ESA Archives - Saving Seafood

Canadian-U.S. Lobstermen’s Town Meeting: U.S. and Canadian lobstermen have a whale of a problem

April 17, 2019 — Department of Marine Resources Commissioner Patrick Keliher sure knows how to quiet a room.

On April 5, about 100 members of the U.S. and Maine lobster industry — fishermen, dealers, scientists, and regulators — gathered for the 15th Canadian-U.S. Lobstermen’s Town Meeting at the Westin Portland Harborview Hotel in Portland. There they heard Keliher announce that he’d just received an email from NOAA Fisheries announcing that, in order to protect endangered right whales, “the U.S. fishery will likely have to be reduced 60 to 80 percent.”

It’s a testament to the cardiac health of Maine and Canadian lobstermen that the statement didn’t produce a mass heart attack, especially since it came during a discussion of what fishing restrictions might be imposed by NOAA Fisheries this spring to meet the demands of the federal Endangered Species and Marine Mammal Protection acts.

What almost everyone in the room heard, though, wasn’t all that Keliher said. Thanks to a snafu with the microphone, the audience missed the beginning of the NOAA statement that said “whale mortalities” from U.S. fisheries would have to be reduced by “60 to 80 percent,” not the fisheries themselves.

Read the full story at the Mount Desert Islander

Summary of Action Items for the 177th Meeting of the WPRFMC

April 9, 2019 — The following was released by the Western Pacific Regional Fishery Management Council:

The 177th meeting of the Western Pacific Regional Fishery Management Council will convene April 12, 2019, via teleconference. The Council will consider and may take action on the issues summarized below, including any public comments on them. Written public comments should be received by the Council’s executive director by 5 p.m. (Hawai’i time), April 10, 2019, by postal mail, fax or email as indicated below. Opportunities to present oral public comment will be provided during the 177th Council meeting.

1. Managing Loggerhead and Leatherback Sea Turtle Interactions in the Hawai’i-Based Shallow-Set Longline Fishery

The Council at its 173rd Meeting in June 2018 recommended amending the Pelagic Fishery Ecosystem Plan (FEP) to establish a management framework for the Hawai`i shallow-set longline fishery that consists of 1) annual limits on the number North Pacific loggerhead and leatherback turtle interactions consistent with the anticipated level of annual interactions that is set forth in the current valid Biological Opinion (BiOp) and 2) individual trip interaction limits for loggerhead and leatherback turtles. The Council also recommended specifications under the framework as follows: 1) annual limits of 37 North Pacific loggerhead and 21 leatherback turtles; and 2) individual trip limit of 5 North Pacific loggerhead turtles.

The Council’s recommendation for specifying the loggerhead and leatherback turtle annual limits was based on the anticipated level of interactions analyzed in the Biological Evaluation (BE) initiating reconsultation of the Hawaii shallow-set longline fishery under the Endangered Species Act (ESA) Section 7 consultation process. As part of its recommendation, the Council noted that it would review its recommendation if the new BiOp from the ongoing consultation results in a jeopardy decision or otherwise results in a different incidental take statement for North Pacific loggerheads or leatherbacks. The new BiOp was originally scheduled to be completed by October 31, 2018, but the draft was not completed in time for the October SSC and Council meeting. Following the October meetings, PIRO set a new timeline to deliver the draft BiOp by January 31, 2019, and a final BiOp by February 28, 2019. Due to the federal government shutdown, draft BiOp timeline was further delayed to March 25, 2019.

At its October 2018 meeting, the Council’s Scientific and Statistical Committee (SSC) received a presentation from the Pacific Islands Fisheries Science Center (PIFSC) on the population viability analysis (PVA) for loggerhead and leatherback turtles prepared for the ongoing Section 7 consultation. The modeling was conducted in response to a request by the Pacific Islands Regional Office (PIRO) Protected Resources Division for the purpose of examining the long-term viability of the species. PVA results indicate that the North Pacific loggerhead population has a mean estimated population growth rate of 2.4%, while the Western Pacific leatherback turtle population has a mean estimated population growth rate of -5.3%. The growth rates reflect long-term population trends based on nesting beach data representing approximately 52% of the North Pacific loggerhead turtle population and approximately 85% of the Western Pacific leatherback turtle population.

