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Federal court rules against NOAA Fisheries over driftnet regulation reversal

October 30, 2018 — A federal judge last week ruled that NOAA Fisheries illegally withdrew a proposed rule that would have placed hard caps on bycatch of protected species caught in California’s swordfish drift gillnet fishery.

The decision by U.S. District Judge R. Gary Klausner in the Central District Court of California does not immediately put the caps in place. However, his order on Wednesday, 24 October, requires NOAA Fisheries to either reinstate the regulations or discuss any potential revisions with the Pacific Fishery Management Council.

Two years ago, NOAA Fisheries published a proposed rule to limit the amount of bycatch in the driftnet fishery. Federal officials opened a public comment period on the recommendations approved by the PFMC. Under the plan, the fishery faced closure if four bottlenose dolphins or short-fin pilot whales suffered injuries or died as the result of an encounter with a net over a two-year period. Closure could have also happened if two fin, humpback, or sperm whales; or two leatherbacks, loggerhead, olive ridley, or green sea turtles were injured or killed in the same time span.

However, in June 2017, the agency opted to not enact the regulations, which prompted the lawsuit from Oceana the following month.

“The court’s ruling protects whales, sea turtles, and dolphins and affirms the importance of public process and the role of the Pacific Fishery Management Council in regulating West Coast fisheries,” said Mariel Combs, the NGO’s senior Pacific counsel.

California’s swordfish driftnet fishery is considered controversial because the gear often ensnares animals other than what’s targeted. According to Oceana, the mile-long nets are used by 20 vessels and those boats discarded more than 60-percent of their harvest over a 13-year span ending last year. The number of marine mammals killed in the fishery outnumber those killed by all the other Pacific and Alaska fisheries combined.

Read the full story at Seafood Source

U.S. Withdrawal of California Gillnet Protections for Whales, Turtles Ruled Illegal

October 29, 2018 — The Trump administration unlawfully withdrew a plan to limit the number of whales, turtles and other marine creatures permitted to be inadvertently killed or harmed by drift gillnets used to catch swordfish off California, a federal judge has ruled.

The decision requires U.S. fisheries managers to take steps to implement the plan, which calls for placing numerical limits on the “bycatch” of bottlenose dolphins, four whale species and four sea turtle species snared in swordfish gillnets.

As currently written, the regulation in question also would mandate suspension of swordfish gillnet operations altogether off Southern California if any one of the bycatch limits were exceeded.

The Pacific Fishery Management Council endorsed the plan in 2015, and it was formally proposed for implementation by the U.S. Commerce Department’s National Marine Fisheries Service the following year.

The rule was expected to gain final approval but was abruptly withdrawn instead in June 2017 under President Donald Trump, whose Commerce Department determined the cost to the commercial fishing industry outweighed conservation benefits.

The environmental group Oceana sued, accusing the Commerce Department of violating U.S. fisheries laws and the federal Administrative Procedures Act. Oceana also asked the courts to order the agency to put the bycatch limits into effect.

U.S. District Judge R. Gary Klausner declined to force the National Marine Fisheries Service to immediately implement the restrictions in a decision handed down Wednesday in Los Angeles.

But he sided with environmentalists in finding the agency’s reversal exceeded its authority and was “arbitrary, capricious or an abuse of its discretion.”

Read the full story at U.S. News

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