Saving Seafood

Court Denies California’s Attempt to Delay Whale Entanglement Case

February 1, 2019 — SEAFOOD NEWS — A federal court has rejected the California Department of Fish and Wildlife’s bid to delay a lawsuit alleging it’s not doing enough to prevent its commercial Dungeness crab fishery from entangling whales and sea turtles in violation of the federal Endangered Species Act.

The Center for Biological Diversity sued the department in October 2017 after whale entanglement numbers broke records for three straight years.

“This is an important win in our fight to protect whales and sea turtles from suffering and dying in crabbing gear. It’s time for California regulators to stop delaying and take action,” Kristen Monsell, oceans legal director at the Center, said in a press release. “The court recognized that it can’t just sit on the sidelines while state officials have no plan to prevent entanglements. Talking and holding endless meetings isn’t enough.”

U.S. District Court Judge Maxine Chesney denied the department’s motion to stay the case for two and a half years while it applies for an ESA Section 10 federal permit, which would require preventive measures. California sent a letter to NOAA last year, indicating the agency’s plans to formally file for the permit.

In the meantime, California has taken steps to avoid whale entanglements. The Dungeness Crab Fishing Gear Working Group published a best practices guide for fishermen It also established the Risk Assessment and Mitigation Program (RAMP) to support the state in working collaboratively with experts (fishermen, researchers, NGOs, etc.) to identify and assess elevated levels of entanglement risk and determine the need for management options to reduce risk of entanglement. Working with federal scientists, the group also solicits periodic flyovers to find concentrations of gear and concentrations of whales. With that information, fishermen can voluntarily get their gear and/or try to avoid whale interactions.

The Pacific Coast Federation of Fishermen’s Associations filed as an intervenor in the lawsuit and continues to support the industry in its efforts to avoid whale entanglement.

“No commercial fisherman wants to entangle whales or sea turtles in their fishing gear – doing so is not only a public relations disaster, but will likely destroy that gear, can damage their boats and can even be life-threatening,” the PCFFA states in its Memorandum in Support of Motion for Intervention in March 2018. “Many commercial fishermen voluntarily participate in programs to identify and rescue marine animals (especially whales) from entanglements in commercial fishing gear, often at great personal peril.”

On Feb. 22 the court is scheduled to consider the Center’s motion for summary judgment, the Center said in a press release.

In 2016 federal officials confirmed that the California commercial Dungeness crab fishery entangled at least 23 animals. As of late November, at least 36 whale entanglements had been reported off California in 2018, including at least five humpback whales entangled in California commercial Dungeness crab gear, the Center said in the statement.

California’s attention to this issue a few years ago has resulted in several gear workshops that included researchers, developers and fishermen coming together to try to solve or mitigate whale entanglement issues on the entire West Coast. Both Oregon and Washington now have their own gear/entanglement groups, working on problems and proposing incremental steps to prevent entanglements. Washington also has notified NOAA it intends to apply for an ESA Section 10 permit for its Dungeness crab fishery.

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

Interior to Hold Massive Sale of Offshore Oil and Gas Leases

February 21, 2018 — The Interior Department announced Friday that the sale of leases on 77.3 million acres off the Southeast coast for oil and gas exploration will occur on March 21.

The sale, which Deputy Interior Secretary David Bernhardt said is the largest in U.S. history, will consist of leases off the coasts of Texas, Louisiana, Mississippi, Alabama, and Florida. It includes all currently unleased areas in federal waters in the Gulf of Mexico.

“Responsibly developing our offshore energy resources is a major pillar of President Trump’s American Energy Dominance strategy,” Bernhardt said. “A strong offshore energy program supports tens of thousands good paying jobs and provides the affordable and reliable energy we need to heat homes, fuel our cars, and power our economy.”

Anne Rolfes, director of the Louisiana Bucket Brigade, a New Orleans-based nonprofit that is heavily involved in environmental issues asked “How stupid can we be?” when she learned of the scheduled lease sale.

“The Gulf Coast is consistently nailed by hurricanes and yet our government insists on an energy strategy that exacerbates these hurricanes,” she said.

“A real energy strategy would be one that pursues renewables full speed ahead. Their so-called energy strategy is really a scheme for corrupt politicians to enrich themselves and their cronies,” Rolfes added.

