Saving Seafood

A new Trump rule could shrink protected habitat for endangered wildlife

December 16, 2020 — The Trump administration adopted a rule Tuesday that could shrink the historic habitats of plants and animals threatened with extinction, an action that opponents say will make it more difficult for them to recover.

On their way out of office, the directors of the U.S. Fish and Wildlife Service and the National Marine Fisheries Service established a rule that changed the definition of what determines a habitat under the Endangered Species Act. It was the second major rollback the administration has made to the signature wildlife protection law.

Under the new definition, only “critical habitat” that can sustain the species in question can be protected, as opposed to a broader habitat the plant or animal might one day occupy if it is suitable.

“This action will bring greater clarity and consistency to how the Service designates critical habitat,” Rob Wallace, assistant secretary for fish and wildlife and parks, said in a statement. “Making the Endangered Species Act more effective at conserving imperiled wildlife and more transparent and user friendly for stakeholders represents a win-win for everyone.”

Read the full story at The Washington Post

Alaska wanted Arctic ringed seals off endangered species list; federal officials rejected that request

November 27, 2020 — On Wednesday, the National Marine Fisheries Service ruled against a petition from the state of Alaska to delist the Arctic ringed seal from the Endangered Species Act.

Last year, the state of Alaska partnered with several North Slope entities to write the petition, arguing that keeping the ringed seal listed as endangered could negatively impact economic opportunities for the state, as well as subsistence rights.

“Although we provided substantial new information to the service, they argued that information was considered in other ways, even though that information wasn’t available previously,” said Chris Krenz, a wildlife science coordinator for the state. “We are disappointed that they took that tact with this petition.”

Krenz says the state believes that the ringed seal isn’t threatened. Officials noted the ringed seal population is in the millions, despite measurable losses in sea ice. Though climate scientists with the National Marine Fisheries Service predict that by the year 2100, there will be little to no sea ice in the Arctic, Krenz argues that looking that far ahead doesn’t constitute the foreseeable future.

Read the full story at KTOO

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.

Judge: NOAA Violated Endangered Species Act By Allowing Lobster Traps That Threaten Right Whales

April 10, 2020 — A federal judge ruled Thursday that federal fisheries regulators are illegally allowing lobster traps that pose a threat to the endangered North Atlantic right whale.

U.S. District Judge James Boasburg says the National Oceanic and Atmospheric Administration violated the Endangered Species Act by authorizing the lobster fishery without appropriate attention to its impact on the whales.

Specifically, he faults the feds for failing to produce an assessment of the potential that whales will be entangled in lobster trap rope and face injury and death.

Read the full story at Maine Public

New Puget Sound Steelhead Plan Charts Course for Recovery

December 31, 2019 — The following was released by NOAA Fisheries:

Some 8,000 aging culverts under roads and driveways around Puget Sound block threatened Puget Sound steelhead from reaching high headwaters streams where they historically spawned, forming a major obstacle to the species’ recovery.

A new recovery plan developed under the Endangered Species Act for Puget Sound steelhead addresses these impassable culverts and other threats. It provides a roadmap to help the native fish recover into self-sustaining populations and resume their prominence in Puget Sound. NOAA Fisheries developed the plan with help and support from many partners.

Nearly 1 million wild adult steelhead historically returned to Puget Sound rivers but fewer than 5 to 10 percent of that return today. Puget Sound steelhead were designated as threatened in 2007, bringing them under the protection of the Endangered Species Act.

“Puget Sound steelhead are remarkably resilient, but they have been pushed to the limit by decades of habitat loss, and adverse marine conditions,” said Elizabeth Babcock, North Puget Sound Branch Chief in NOAA Fisheries’ West Coast Region. “Based on the best available science, this plan is a solid and comprehensive blueprint for recovery.”

Recovering the steelhead that are highly valued by Northwest tribes, prized by fishermen, and preyed upon by endangered killer whales would provide ecological, cultural, and economic benefits.

Read the full release here

Putting Endangered Species on the Map

December 19, 2019 — The following was released by NOAA Fisheries:

In November, we launched Version 2.0 of the Section 7 Mapper, a new mapping tool that shows where threatened and endangered species are in New England and Mid-Atlantic waters. This tool helps people planning activities in our waters to understand where endangered marine species are and at what times of year.

Why did we build this tool?

Busy Oceans and Coasts

Coastal areas are humming with action. Ports, docks, piers, moorings, and marinas dot our shores and bays. Bridges span our rivers, barges sail up rivers to inland ports, and undersea cables criss-cross the ocean bottom. Vessels—ranging from enormous container ships and cruise ships to small recreational fishing boats and jet-skis—traverse our coastal and offshore waters daily.

People are constantly building structures, dredging shallow areas, restoring rivers and coastal habitats, replenishing beaches, and researching new sources of energy.

Underneath, around, and in between all these activities swim threatened and endangered fish, sea turtles, and marine mammals that live, feed, and grow there.

Projects Change Habitat

Human activities add noise, sediment, pollutants, and pressure to ocean habitats. They also displace these animals from spaces they use for breeding, egg-laying, nurseries, feeding, and other activities.

The Endangered Species Act (ESA) requires federal agencies, like the Army Corps of Engineers, Federal Highway Administration, Environmental Protection Agency, the Navy, and even other parts of NOAA, to consult with NOAA Fisheries on projects or activities they are planning, funding, or permitting that may affect a threatened or endangered marine species or its critical habitat. This is called a “Section 7 Consultation.”

Read the full release here

Gillnet Fishing: Closed Area I and Nantucket Lightship Closure Areas

November 4, 2019 — On October 28, 2019, Federal District Court Judge James E. Boasberg issued an Order and Opinion on a lawsuit challenging a portion of the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2.

