Saving Seafood

Atlantic Sturgeon Benchmark Stock Assessment Indicates Slow Recovery Since Moratorium; Resource Remains Depleted

October 19, 2017 — NORFOLK, Va. — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Atlantic Sturgeon Management Board reviewed the results of the 2017 Atlantic Sturgeon Benchmark Stock Assessment, which indicate the population remains depleted coastwide and at the distinct population segment (DPS) level relative to historic abundance. However, on a coastwide basis, the population appears to be recovering slowly since implementation of a complete moratorium in 1998. Despite the fishing moratorium, the population still experiences mortality from several sources but the assessment indicates that total mortality is sustainable. The “depleted” determination was used instead of “overfished” because of the many factors that contribute to the low abundance of Atlantic sturgeon, including directed and incidental fishing, habitat loss, ship strikes, and climate changes.

Atlantic sturgeon are a long lived, slow to mature, anadromous species that spend the majority of their life at sea and return to natal streams to spawn. While at sea, extensive mixing is known to occur in both ocean and inland regions. The Commission manages Atlantic sturgeon as a single stock, however, NOAA Fisheries identified five DPSs of Atlantic sturgeon based on genetic analysis as part of a 2012 Endangered Species Act listing: Gulf of Maine, New York Bight, Chesapeake Bay, Carolina, and South Atlantic. Accordingly, this benchmark assessment evaluated Atlantic sturgeon on a coastwide level as well as a DPS-level when possible.

Atlantic sturgeon are not well monitored by existing fishery-independent data collection and bycatch observer programs, and landings information does not exist after 1998 due to implementation of a coastwide moratorium. Because of this, Atlantic sturgeon are considered a “data-poor” species which hindered the Stock Assessment Subcommittee’s ability to use complex statistical stock assessment models, particularly at the DPS-level. Based on the models used, the stock assessment indicated the Atlantic sturgeon population remains depleted relative to historic levels at the coastwide and DPS levels. Since the moratorium, the probability that Atlantic sturgeon abundance has increased coastwide is high and total morality experienced by the population is low. The results are more mixed at the DPS-level due to sample size and limited data, but the Gulf of Maine and Carolina DPS appear to be experiencing the highest mortality and abundance in the Gulf of Maine and Chesapeake Bay DPS is not as likely to be at a higher level since the moratorium.

The Board approved the 2017 Atlantic Sturgeon Benchmark Stock Assessment and Peer Review Reports for management use and discussed the need to support management actions that have contributed to recovery seen to date (e.g., the moratorium, habitat restoration/protection, better bycatch monitoring) and continue to work on improving them (e.g., identifying bycatch and ship strike hotspots and ways to reduce those interactions). It is important to note there has been a tremendous amount of new information about Atlantic sturgeon collected in recent years. Although this does not resolve the issue of the lack of historical data, it certainly puts stock assessment scientists and fisheries managers on a better path going forward to continue to monitor stocks of Atlantic sturgeon and work towards its restoration.

Atlantic sturgeon are managed through Amendment 1 and Addenda I-IV to the Interstate Fishery Management Plan (FMP) for Atlantic Sturgeon. The primary goal of the amendment is to achieve stock recovery via implementation of a coastwide moratorium on Atlantic sturgeon harvest and by prohibiting the possession of Atlantic sturgeon and any parts thereof. The moratorium is to remain in effect until 20-year classes of spawning females is realized and the FMP is modified to reopen Atlantic sturgeon fisheries.

The Atlantic Sturgeon Benchmark Stock Assessment, as well as the Stock Assessment Overview (which is intended to aid media and interested stakeholders in better understanding the Commission’s stock assessment results and process), will be available the week of October 23rd on the Commission website, www.asmfc.org, on the Atlantic Sturgeon webpage under stock assessment reports. For more information on the stock assessment, please contact Dr. Katie Drew, Senior Stock Assessment Scientist, at kdrew@asmfc.org and for more information on management, please contact Max Appelman, Fishery Management Coordinator, at mappelman@asmfc.org or 703.842.0740.

A PDF version of the press release can be found here – http://www.asmfc.org/uploads/file/59e8e3d9pr51AtlanticSturgeonBenchmarkStockAssmt.pdf

Feds reviewing status of New England’s endangered salmon

September 18, 2017 — PORTLAND, Maine — The federal government is starting a five-year review of the Gulf of Maine’s population of Atlantic salmon, which are listed as endangered under the Endangered Species Act.

