Saving Seafood

Washington tribe’s plan to resume traditional whale hunting advanced by NOAA

April 8, 2019 — The Makah Tribe of Washington state took a step closer on Friday to resuming the hunting of gray whales with a National Oceanic and Atmospheric Administration proposal to allow the practice nearly two decades after a federal appeals court halted it.

The proposal by NOAA Fisheries would allow a waiver to the Marine Mammal Protection Act to let the tribe harvest 20 Eastern North Pacific gray whales over a 10-year period. The tribe had originally requested to harvest 20 whales every five years.

Read the full story at Reuters

NEW JERSEY: Shore congressman introduces legislation to ban offshore oil, gas projects

April 1, 2019 — A freshman Shore congressman has introduced a bill to ban offshore drilling and seismic testing off the Atlantic and Pacific coasts.

The Coastal and Marine Economies Protection Act, proposed by Rep. Jeff Van Drew, a Democrat representing most of South Jersey and the southern half of the state’s coastal areas, and Rep. Joe Cunningham of South Carolina, would permanently ban oil and gas leasing.

“Our local economy is dependent on fishing, tourism and wildlife watching – the bottom line is offshore oil and gas drilling isn’t worth the risk,” Van Drew said. “It is time to get rid of the harmful and dangerous practice of offshore drilling once and for all.”

The congressman expects the Department of Interior to include both coasts in its next five-year Oil and Gas Leasing Program.

The National Marine Fisheries Service authorized permits late last year under the Marine Mammal Protection Act for five companies to use air guns for seismic surveys from Delaware to central Florida.

Read the full story at WHYY

Change Is in the Air: Western Pacific SSC Suggests New Approaches for Suite of Issues

March 19, 2019 — SEAFOOD NEWS — The Scientific and Statistical Committee of the Western Pacific Regional Fishery Management Council concluded a three-day meeting last week in Honolulu with a suite of recommendations to more effectively address issues facing fisheries in the U.S. Pacific Islands. The Council will consider those recommendations this week.

Regarding false killer whales, the SSC recommended inclusion of a population variability analysis to supplement the use of and reduce the variability of potential biological removal estimates.

The Southern Exclusion Zone (SEZ), a 132,000 square mile area in the offshore waters around the main Hawaiian Islands, was closed to the Hawai’i longline fishery on Feb. 22, 2019, after its interactions resulted in a mortality and serious injury determination for two false killer whales. With the SEZ closed, less than 18 percent of US exclusive economic zone around Hawai’i remains open to the fishery.

The SEZ may reopen in 2020 if the average estimated false killer whale M&SI in the deep-set longline fishery within the remaining open areas of the EEZ around Hawai’i for up to the five most recent years is below the potential biological removal for the species, the WPRFMC said in a press release.

The Honolulu-based longliners land about $100 million of sashimi-quality tuna, which stays principally in the state.

The PBR is defined by the Marine Mammal Protection Act as the maximum number of animals that can be removed, not including natural mortalities, from a marine mammal stock while allowing that stock to reach and maintain its optimum sustainable population, i.e., its maximum productivity keeping in mind the carrying capacity of the habitat and health of the ecosystem. The SSC recommended the Council request NMFS develop approaches to incorporate population viability analysis to supplement the use of PBR and to reduce uncertainty in PBR estimates. PVA is a species-specific risk assessment method frequently used in conservation biology.

The SSC also requested the Council ask NMFS to provide the data needed for the SSC to develop the PVA in parallel to the NMFS process. Furthermore, it also asked that NMFS develop serious-injury determination criteria for false killer whales that are probability-based. Currently, NMFS considers the impact of a false killer whale determined to be seriously injured to be equivalent to the impact of a dead false killer whale, even though animals determined to be seriously injured are released alive.

Spatial Management: A subgroup of the SSC worked to define benefits and limitations to spatial management actions relative to regional fishery issues and management objectives. The working group explored time-area closures; adaptive/real-time closures and restrictions; permanent no-take closures; and alternative non-spatial management actions, such as gear restrictions.

