Act which requires environmental reviews on projects ranging from oil fields to highways that require a federal permit. The Environmental Protection Agency, meanwhile, has used industry guidance documents and policy memos to dial back its oversight of air pollution under the Clean Air Act.

Read the full story from Bloomberg at Yahoo! Finance

Endangered status of Atlantic sturgeon up for review

March 27, 2018 — Federal fishing regulators say they are conducting a five-year review of threatened and endangered populations of Atlantic sturgeon.

Populations of sturgeon are listed as threatened in the Gulf of Maine and endangered in New York Bight, the Chesapeake Bay and off the Carolinas and South Atlantic.

The National Oceanic and Atmospheric Administration says the Endangered Species Act requires the agency to conduct the review to ensure the listings are still accurate. The listings are intended to be based on the best available scientific data.

The Atlantic States Marine Fisheries Commission said last year that a sturgeon stock assessment indicated the population is still very low compared to its historical abundance. They face threats such as climate change, ship strikes and fishing.

Sturgeon suffered overfishing in the 20th century when it was harvested for eggs for caviar.

Shortnose sturgeon are listed under the Endangered Species Act (ESA) as an endangered species throughout their range. Atlantic sturgeon are listed as five distinct population segments with those that hatch out in Gulf of Maine rivers listed as threatened, and those that hatch out in other U.S. rivers listedas endangered.

Once thought to number less than 100 in the Merrimack, the river’s shortnose sturgeon population has been on the rebound, researchers have said. Atlantic sturgeon are also found in the Merrimack, up to the Essex Dam in Lawrence.

Two distinct groups of adults, numbering more than 2,000, inhabit the river. One group includes fish born in Haverhill’s spawning grounds, while the other consists of fish born in Maine rivers such as the Kennebec and Androscoggin, which migrate to the Merrimack.

Researchers say that for much of the year, sturgeon are looking for food in the lower part of the Merrimack — from Amesbury to the Joppa Flats in Newburyport — and live there from November to March.

Haverhill is the only place in the river where sturgeon lay their eggs, and that happens in the spring.

Read the full story at the Gloucester Times

 

Climate change threatens coastal life as we know it

March 9, 2018 — The Gulf of Maine is getting warm — quick. From 2004–2013, sea temperatures there rose faster than almost any other location on Earth.

Why it matters: The Gulf is home to a number of endangered species, and the fisheries there bring in several billion dollars per year to the U.S. and Canada, but the Gulf’s future hangs in the balance. Researchers are scrambling to understand what the warming water means for the people and animals who rely on the ecosystem, particularly as the changes there provide a glimpse into the future of coastlines around the world.

Why it’s warming

The Gulf of Maine lies at the intersection of several major ocean currents, including the Atlantic meridional overturning circulation, which moves dense, cold water down and toward the equator. Fresh water from melting sea ice seems to be weakening this current, which could be causing the Gulf to warm faster than other regions.

A combination of cold winters, warm summers, and dramatic tides make the Gulf one of the most productive ecosystems in the ocean. It’s a critical habitat for right whales, seabirds like puffins, humpback whales, bluefin tuna and other species.

Read the full story at Axios

 

ALASKA: Oil spill cleanup under way north of Kodiak

March 1, 2018 — A unified command has been established and efforts for clean-up operations are under way at the site of an oil spill north of Kodiak that supports northern sea otters and Steller sea lions, both of which are listed under the Endangered Species act.

Eagles, waterfowl and seabirds are likely present and Pacific halibut, Pacific cod, walleye Pollock and Pacific herring also are resent in surrounding waters, DEC officials said.

The spill reportedly happened on Feb. 26 after an abandoned building collapsed at Port William on the southern end of Shuyak Island, some 50 miles north northwest of the city of Kodiak. Estimated were that the entire contents of the bladder were released, with up to 3,000 gallons of bunker fuel spilled. The owner of the building had not been identified.