The Council at its 174th Meeting in October 2018 reviewed the Approach to the Assessment for the Biological Opinion and considered the SSC’s report regarding the PVA. The Council recommended convening an interim Council meeting, if needed, to review draft BiOp and consider any revisions to June 2018 recommendations based on the BiOp, and stated that it will reconsider a specification of leatherback individual trip limits if necessary.

The Council convened its 175th Meeting on December 17, 2018, to consider final action on additional mitigation measures for the Western Pacific leatherback turtles in advance of the draft BiOp completion, taking into consideration the results of the PVA model indicating a continuing long-term declining trend of the population. The Council deferred action until the draft Biological Opinion and more complete information on the impacts of the fishery on the Western Pacific leatherback turtles are available to fully inform the Council decision.

At its 177th Meeting, the Council will review its recommendations on the management framework from the 173rd Meeting for consistency with the draft BiOp and may consider taking final action on the management framework.

Read the full release here

ALASKA: State seeks delisting of ringed seals under Endangered Species Act

March 28, 2019 — Gov. Mike Dunleavy’s administration is seeking to remove a seal species from the federal Endangered Species Act, a request which may have ramifications for the future of offshore oil drilling in Alaska.

The Alaska Department of Fish and Game announced Tuesday that it was petitioning the National Oceanographic and Atmospheric Administration’s National Marine Fisheries Service to delist the ringed seal. The move has support from the North Slope Borough, Arctic Slope Regional Corp. and Iñupiat Community of the Arctic Slope.

While acknowledging the decline of the seals’ sea ice habitat, documented last year by NOAA’s Arctic Report Card, the Fish and Game statement noted that the ringed seal “continues to occupy the entire circumpolar Arctic, with an abundant population numbering in the millions.” It also questioned the availability of scientific data for the foreseeable future extending to the year 2100, as mentioned in the ringed-seal declaration.

“The best available scientific information now available indicates ringed seals are resilient and adaptable to varying conditions across their enormous range and are likely to adapt to habitat conditions that change over time,” state officials wrote.

NOAA spokeswoman Julie Speegle confirmed Tuesday afternoon that the state’s petition had been received. Its arrival triggers a 90-day deadline for NOAA to “publish a finding in the Federal Register as to whether the petition presents substantial information indicating that the petitioned action may be warranted.”

Read the full story at KTVA

Bipartisan group of US congressmen support bill to save right whales

March 18, 2019 — A bipartisan group of congressmen has unveiled a bill that seeks to save the critically North Atlantic right whale.

H.R. 1568, or the Scientific Assistance for Very Endangered (SAVE) Right Whales Act, introduced by U.S. Rep. Seth Moulton earlier this month, would provide up to USD 5 million (EUR 4.4 million) in grants annually for the next 10 years to develop technology that would reduce the mortality rates for the species.

Some of the grant money would be used to research and develop new commercial fishing gear. Currently, entanglements with fishing gear causes 85 percent of the deaths and 83 percent of whales in existence have scars or other injuries associated with gear encounters, according to statistics from environmental groups.

Right whales have been listed on the Endangered Species Act for nearly 50 years. Conservationists estimate the current population at less than 420, and fear the population will only continue to dwindle as birth rates drop.

“We humans have nearly killed every right whale in existence through our direct and indirect actions over the past two centuries,” said Moulton (D-Massachusetts) in a statement. “Now we have a choice: We can be the generation that brings them back or the generation that allows their extinction. Let’s not miss this unique moment.”

Moulton filed similar legislation in August of last year, but Congress did not take it up before the session ended in January.