Members also discussed objectives of management actions, such as increasing targeted bigeye and albacore tuna abundance and reducing Hawai’i longline interactions with sea turtles and false killer whales. The group also identified criteria for evaluating the effectiveness of spatially managed areas. The SSC reviewed the outcomes of the working group and recommended that effective spatial management should have the following:

  • Objectives and performance metrics explicitly specified prior to developing a spatial management area in order to evaluate the effectiveness of the spatial management. The performance metrics should concurrently address conservation, economic and social objectives;
  • Regular monitoring of the performance of the spatial management area; and
  • Planned and tenable compliance monitoring and enforcement. The SSC said permanent closed areas are likely less effective than modifying fishing gear or methods to minimize protected species bycatch. It recommended regulations that would allow industry to find voluntary means to reduce bycatch and have input in the development of mitigation measures.

Hawai’i Kona Crab: The SSC evaluated the benchmark assessment of the Hawai’i Kona crab fishery and determined it is the best scientific information available for status determination and setting harvest limits.

The scientists said the assessment possibly accounted for a limited portion of the stock due to the small geographic extent of the commercial fishery relative to the larger distribution of the stock in Hawai’i as well as a lack of information on noncommercial fishing activities.

It suggested that female crabs discards be recorded on fishermen trip reports and that a stock assessment model be used that can account for sex-specific dynamics, since State of Hawai’i management measures allow the take of males but requires females to be discarded. The SSC recommended that the sex ratio of Kona crab at Penguin Bank be studied to evaluate the potential effects on the stock from the sex-selective fishery and reiterated its strong recommendation that extension of the closed season, changes in mesh size, retention of females and other alternative management options be evaluated to stimulate fishermen participation in this healthy fishery. Fishery participation had declined significantly after the non-retention of female Kona crabs went into effect.

U.S. Territory Longline Bigeye Tuna Quota: Regarding the federal quotas of longline-caught bigeye tuna for the U.S. Pacific Territories that participate in the Western and Central Pacific Fisheries Commission, the SSC noted that the projected impacts of allowing each U.S. Territory to transfer 1,000 or up to 2,000 metric tons of their 2,000 mt quotas to permitted U.S. longline fishing vessels would not lead to bigeye overfishing and are consistent with the Commission’s management objectives.

This story was originally published on SeafoodNews.com, a subscription site, it has been reprinted with permission.

Court: No new offshore drilling work during federal shutdown

January 21, 2019 — A federal judge in South Carolina has turned back the Trump administration’s attempt to continue preparatory work for offshore drilling during the federal government’s partial shutdown, issuing a ruling in a federal lawsuit challenging the overall expansion plans.

In his order, U.S. District Judge Richard Gergel halted federal agencies “from taking action to promulgate permits, otherwise approve, or take any other official action” for permits to conduct testing that’s needed before drilling work can begin.

The ruling comes a few days after President Donald Trump’s decision this week to recall workers at the Bureau of Ocean Energy Management so they could continue to process testing permits for possible drilling off the Atlantic coastline. The recall drew an objection from the U.S. House Natural Resources Committee chairman, Democratic Rep. Raul Grijalva (gri-HAWL-vah) of Arizona. He called on Acting Interior Secretary David Bernhardt to reverse course or provide a briefing on the legal justification for the move.

Earlier this month, South Carolina joined a federal lawsuit opposing the administration’s plans to conduct offshore drilling tests using seismic air guns. Gergel is overseeing that case, initially filed by environmental groups and municipalities along the state’s coast.

The suit challenges permits for the testing that precedes the drilling itself. It claims the National Marine Fisheries Service violated the Marine Mammal Protection Act, the Endangered Species Act and the National Environmental Policy Act in issuing the permits.