Atlantic salmon were once plentiful off New England, but dams, loss of habitat, pollution and overfishing dramatically reduced the population. The National Marine Fisheries Service says it is reviewing the health of the stock to get more updated information on its current status.

The fisheries service says the review will be based on scientific and commercial data.

Read the full story from the Associated Press at NH1

California crabbers use GPS to find whale-killing gear

September 14, 2017 — HALF MOON BAY, Calif. — Fisherman Jake Bunch leans over the side of the fishing boat “Sadie K,” spears his catch, and reels it aboard: an abandoned crab pot, dangling one limp lasagna noodle of kelp and dozens of feet of rope, just the kind of fishing gear that has been snaring an increasing number of whales off U.S. coasts.

Confirmed counts of humpbacks, blue and other endangered or threatened species of whale entangled by the ropes, buoys and anchors of fishing gear hit a record 50 on the East Coast last year, and tied the record on the West Coast at 48, according to the National Oceanic and Atmospheric Administration. The accidental entanglements can gouge whales’ flesh and mouth, weaken the animals, drown them, or kill them painfully, over months.

This year, Bunch is one of a small number of commercial fishermen out of Half Moon Bay, south of San Francisco, and five other ports up and down California who headed to sea again after the West Coast’s Dungeness crab season ended this summer.

The California fishermen are part of a new effort using their cellphones’ GPS and new software pinpointing areas where lost or abandoned crabbing gear has been spotted. They retrieve the gear for a payment — at Half Moon Bay, it’s $65 per pot —before the fishing ropes can snag a whale.

Especially stormy weather this year has meant more wayward crabbing gear than usual, Bunch said recently on a gray late-summer morning at sea.

“Makes it all the more important to pick it up,” he says.

Read the full story at the News & Observer

Sturgeon habitat in focus

September 6, 2017 — ELLSWORTH, Maine — Federal fisheries managers have taken a significant step toward promoting the recovery of the nation’s depleted Atlantic sturgeon resource.

Last week, NOAA Fisheries designated a vast area along the Atlantic coastline as critical habitat for the Atlantic sturgeon. The critical habitat designation will require federal agencies to consult NOAA Fisheries if they operate or fund activities that may affect designated critical habitat in more than 3,968 miles of important coastal river habitat from Maine to Florida.

Atlantic sturgeon was listed under the Endangered Species Act in 2012.

Read the full story at the Mount Desert Islander

Man Sentenced to Prison for Beating Hawaiian Monk Seal

September 6, 2017 — It took less than an hour for the video to go viral; less than 2 days for federal, state, and local authorities to make an arrest; and less than 15 months to resolve the case and send the guilty party to jail. On July 26, Shylo Akuna was sentenced to 4 years in prison after being found guilty of harassment of a critically endangered Hawaiian monk seal.

“It’s a top priority for NOAA Fisheries, NOAA’s Office of Law Enforcement, and our state enforcement partners to protect our nation’s critically endangered marine mammals,” said Jim Landon, Director of NOAA’s Office of Law Enforcement (OLE). “This case is a great example of collaborative partnership resulting in a successful prosecution.”

The horrific scene took place on April 26, 2016, at Saltponds Beach on the island of Kauai. Luckily, the harassment was caught on video by witnesses on the beach and subsequently uploaded to social media where it drew worldwide attention and condemnation. The video showed a man, later identified as Akuna, approaching a resting pregnant monk seal, identified as RK-30, and punching the animal repeatedly. OLE was notified of the video almost immediately. The following day, OLE and its enforcement partners from the Hawaii’s Division of Conservation and Resources Enforcement (DOCARE) interviewed witnesses and Akuna, who had already been identified as a suspect. At that point, Akuna admitted to being intoxicated at the time of the assault.

Read the full story at NOAA’s Office of Law Enforcement

Sturgeon ruling may impact federally funded projects

Merrimack River made ‘critical habitat’ for Atlantic sturgeon

September 1, 2017 — They are large, bony fish whose ancestors began swimming the Earth during the Triassic period, some 245 million years ago.

The federal government says the Atlantic sturgeon is now an endangered species in some places and is threatened in others, and that states up and down the Eastern Seaboard must take necessary measures to ensure their survival.

A ruling handed down on Aug. 16 by the Department of Commerce through the National Oceanic and Atmospheric Administration, designates the Gulf of Maine as a critical habitat for the fish, which includes approximately 152 miles of water in the Merrimack River in Massachusetts, the Penobscot, Kennebec, Androscoggin and Piscataqua rivers of Maine, and the Cocheco and Salmon Falls rivers of New Hampshire.