Read the full story at the Cordova Times

 

VIRGINIA: Endangered sturgeon’s return to James River could be hurdle for industry

Dominion seeking federal permit to ‘take’ protected fish after dead ones found in power plant’s water intake

November 17, 2017 — In the James River south of Richmond, endangered Atlantic sturgeon have become so common that observant spring and fall boaters are nearly guaranteed to see one breach. It’s hard to miss — a 6– or 7-foot fish exploding out of the water, as if shot from a cannon, wiggling for a split second in midair, then belly-flopping back into the river with a theatrical splash.

Long-lived and enormous — in its 60-year lifespan it can grow to 14 feet and weigh as much as 800 pounds — the Atlantic sturgeon was harvested to the brink of extinction in the late 1800s. But after a century of marginal existence, this prehistoric-looking fish, with its flat snout and rows of bony plates covering its back, is staging a steady but still fragile comeback in the Chesapeake Bay.

The sturgeon’s increased presence could complicate matters for industrial facilities that draw water from that same stretch of river. In one case, it already has.

After finding two dead sturgeon larvae and one adult in its water intake system in the fall of 2015, Dominion Virginia Power’s Chesterfield Power Station began seeking an “incidental take” permit from the National Marine Fisheries Service, which would allow the company to continue operating despite a potential impact to the endangered fish. In its application for the permit, Dominion estimated that up to 846 sturgeon larvae and maybe two adult fish per year could be trapped or killed in the intakes over the next decade.

The fisheries service, part of the National Oceanic and Atmospheric Administration, will determine in the coming months whether to grant Dominion’s Chesterfield plant a federal permit under an Endangered Species Act provision that allows private entities to “take” a given number of an endangered or threatened species in the process of conducting otherwise lawful operations.

Read the full story at the Bay Journal

Under threat of lawsuit, Maine lobstermen say Canada is failing to protect right whales

November 1, 2017 — A record number of right whale killings this summer has put environmental groups on the offensive, potentially leading to stricter regulations for Maine lobstermen, even as most of the animals turn up dead in Canadian waters.

A group of environmental organizations has notified federal officials they intend to sue if regulatory agencies fail to better protect the endangered species, following what’s believed to be one of the deadliest summers for North Atlantic right whales in centuries.

Maine lobstermen fear that a lawsuit against the National Marine Fisheries Service could result in more costly restrictions on how they fish, even though none of the 16 right whale deaths have been directly linked to the American lobster fishery. Twelve of the whale deaths occurred in Canada’s Gulf of St. Lawrence, where that country’s snow crab fishery has been cited by experts as a likely factor in several of the deaths.

The remaining four were found off Cape Cod.

With this year’s deaths, the total population of North Atlantic right whales is estimated at fewer than 450.

Early this month, the four environmental organizations sent a letter to Commerce Secretary Wilbur Ross and Chris Oliver, head of the federal fisheries service, saying that federal regulators are violating the Endangered Species Act by not doing more to protect North Atlantic right whales. The groups specifically called on regulators to determine whether additional restrictions should be placed on the American lobster fishery in order to prevent whales from getting entangled in lobster gear.

Read the full story at the Bangor Daily News

No salmon return to Canada river, bringing New England fears

October 30, 2017 — A conservation group’s discovery that no wild Atlantic salmon have returned to a key river in New Brunswick is prompting concern for the fish’s population health in the U.S. and eastern Canada.

The New Brunswick-based Atlantic Salmon Federation has been monitoring the Magaguadavic River for the Canadian government since 1992. The group says this year is the first time since then that no wild salmon have returned to the river to spawn.

Atlantic salmon were once abundant in rivers of New England and eastern Canada, but they’re now endangered or have disappeared in parts of both areas. The U.S.’s National Marine Fisheries Service is in the midst of reviewing the Gulf of Maine’s population, which is listed endangered under the Endangered Species Act.

About 900 wild salmon entered the river to spawn in 1983, and the fact that none returned this year is bad news for the fish’s population in Maine and Canada, said Neville Crabbe, spokesman for the Atlantic Salmon Federation.

“It means for the Magaguadavic River, whatever wild salmon that existed there are now extinct,” Crabbe said. “It affects the good work being done on all the rivers.”

Read the full story from the Associated Press at ABC News

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