Saving Seafood

Judge says NMFS right whale plan still not enough

July 11, 2022 — The latest rules to reduce right whale deaths from lobster and crab gear still don’t go far enough in reducing potential mortality, according to a federal judge who has called for a new hearing to decide on remedies.

In an opinion issued Friday in Washington, D.C., U.S. District Court Judge James E. Boasberg ruled in favor of a key complaint from environmental groups who want the National Marine Fisheries Service to do more to reduce whale entanglements with vertical lines used in East Coast trap fisheries.

Now an extremely endangered species – with a population that plunged from around 481 animals in 2011 to an estimated 345 – the north Atlantic right whale is at risk from ship strikes and fishing gear entanglement. The gear issue has been subject to litigation in Boasberg’s court since 2018.

A new complaint brought by the Center for Biological Diversity, Conservation Law Foundation and Defenders of Wildlife alleged that NMFS’ own projections show that the right whale population would still lose animals to gear entanglement at a rate that would continue the path to extinction.

The plaintiff environmental groups, who have long pushed for more dramatic action from the government, praised Boasberg’s latest opinion.

The Maine Lobstermen’s Association – named as a defendant along with the Department of Commerce and NMFS – called the ruling “a mixed bag” and took heart in Boasberg’s intention to seek remedies short of shutting the fishery.

The lobstermen’s association also noted the judge’s acknowledgement that NMFS could find “that projected take [of endangered whales] is in fact lower than originally estimated.”

Read the full story National Fisherman

Weak protection for vanishing whales violates law, judge says

July 11, 2022 — The federal government hasn’t done enough to protect a rare species of whale from lethal entanglement in lobster fishing gear, and new rules are needed to protect the species from extinction, a judge has ruled.

The government has violated both the Endangered Species Act and the Marine Mammal Protection Act by failing to protect the North Atlantic right whale, U.S. District Judge James Boasberg ruled on Friday. The whales number less than 340 in the world and have been declining rapidly in population in recent years.

The ruling came after a group of environmental organizations sued the federal government with a complaint that it wasn’t doing enough to save whales from lobster gear. Boasberg’s ruling validates that claim, said Kristen Monsell, an attorney for the Center for Biological Diversity, one of the groups that sued.

The Maine Lobstermen’s Association, the largest fishing trade group on the East Coast, said in a statement that it was still reviewing the ruling. The association also pointed to a section of Boasberg’s ruling that said the National Marine Fisheries Service “may find that other measures exist to reduce lethal take, or that projected take is in fact lower than originally estimated.” That renders the ruling “a mixed bag,” the association said.

The whales were once numerous, but they were decimated during the commercial whaling era. Some scientists have said warming ocean temperatures are causing them to stray from protected areas in search of food, and that has left them more vulnerable to collisions and entanglement.

Read the full story at Associated Press

MASSACHUSETTS: State weighs relief fund to buoy lobster industry

May 27, 2022 — Lawmakers want to create a new fund to help commercial lobstermen whose livelihoods are being impacted by state and federal regulations aimed at protecting critically endangered north Atlantic right whales.

An amendment added to the Senate version of the $49.7 billion state budget, approved Thursday, would set up a Lobstering Closure Mitigation Fund through the state’s unemployment system with at least $12 million in initial funding.

The amendment was co-sponsored by Sens. Bruce Tarr, R-Gloucester, and Patrick O’Connor, R-Weymouth, who say the move will provide “much needed relief” for the lobster industry.

“It is absolutely critical that we provide relief to the people in this industry which is so important to the commonwealth,” Tarr said. “As the second largest provider of lobster in the nation these workers are needed for another day, another year, and another generation.”

Read the full story at the Gloucester Daily Times

 

US certifies countries and fisheries for wild shrimp imports

May 17, 2022 — The United States has certified 37 countries, 13 fisheries in seven other nations, and Hong Kong as having shrimp-harvesting practices that protect sea turtle populations, according to the U.S. State Department.

The State Department’s findings were published last week in the Federal Register and publicized in a press release issued Monday, 16 May, 2022. The determinations means wild-caught shrimp from those countries are eligible to be imported into the U.S.

Read the full story at SeafoodSource

 

New rules spell trouble for Maine lobstermen, with or without enforcement

May 5, 2022 — Though a new rule from the National Atmospheric and Oceanic Administration affecting the gear lobster fisherman can use has gone into effect, it will not yet be enforced.

As of May 1, lobster fishermen fishing in federal waters are now required to use ropes with weak points approved by the National Marine Fisheries Services (NMFS) that will break if a whale becomes entangled in them.

The rule requiring the gear was part of a final rule announced by NOAA on August 31, 2021 amending the agency’s Atlantic Large Whale Take Reduction Plan, which attempts to reduce the number of injuries and deaths to North Atlantic right whales, listed as endangered under the Endangered Species Act.

Read the full story at Maine Wire

 

WPFMC trying to tackle suite of issues, criticizes lack of NOAA support

April 8, 2022 — The Western Pacific Fishery Management Council (WPFMC) is trying to tackle multiple problems faced in its jurisdiction, including ineffective whale bycatch solutions, U.S. Endangered Species Act (ESA) consultations, creating more-equitable fisheries, and issues regarding fishery rights in American Samoa.