But what sort of impact will the efforts to replenish the Atlantic sturgeon population have on Merrimack Valley cities like Haverhill and Lawrence?

Allison Ferreira, spokeswoman for NOAA’s Greater Atlantic Regional Fisheries Office, said Friday that the ruling mandates that when a federal agency constructs or develops a project near the river or there is a project that is receiving some amount of federal money, such as a highway or bridge project where there could be significant water runoff, that agency must contact NOAA to ensure proper measures are taken so as not to upset the fish’s natural habitat.

Read the full story at the Haverhill Gazette

An Alarming Number of California Whales Are Getting Caught In Fishing Lines

California has seen a record-breaking number of whale entanglements over the last three years. Now, the Center for Biological Diversity is suing the state for failing to protect its endangered species.

August 30, 2017 — Justin Viezbicke once saw a whale struggling to swim up the coast of California without a tail. Though it was a disturbing sight, Viezbicke wasn’t exactly shocked; he’d encountered similar circumstances before. Viezbicke, the California stranding network coordinator for the National Oceanic and Atmospheric Administration, surmised that this particular whale’s flukes had been severed off by fishing gear. He knew the animal wouldn’t make it far.

In the past, Viezbicke has come across whales that lost blood-flow to their tails due to rope lines tangled tightly around their bodies. Less severe entanglements than the one Viezbicke witnessed can still lead to deadly infections or otherwise interfere with the animal’s ability to feed or forage.

“These entanglements are long, drawn-out processes,” Viezbicke says. “They can last months, sometimes even longer depending on the nature of the entanglement, and the will of the animal.”

The number of whales entangled in fishing lines off the West Coast of the United States has been sharply rising in recent years. In 2016, 71 whales became entangled in fishing gear off the West Coast, breaking the entanglement record for the third consecutive year. “We’re lucky if we get some or all of the gear off of a half dozen to a dozen of the whales every year,” Viezbicke says.

Entanglements are not always fatal, but for some threatened species, even a small number of deaths could be enough to collapse an entire population. (One subpopulation of humpback whales that feeds off the coast of California, for example, now numbers a mere 400.) Twenty-one endangered or threatened whales and one leatherback sea turtle were entangled in Dungeness crab gear in the Pacific Ocean in 2016; typically, Dungeness crab traps consist of a pot used to collect crabs on the seafloor, attached to a line of rope that extends to a buoy on the ocean surface.

Read the full story at Pacific Standard

The ESA Litigation Cartel

Americans Become Less Litigious as Frivolous ESA Litigation Quintuples

August 29, 2017 — The following was released by The Scope, a newsletter by the House Committee on Natural Resources:

According to recent polling from Public Opinion Strategies, 87% of voters agree that there are too many lawsuits filed in America. In fact, “Americans, reputed to be the most litigious people in the world, are filing far fewer lawsuits.” However, despite these developments, suits from fringe elements of the national environmental lobby are growing more rampant.

Here’s the good news: in 1993, 10 out of every 1,000 Americans filed a tort lawsuit. In 2015, that number declined to 2 out of 1,000 Americans filing suit. By contrast, environmental litigation, especially cases filed under the Endangered Species Act (ESA), has experienced a sustained spike.

ESA has been abused by a small group of deep-pocketed special interest litigants to enforce their own policy preferences and to line the pockets of their attorneys and organizations. The ESA imposes no cap on attorneys’ fee awards that these special interest plaintiffs can recover from the federal government. The absence of such a cap was originally designed to ease the financial burden on citizens protecting themselves against federal actions. But when wealthy ideological groups repeatedly abuse the law in order to enrich themselves with taxpayers’ money, where do we draw the line?

As the Committee continues its work to improve and modernize the ESA, it’s a question worth asking.

Curtailing Species Recovery

ESA Litigation Cartel Fact #1: Two litigious environmental groups alone – WildEarth Guardians and Center for Biological Diversity – have filed over 1,500 lawsuits since 1990. That’s one new paralyzing lawsuit filed roughly every week over the past three decades from just two so-called “environmental” organizations.

Outcome: Valuable taxpayer resources are drained from actual species recovery – the very purpose of the ESA in the first place – to line the pockets of a few large-scale litigants.

Drowning Resources from the Fish and Wildlife Service (FWS) 

ESA Litigation Cartel Fact #2: ESA-related sue-and-settle agreements quintupled during the Obama administration compared to previous administrations. In 2011, as part of a “mega-settlement” with the same two environmental groups, the FWS agreed to review over 250 species as well as actions impacting 1,053 species without public review or state input.

