May 15, 2018 — SEAFOOD NEWS — In the ups and downs of the Hawaiian swordfish fishery, the recent May 8 closure for the rest of the year was no surprise to the industry. Longliners worked with the National Marine Fisheries Service and plaintiffs of a recent lawsuit to comply with a court order.

The Turtle Island Restoration Network, Center for Biological Diversity and Earthjustice originally sued the Department of Commerce over a 2012 biological opinion that allowed the shallow set longline fishery to take a certain number of loggerhead and leatherback sea turtles every year. The U.S. District Court of Hawaii ruled in NMFS’ favor, so the ENGOs appealed. The U.S. Ninth Circuit Court of Appeals issued a split decision on Dec. 27, 2017, affirming the BiOp regarding leatherback sea turtles, but not for loggerhead turtles. The Hawaii Longline Association, which filed as interveners, were party to the settlement negotiations with the plaintiffs and NMFS, which were outlined in a May 4, 2018 agreement and court order. The result for 2018 was closure for the rest of the year.

While ENGOs are cheering the outcome as a victory for sea turtles, it’s somewhat of a pyrrhic victory and does more to promote an agenda for the plaintiffs rather than have any actual effect this year.

“The National Marine Fisheries Service, which is supposed to be protecting our wildlife, has instead been illegally helping the longliners push sea turtles to the brink of extinction,” Earthjustice attorney Paul Achitoff said in a press release. “We won’t allow it.”

The main swordfish season usually takes place in the winter, with most landings occurring by the end of March. This year was an anomaly, Hawaii Longline Association President Sean Martin said, in that the fishery reached its annual limit of turtle interactions in January, so the fleet was already done with swordfish for the year.

“We’re on the tail end of what would be the prime season anyway,” Martin said.

The fishery will open again on Jan. 1, 2019, no matter what, Martin said. Since the court vacated the 2012 biological opinion, NMFS is working on a new one. The agency could come back with a new incidental take statement for next year’s fishing season. Or, if the BiOp and corresponding take statement are not finished by Jan. 1, the fishery will open under an incidental take allowance approved by an earlier BiOp that allowed roughly half the number of turtle interactions as the 2012 BiOp.

Federal officials note the loggerhead turtles already show signs of recovery due to a history of better management measures, such as circle hooks and using mackerel for bait — squid bait is prohibited –has proven immensely effective worldwide. Most turtles caught in the fishery are released alive.

Those measures and more, implemented in the early 2000s, reduced sea turtle interactions in the fishery by 93 percent, the Council said. Observer coverage is 100 percent; all vessel owners and operators annually attend mandatory protected species workshops; all longline vessels are required to carry specified tools to safely remove hooks and lines from the turtles and to follow safe handling, resuscitation and release procedures; vessels are monitored through a mandatory satellite-based vessel monitoring system; and longline closed areas from 0 to 50 nautical miles of the main and Northwestern Hawaiian Islands have existed since the early 1990s.

“The record of 99 percent live releases, only two mortalities in 24 years and increasing loggerhead abundance over the past two decades underscore the management success of the Hawaii shallow-set longline fishery,” Council Executive Director Kitty M. Simonds said in a press release.

Martin said most of the 30 or so longline vessels will instead turn to the deep-set longline fishery for the remainder of the year, targeting tunas.

This story originally appeared in Seafood News, it is republished here with permission.