The Order prohibits NOAA Fisheries from allowing gillnet fishing in the former Nantucket Lightship Groundfish and the Closed Area I Groundfish Closure Areas, until such time as NOAA Fisheries has fully complied with requirements of the Endangered Species Act and the Magnuson-Stevens Fishery Conservation and Management Act, consistent with the Opinion.

NOAA Fisheries is studying the Opinion and will put regulations in place as soon as possible to comply with the Order to close the areas to gillnet fishing until further notice.

Read the full story at NOAA Fisheries

Ninth Circuit Orders Feds to Reexamine Army Corps’ Harm to Native Fish

October 8, 2019 — SEAFOOD NEWS — The National Marine Fisheries Service owes an explanation for why it decided that two dams on the Yuba River do not adversely affect threatened Chinook salmon, steelhead and green sturgeon, three Ninth Circuit judges ruled Thursday.

“The Ninth Circuit said you’re entitled to change your mind, but you’ve got to explain yourself and you haven’t,” said Christopher Sproul, an attorney with San Francisco-based Environmental Advocates. “We think this is an excellent win vindicating good government. If agencies are going to have environmental rollbacks, they can’t do it without good reasoning.”

The case marks the latest turn in a long-running dispute over the Army Corps of Engineers’ maintenance of the aging Daguerre Point and Englebright dams, both built before the passage of the Endangered Species Act.

According to environmental groups, the dams have long posed an impediment to migrating salmon. The over 100 year-old Daguerre Point has fish ladders, albeit crude and aging, over which salmon struggle to swim to reach their spawning grounds. But the 260-foot-high Englebright Dam, built in 1941, has no fish ladders at all and completely blocks fish passage to the upper Yuba River.

Since 2002, the service has considered the Corps’ maintenance of the dams an “agency action” that requires the Corps to comply with federal environmental law that protect threatened species.

As late as 2012, the service found the Corps’ activities were likely to harm salmon populations, but it suddenly reversed course in 2014 when it issued a biological opinion and a separate letter concurring with the Corps’ biological assessment for the Englebright Dam and adjoining powerhouses.

The service basically stopped treating the Corps’ activities as an “agency action,” effectively letting the Corps off the hook for its effect on the environment.

The Corps began consulting with the service in 2000 to improve passage, but salmon populations have continued to decline from their failure to mitigate the dams’ impacts.

In 2012, the service found the Corps’ activities were likely to harm the salmon species, but it suddenly reversed course in 2014 when it issued a biological opinion and a separate letter concurring with the Corps’ biological assessment for Englebright and its abutting hydroelectric facilities.

In 2018, the environmental non-profit Friends of the River lost a federal lawsuit over the service’s opinions on summary judgment.

On Thursday, the appellate court panel of Judge J. Clifford Wallace, Carlos Bea and Michelle Friedland ordered the federal court to take another look at the case.

“FOR argues that the Service acted arbitrarily and capriciously in changing its approach to analyzing the dams’ impact on threatened fish because the service did not provide a reasoned explanation for the change. We agree,” the judges wrote.

They found the service offered no explanation for why it changed its position.

“Given the Service’s failure to provide a reasoned explanation for why it changed positions on whether the continued existence of the dams and the hydroelectric facilities abutting Englebright constitute agency action, the district court erred in finding that the Service’s 2014 BiOp and LOC were not arbitrary and capricious,” their ruling says.

The judges also ordered the lower court to revisit Friends of the River’s claim that the Corps improperly granted licenses and easements to third parties to operate the hydroelectric facilities.

“The Ninth Circuit ruling underscores the principle that still exists in this country – that facts and law matter,” Sproul said.

The National Marine Fisheries Service was unavailable for comment late Thursday.

This story was originally published on SeafoodNews.com, a subscription site. It is reprinted with permission. 

The next big California vs. Trump fight is over water and endangered species

October 7, 2019 — Just how far will California Gov. Gavin Newsom go in his high-profile fight with the Trump administration over environmental protections?

The next few months will provide an answer, as Newsom is forced to take a stand on Trump rollbacks in a long-contested battleground—the Northern California  that helps supply more than half the state’s population with drinking  and fills irrigation canals on millions of acres of farmland.

The battle lines are not nearly as clearly drawn as they are on climate change or air pollution, where the state is presenting a fairly unified front against Washington. When it comes to California water, there is no unity.

Some of the state’s biggest and most powerful water agencies are eager for the  to weaken endangered species protections that have cut their delta deliveries. And they want the Newsom administration to go along.

Read the full story at PHYS.org

Feds propose major habitat protections for killer whales

September 20, 2019 — U.S. protections for the waters that a group of endangered orcas call home could soon expand beyond the Seattle area to encompass much of the West Coast, from the Canadian border to central California.

The National Oceanic and Atmospheric Administration issued a proposal Wednesday to increase the critical habitat designation for southern resident killer whales by more than sevenfold under the Endangered Species Act.

Just 73 orcas remain in the Pacific Northwest population, the lowest number in more than three decades. They’re struggling with a lack of chinook salmon, their preferred prey, as well as toxic contamination and vessel noise.

The NOAA proposal calls for an additional 15,626 square miles (40,471 square kilometers) of federally protected habitat that would run from the border with Canada, down south to Point Sur, California.

The designation means federal agencies must ensure that activities they pay for, permit or carry out do not harm the habitat, but it does not generally affect approved recreational or commercial activity such as whale watching and shipping, said Lynne Barre, NOAA Fisheries’ recovery coordinator for the whales.

Read the full story at The Associated Press