Outcome: Consequently, FWS devoted nearly all of its species petition and listing budget to comply with lawsuits, siphoning valuable taxpayer resources away from actual species recovery.

Costing the Taxpayer Millions

ESA Litigation Cartel Fact #3: Federal agencies have paid out $30 million for ESA-related litigation since 2009, and the Department of the Interior alone has shelled out $14 million on ESA-related attorney’s fees in the same time frame.

Outcome: Between 2009 and 2012, “sue and settle” agreements between environmental groups and the federal government resulted in over 100 new regulations with more than $100 million in annual compliance costs and – once again – more resources shifting away from actual species recovery.

NOAA Fisheries Designates Critical Habitat for Atlantic Sturgeon

August 16, 2017 — The following was released by NOAA Fisheries:

NOAA Fisheries today designated critical habitat for Atlantic sturgeon–an important step to ensuring their recovery.

The critical habitat designation will require federal agencies to consult NOAA Fisheries if they operate or fund activities that may affect designated critical habitat in more than 3,968 miles of important coastal river habitat from Maine to Florida. Atlantic sturgeon was listed under the Endangered Species Act in 2012 and is comprised of the threatened Gulf of Maine distinct population segment and the endangered New York Bight, Chesapeake Bay, Carolina, and South Atlantic distinct population segments.

The ESA requires that NOAA Fisheries designate critical habitat when a species is listed as threatened or endangered. Under the ESA, critical habitat is defined as specific areas within the geographical areas that are occupied by the species, that contain physical or biological features essential to the conservation of that species, and that may require special management considerations.

The designation of critical habitat does not include any new restrictions or management measures for recreational or commercial fishing operations, nor does it create any preserves or refuges. Instead, when a federal agency funds, authorizes, or carries out activities that may affect critical habitat, it must work with NOAA Fisheries to avoid or minimize potential impacts to critical habitat. The activity of the federal agency may need to be modified to avoid destroying or adversely modifying the critical habitat.

“We look forward to working with our federal partners to reduce potential impacts to Atlantic sturgeon critical habitat,” said Samuel D. Rauch III, deputy assistant administrator for regulatory programs at NOAA Fisheries. “Our focus now will be on providing guidance to federal agencies to help them carry out their actions efficiently and effectively while minimizing impacts to habitat that is critical to these endangered and threatened populations of sturgeon.”

Atlantic sturgeon are anadromous and use coastal and estuarine waters throughout their lives, and travel to rivers to spawn or lay their eggs. Unlike some anadromous fish, sturgeon do not die after spawning and will return to spawn multiple times. They can grow up to 14 feet long, weigh up to 800 pounds, and live up to 60 years.

Historically, Atlantic sturgeon inhabited approximately 38 rivers in the United States spanning from Maine to Florida. Scientists identified 35 of those as spawning rivers. Atlantic sturgeon can now be found in approximately 32 of these rivers, and spawn in at least 20 of them. Critical habitat areas in coastal rivers were identified based on physical and biological features, such as soil type in the river bed, water temperature and salinity, and underwater vegetation, that are essential to the conservation of Atlantic sturgeon, particularly for spawning and development.

Atlantic sturgeon were harvested heavily in the twentieth century, particularly for their eggs (or roe) used for caviar. Overfishing led to a decline in abundance of Atlantic sturgeon, and in 1998 the Atlantic States Marine Fisheries Commission issued a coast-wide moratorium on the harvest of Atlantic sturgeon, and NOAA Fisheries followed with a similar moratorium in federal waters.

More information on the critical habitat designation is available in the Federal Register notice and on our website.

Accidental deaths of endangered whale threatens its survival

August 16, 2017 — PORTLAND, Maine — A high number of accidental deaths this year among the endangered North Atlantic right whale threaten the survival of the species, according to conservation groups and marine scientists.

The right whales, which summer off of New England and Canada, are among the most imperiled marine mammals on Earth. There are thought to be no more than 500 of the giant animals left, and there could be fewer than 460, as populations have only slightly rebounded from the whaling era, when they nearly became extinct.

Twelve of the whales are known to have died since April, meaning about 2 percent of the population has perished in just a few months, biologist Regina Asmutis-Silvia of the Plymouth, Massachusetts-based group Whale and Dolphin Conservation told The Associated Press this week. She and others who study the whales said this summer has been the worst season for right whale deaths since hunting them became illegal 80 years ago.

“This level of deaths in such a short time is unprecedented,” she said. “I just don’t know that right whales have time for people to figure it out. They need help now.”

Read the full story from the Associated Press at WRAL