Raleigh Hoke, campaign director of the Gulf Restoration Network, also took a dim view of the Interior Department announcement.

“We are disappointed that this Administration is moving forward with yet another lease sale in the Gulf of Mexico while simultaneously rolling back key safety measures to protect workers and the environment,” Hoke said. “Oil spills and accidents are an everyday occurrence in the Gulf, and we’re still at risk of a major catastrophe like the 2010 BP drilling disaster. We need stronger safety requirements, not weaker, and an end to all new offshore leasing in the Gulf.”

“Trump’s auctioning off this massive amount of our ocean while at the same time proposing to rollback important environmental and safety requirements,” agreed Kristen Monsell, a senior attorney with the Center for Biological Diversity.

Read the full story at the Courthouse News Service

 

Court approves threatened-species status for ringed seals in Alaska

February 13, 2018 — In a decision based on long-term climate projections, the 9th U.S. Circuit Court of Appeals on Monday affirmed ringed seals in Alaska as threatened under the Endangered Species Act.

The ruling could result in limits on oil and gas projects and other activity in the Arctic. It reverses a 2016 decision by U.S. District Court Anchorage Judge Ralph Beistline.

The National Marine Fisheries Service in 2012 listed the Arctic ringed seal as threatened, based on long-term climate-model projections showing its sea-ice habitat shrinking.

The agency’s finding that the seal “was likely to become endangered within the foreseeable future – was reasonable and supported by the record,” the appeal court’s decision says.

The state of Alaska, the Alaska Oil and Gas Association, and other groups had challenged the listing.

In a related case, the U.S. Supreme Court in January decided not to review the appeals court’s conclusion upholding the threatened listing of Alaska’s bearded seal.

The bearded and ringed seals are “closely related,” the appeals court said Monday. The bearded-seal case adjudicated the same issues, and the court is bound by that precedent, the appeals court said.

The Alaska Oil and Gas Association, the state of Alaska and other plaintiffs had challenged that listing as well.

Kara Moriarty, president of AOGA, called the decisions disappointing. She said there are millions of bearded and ringed seals worldwide.

“The ESA listing was made despite a lack of sufficient scientific evidence to suggest that the species would be threatened any time in the near future,” Moriarty said. “Under such a standard, virtually any and all species could be listed as threatened or endangered under the ESA. All this will do is add additional cost and burden to our industry for seals with extremely healthy populations.”

Kristen Monsell, senior attorney for Center for Biological Diversity, a defendant in the case along with the federal government, said NMFS will implement a recovery plan for the ringed seal and designate critical habitat. The agency in 2014 proposed critical habitat for the seal off Alaska’s northern and western coasts.

To protect the threatened seals, the federal government could set limits affecting industrial activity, Monsell said. Agencies may require, say a re-route of pipeline construction plans, or stopping noisy work during birthing seasons.

Read the full story at the Anchorage Daily News

 

Supreme Court says bearded seal still threatened, despite legal battle

January 23, 2018 — While the federal government was shut down on Monday, the federal courts were still making decisions.

The U.S Supreme Court decided to keep the bearded seal as threatened under the Endangered Species Act — rejecting an oil and gas industry challenge to the animal’s protection status.

The marine mammal was listed in 2012, due to melting sea ice. But the Alaska Oil and Gas Association or AOGA and the American Petroleum Institute thought the listing was premature.

Joshua Kindred, an environmental counselor at AOGA, said he was “disappointed” in the supreme court’s decision.

He said the National Marine Fisheries Service didn’t provide enough evidence to warrant a listing.

“They didn’t ever really show from a scientific point of view why the seasonal sea ice was so critical to their long-term health of the species,” he said.

Kindred said there also wasn’t sufficient guidance for a plan moving forward. He said excessive critical habitat designations can slow oil and gas development.

The Center for Biological Diversity has fought to keep the bearded seal’s protection status.

Read the full story at KTOO Public Media

 

Conservation groups sue to force greater protection for North Atlantic right whale

January 19, 2018 — Three national organizations went to court Thursday in an effort to force the federal government to provide greater protections for the endangered North Atlantic right whale.

The plaintiffs allege that the federal government has failed to manage the fishing industry by not enforcing the Endangered Species Act and the Marine Mammal Protection Act. Scientists say right whales are facing extinction largely because the animals die after becoming entangled in lobster trap lines and commercial fishing gear.