Co-sponsors of this year’s bill include three Democrats – U.S. Reps. Jared Huffman of California, Bill Keating of Massachusetts, and David Cicilline of Rhode Island – and three Republicans – U.S. Reps. John Rutherford, Bill Posey, and Brian Mast, all from Florida.

Read the full story at Seafood Source

MAINE: Whale rule changes coming on two tracks

January 9, 2019 — Maine lobstermen and their representatives, along with state fisheries regulators, continue in the trenches of debates about how much the Maine lobster fishery is implicated in the decline of the North Atlantic right whale.

Ongoing efforts to protect the whales from entanglement with fishing gear may result in two different new sets of regulations, Sarah Cotnoir, resource coordinator for the Maine Department of Marine Resources, and Patrice McCarron, executive director of the Maine Lobstermen’s Association, told the Zone B Council last week.

The two sets of regulations come from parallel processes under two federal laws, the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA).

Read the full story at The Ellsworth American

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

Rep. Bishop Statement on Department of the Interior’s Proposed ESA Changes

July 20, 2018 — The following was released by the House Committee on Natural Resources:

Today, House Natural Resources Chairman Rob Bishop (R-Utah) issued the following statement in response to the Department of the Interior (DOI) releasing three proposed rules to modernize the Endangered Species Act:

“It’s no secret that modernizing the Endangered Species Act is long overdue. DOI’s proposed rules incorporate public input, innovative science and best practices to improve efficiency and certainty for federal agencies and the public. I commend Secretary Zinke and Deputy Secretary Bernhardt for their excellent leadership on this issue and look forward to working with my colleagues to enshrine these actions into law.”

Background:

DOI’s proposed rules focus on Sections four and seven of the Endangered Species Act, and would address improved consultation processes, changes to critical habitat designations, and issues within the criteria for listing and delisting species. They also incorporate public input and best practices to improve reliability, regulatory efficiency, and environmental stewardship.

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

NOAA Expands Critical Habitat for Endangered North Atlantic Right Whales

January 26, 2016 — The following was released by NOAA Fisheries:

Using new information not previously available, NOAA Fisheries is expanding critical habitat for endangered North Atlantic right whales to cover its northeast feeding areas in the Gulf of Maine/Georges Bank region and southeast calving grounds from North Carolina to Florida.

This final rule, which was initially proposed in February 2015 and received 261 general comments over a 60-day comment period, does not include any new restrictions or management measures for commercial fishing operations.

North Atlantic right whale mother and calf. Credit: Christin Khan/NOAA

“With two decades of new information and improved understanding since we first designated critical habitat for the species, we believe the expansion will further protect essential foraging and calving areas to further improve recovery of this animal,” said Eileen Sobeck, assistant NOAA administrator for NOAA Fisheries. “We’re making significant progress in reversing the population decline of the species, and are seeing signs of recovery – up to about 500 animals from the estimated 300 in 1994. But we still have a long way to get to complete recovery. “This rule is based on 35 years of aircraft and ship borne surveys of right whale distribution, research into foraging and prey availability to better understand right whale movements and life history. Together, these data provide a far more robust understanding of the factors critical to species recovery. Based on this information and public comments, NOAA scientists and managers determined a critical habitat expansion associated with feeding in the North and calving in the South is necessary for species recovery.

Under the Endangered Species Act, critical habitat within the range of the species consists of areas that contain physical or biological features essential to conservation of the species. The new designation does not create preserves or refuges or any other restrictions that directly affect the public. However, federal agencies conducting, funding or permitting activities in these areas, and project proponents that need federal permits or funding for such activities, are required to work with NOAA Fisheries to avoid or reduce impacts on critical habitat.

Figure 1: Comparison of 1994 and 2016 Right Whale Critical Habitat Designations

Read the final rule, along with comments and responses, as filed in the Federal Register this morning.

Read the whole press release on our website.