The council has been working to tackle how to handle false killer whale bycatch in the region’s tuna fisheries – mainly in Hawai’i and American Samoa. In 2013, a plan to use weaker circle hooks that are 4.5 millimeters or less in diameter was created. The weaker hooks were supposed straighten and release whales caught while still remaining strong enough to hook bigeye tuna and other marketable fish species.

Read the full story at SeafoodSource

 

WPRFMC Asks for Remedies to Long-Standing Issues in Western Pacific Region

March 25, 2022 — The following was released by the Western Pacific Regional Fishery Management Council:

At the Western Pacific Regional Fishery Management Council meeting today, Chair Archie Soliai reiterated concerns about NOAA Pacific Islands Regional Office (PIRO) delays in completing Endangered Species Act (ESA) consultations for the region’s longline and bottomfish fisheries.

“Our experience with ESA consultations over the last several years have left us with the impression that our Council process is not respected,” emphasized Soliai. “The Council is here to ensure the sustainability of our region’s fishery resources as mandated by the Magnuson-Stevens Act.” Soliai added, “We ask PIRO to provide us with realistic timelines and meaningful dialogue, so we may work together to complete these biological opinions and ensure that our fisheries can continue to operate in compliance with ESA.”

The Council will convey its concerns to Janet Coit, assistant administrator for the National Marine Fisheries Service (NMFS), requesting assistance so biological opinions are completed in coordination with the Council.

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The Council believes the existing Mariana Trench Marine National Monument (MTMNM) management plan should be implemented ahead of any national marine sanctuary nomination in the Marianas, as it may provide protections the nomination seeks. The MTMNM boundaries, including the omission of the water column, already reflects the Commonwealth of the Northern Mariana (CNMI) government’s management needs.

Council comments in February to NOAA’s Office of National Marine Sanctuaries (ONMS) on the 5-year nomination review, explained the MTMNM greatly reduced the need for sanctuary protection. Concerns in the proposed sanctuary, such as fishing regulations, are already addressed through the MTMNM management plan and Magnuson-Stevens Act. Foreign fishing is prohibited.

“ONMS needs to be clear about what is proposed,” said Michael Tenorio, CNMI Division of Fish and Wildlife fisheries supervisor. “The nomination seems to allude to closing fishing to the community and it’s causing confusion.”

The Council asked NOAA to remove the proposed sanctuary from the national inventory and assist Friends of the Mariana Trench Monument with developing a revised proposal vetted through the CNMI and Guam communities. This would create a stronger proposal with broad community support, one of the 11 evaluation criteria for inclusion on the inventory list. The CNMI Governor Ralph DLG Torres and other community members have expressed strong opposition to the proposed marine sanctuary plan.

The public comment period has been extended to April 25, and comments can be submitted at www.regulations.gov/document/NOAA-NOS-2022-0005-0034.

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Equity and environmental justice (EEJ) is a priority for the Council, and influences all programs, approaches and actions. The Council raised EEJ-related issues and opportunities throughout the meeting this week.

“I think this is very important and am glad it’s finally coming to fruition after 30 years,” said Monique Amani, Council member from Guam, referencing when the EJ social movement began. “I fully support this initiative – we’re part of the United States, but the services and investments to our communities aren’t always the same for the territories,” she added.

The Council approved a draft Western Pacific EEJ approach and will develop a regional strategy to direct future work. Together with the Council’s new Pacific strategy to advocate for equitable fisheries in the region, our fishing communities will be better positioned to benefit across global, regional and national landscapes.

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The Council recommended NMFS clarify a 2015 notice of proposed rule-making that would acknowledge an American Samoa purse seine fleet, distinct from a U.S. fleet. A proposed rule is expected in April 2022.

American Samoa does not have direct access to the high seas and most purse seine fishing effort occurs within waters of small island states and tropical waters north of the territory. However, American Samoa is home to a tuna cannery that is the territory’s most important private employer.

In 2015, Tri Marine purse seine vessels petitioned the United States to remove high seas fishing limits for vessels that offload at least 50% of their catch in American Samoa, citing Western and Central Pacific Fisheries Commission (WCPFC) fishing restrictions that impede their ability to support the territory’s economy. NMFS denied the petition in October 2015, but stated it could reconsider taking action if there was evidence that WCPFC restrictions have a negative impact on the territory’s economy.

“Seven years have passed and American Samoa’s dire situation is self-evident with the exodus of U.S. vessels and the need to supply our cannery,” said Council Chair Archie Soliai. PIRO Regional Administrator Michael Tosatto was unable to provide specifics on proposed regulations.

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The Council appointed the following officers for 2022: Archie Soliai, chair; Will Sword, American Samoa vice chair; John Gourley, CNMI vice chair; Manny Duenas, Guam vice chair; and Roger Dang, Hawai‘i vice chair.

 

Get to Know Your Pacific Islands Threatened and Endangered Species

February 5, 2022 — Did you know that Hawaiʻi hawksbill sea turtles like to nest in beach vegetation? That giant manta rays are picky about the individuals they socialize with? That oceanic whitetip sharks were once the most abundant sharks in the ocean? How about that these three Pacific Islands species are all listed under the Endangered Species Act (ESA)?

The ESA was signed into law on December 28, 1973. Under the act, the federal government must protect species listed:

  • Endangered (those that are in danger of extinction)
  • Threatened (those that are likely to become endangered in the foreseeable future)

Read the full story at NOAA Fisheries

 

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