The civil suit against the National Marine Fisheries Service and the U.S. Secretary of Commerce was filed Thursday in federal court in Washington, D.C., by the Center for Biological Diversity, Defenders of Wildlife, and the Humane Society of the United States.

During a meeting in Halifax, Nova Scotia, in October, scientists said the species is doomed to extinction by 2040 if humans don’t make substantive changes to protect them. A total of 17 right whales were found dead last summer and fall in the waters of the Gulf of St. Lawrence and off Cape Cod.

Dave Cousens, president of the Maine Lobsterman’s Association and a lobsterman who fishes out of South Thomaston, said he wasn’t surprised by the lawsuit after last year’s die-off.

“A lot of whales died,” Cousens said. “We have done a lot (to avoid entanglements) in Maine, and I have to say I don’t think Maine has been the cause of any of the deaths.”

Cousens said he fully expected that conservation organizations would demand that additional steps be taken to avoid entanglements with fishing gear.

In the suit, plaintiffs sharply criticize the NMFS for supporting a 2014 biological opinion that found commercial fisheries are likely to kill or seriously injure more than three North Atlantic right whales a year, but also led the federal agency to conclude “that the fishery is not likely to jeopardize the continued existence of North Atlantic right whales.”

Read the full story at the Portland Press Herald

 

Climate Change Projections Can Be Used To List A Species As Threatened, US Court Rules

October 25th, 2016 — In a landmark ruling Monday, a U.S. appeals court said that the National Marine Fisheries Service (NMFS) — a federal agency — had acted reasonably when it proposed to list certain populations of bearded seals in Alaska as “threatened” under the Endangered Species Act. The decision, which reverses a 2014 ruling by a lower court, could pave the way for other species being accorded protections based on their vulnerability to projected changes in climate.

“This is a huge victory for bearded seals and shows the vital importance of the Endangered Species Act in protecting species threatened by climate change,” Kristen Monsell, attorney for the Center for Biological Diversity — which had, in 2008, filed a petition to list the species as threatened, said in a statement. “This decision will give bearded seals a fighting chance while we work to reduce the greenhouse gas emissions melting their sea-ice habitat and keep dirty fossil fuels in the ground.”

The Pacific bearded seal is one of the two subspecies of bearded seals. Although it is currently listed as “Least Concern” by the International Union for Conservation of Nature, the Center for Biological Diversity and the NMFS estimate — based on data from the Intergovernmental Panel on Climate Change — that the seals’ winter sea-ice habitat in the Bering and Okhotsk seas off Alaska and Russia would decline by at least 40 percent by 2050, and that the subspecies would be endangered by 2095.

Read the full story at the IBT Times 

Whales, sea turtles, seals: The unintended catch of abandoned fishing gear

September 29, 2016 — There are less than 500 North Atlantic right whales left in the world. And now, one less: This weekend, one of the 45-ton creatures was found dead off the coast of Maine, completely entangled in fishing line — head, flippers and all.

This was not an isolated incident.

In late June, an endangered blue whale wrapped in fishing gear was seen struggling off the coast of Dana Point in Southern California. Rescuers were unable to extricate it before it swam away. And earlier this month, rescuers unsuccessfully tried to free an entangled humpback whale near Newport. Spotters say they believe the humpback eventually found its way free of most of the gear, though they’re unsure if there’s anything still trapped in its mouth.

While any kind of fishing gear can be lost or abandoned at sea, gillnets, crab pots and traps are the most common types that continue to “ghost fish” — entrapping marine animals like whales, seals, sea lions and sea turtles.

Last year, the West Coast saw 61 whale entanglements — a record number that is nonetheless likely to be broken this year. So far in 2016, there have been 60 reports of entanglements as of late September. Why it’s happening is unclear. Researchers say there’s more derelict gear in the water today, and more reported sightings, but population numbers and migratory patterns of whales have also shifted.

What happens when a whale becomes entangled is grim.

“The gear is really, really heavy and when a whale comes in contact with it, it thrashes around to shed the gear,” says Kristen Monsell, attorney, Center for Biological Diversity. Sometimes that works; sometimes it entangles the whale even further.

Read the full story at SCPR