After a Century, Shortnose Sturgeon Return to Historic Habitat

November 17, 2015 — The following was released by NOAA Fisheries:

ORONO, Maine – Endangered shortnose sturgeon have rediscovered habitat in the Penobscot River that had been inaccessible to the species for more than 100 years prior to the removal of the Veazie Dam in 2013. University of Maine researchers confirmed evidence that three female shortnose sturgeon were in the area between Veazie (upriver of the dam remnants) and Orono (Basin Mills Rips), Maine in mid-October. Researchers had previously implanted these sturgeon with small sound-emitting devices known as acoustic tags to see if they would use the newly accessible parts of the river.

Among the most primitive fish to inhabit the Penobscot, sturgeon are often called “living fossils” because they remain very similar to their earliest fossil forms. Their long lives (more than 50 years) and bony-plated bodies also make them unique. Historically, shortnose sturgeon and Atlantic sturgeon (a related species also present in the watershed) had spawning populations in the Penobscot River as far upstream as the site of the current Milford dam, and provided an important food and trade source to native peoples and early European settlers. Overharvest and loss of suitable habitat due to dams and pollution led to declines in shortnose sturgeon populations and a listing as endangered under the U.S. Endangered Species Act (ESA) in 1967. In 2012, Gulf of Maine populations of Atlantic sturgeon were listed as threatened under the ESA.

Today, a network of sound receivers, which sit on the river bottom along the lower river from Penobscot Bay up to the Milford Dam, detect movement and location of tagged fish. According to Gayle Zydlewski, an associate professor in the University of Maine School of Marine Sciences, the three individual fish observed were females. These fish have since been tracked joining other individuals in an area identified as wintering habitat near Brewer, Maine. Wintering habitat in other rivers is known to be staging habitat for spawning the following spring.

“We know that shortnose sturgeon use the Penobscot River throughout the year, and habitat models indicate suitable habitat for spawning in the area of recent detection upriver of Veazie, although actual spawning has not yet been observed,” Zydlewski said.

Since 2006, Zydlewski has been working with Michael Kinnison, a professor in UMaine’s School of Biology and Ecology, and multiple graduate students, including Catherine Johnston, to better understand the sturgeon populations of the Penobscot River and Gulf of Maine. Johnston, who has been tagging and tracking sturgeon in the Penobscot for two years to study the implications of newly available habitat to shortnose sturgeon, discovered the detections of sturgeon upstream of the Veazie dam remnants. Each new bit of information adds to the current understanding of behavior and habitat preferences of these incredible fish.

“We’re very excited to see sturgeon moving upstream of where the Veazie Dam once stood, and into their former habitats,” said Kim Damon-Randall, assistant regional administrator of the National Oceanic and Atmospheric Administration (NOAA) Fisheries’ Protected Resources Division. “We need to do more research to see how they’re using it, but it’s a tremendous step in the right direction.”

Habitat access is essential for the recovery of these species. The removal of the Veazie Dam is only a portion of the Penobscot River Restoration Project, which, when combined with the removal of Great Works Dam in 2012, restores 100 percent of historic sturgeon habitat in the Penobscot. In addition to dam removals, construction of a nature-like fish bypass at the Howland Dam in 2015 significantly improves habitat access for the remaining nine species of sea-run fish native to the Penobscot, including Atlantic salmon and river herring.

“Scientific research and monitoring of this monumental restoration effort has been ongoing for the past decade,” said Molly Payne Wynne, Monitoring Coordinator for the Penobscot River Restoration Trust. “The collaborative body of research on this project is among the most comprehensive when compared to other river restoration projects across the country,” Wynne said.

NOAA Fisheries is an active partner and provides funding for this long-term monitoring collaboration that includes The Penobscot River Restoration Trust, The Nature Conservancy and others. These efforts are beginning to shed light on the response of the river to the restoration project. Restoration of the full assemblage of sea-run fish to the Penobscot River will revive not only native fisheries but social, cultural and economic traditions of Maine’s largest river.

After measurement and implantation of a small tagging device, graduate student L. Izzo releases a shortnose sturgeon back into the Penobscot (ESA Permit #16036 compliant, photo courtesy G. Zydlewski).