Read the full story at the Associated Press

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

NOAA issues the most protective authorizations to date on marine mammal impacts from Navy Training and Testing

December 20, 2018 — The following was released by NOAA:

The National Marine Fisheries Service today issued final authorizations under the Marine Mammal Protection Act to incidentally, but not intentionally, “take” marine mammals during Naval training and testing in the Pacific. This is the third in a series of five-year incidental take regulations for the Navy’s Hawaii-Southern California Training and Testing activities. The final regulations put in place measures that are more protective and include a larger area than those in the proposed regulations or previous regulations.

“The Navy has balanced our conservation requirements for marine mammals with their critical national security requirements for training and military readiness. As the acting NOAA administrator and a retired Navy admiral, I know this is a win-win for marine mammal protection and national defense,” said retired Navy Rear Adm. Timothy Gallaudet, Ph.D., acting under secretary of commerce for oceans and atmosphere at NOAA.

Under the authority of the Marine Mammal Protection Act and the Endangered Species Act, NMFS evaluates the predicted effects of human activities on protected marine species and may require other agencies and entities to modify their activities to reduce those effects. In this instance, NOAA is imposing stringent mitigation measures expected to reduce adverse impacts to marine mammal stocks and their habitats as well as listed species, including:

  • Shutting down sonar when marine mammals are in the area;
  • Waiting for animals to leave the training range prior to use of in-water explosives, and monitoring of the area post-activity to detect potentially affected protected species;
  • Following protocols to reduce the likelihood of ships striking marine mammals;
  • Imposing operational limitations in certain areas and times that are biologically important (for example, reproduction, migration, foraging); and
  • Implementing a Notification and Reporting Plan (for dead, stranded, or struck animals)

“NOAA has been working with the Navy for more than ten years to understand the effects the Navy’s testing and training has on marine mammals and, over time, we have steadily increased the protections in place,” said Donna Weiting, director of NMFS’s office of protected resources.

NOAA and the Navy worked together to develop a robust monitoring plan, with associated strict reporting measures. Additionally, the final rule includes an adaptive management component that allows for timely modification of mitigation or monitoring measures based on new information, when appropriate.

In this authorization, the anticipated “take” of marine mammals over the 5-year period primarily includes disruption of behavioral patterns or temporary hearing impairment, but may also include some significantly lesser number of injuries and a very small number of mortalities. The authorization will be in place through December 2023.

Environmental groups will join 16 South Carolina cities to sue over offshore drilling tests

December 11, 2018 — Nine conservation groups and 16 South Carolina coastal communities are expected to sue the Trump administration Tuesday to stop leases to explore for natural gas and oil offshore.

Tracts off South Carolina are among the waters up for grabs. The groups said they will file two separate lawsuits, both in U.S. District Court in Charleston.

The lawsuits will claim the leases violate the federal Marine Mammal Protection Act, which prohibits harassing or killing animals such as whales or dolphins.

The exploration would include seismic blast testing that involves loud airguns considered harmful to marine mammals and other sea life.

“Ignoring the mounting opposition to offshore drilling, the decision to push forward with unnecessary seismic testing violates the law, let alone common sense,” said Charleston-based attorney Catherine Wannamaker, with the Southern Environmental Law Center.

“An overwhelming number of communities, businesses and elected officials have made it clear that seismic blasting — a precursor to drilling that nobody wants — has no place off our coasts,” she said.

The 16 municipalities are Charleston, Mount Pleasant, Isle of Palms, Folly Beach, Edisto Island, Seabrook Island, Kiawah Island, James Island, Beaufort, Hilton Head Island, Bluffton, Port Royal, Awendaw, Pawleys Island, Briarcliffe Acres and North Myrtle Beach. Also part of the litigation is the S.C. Small Business Chamber of Commerce.

The South Carolina Environmental Law Project sued on their behalf.

Read the full story at The Post and Courier

NOAA Approves Seismic Blasts off Coast of Md., Va.

December 4, 2018 — The federal government has cleared the way for five companies to do seismic surveys in the Atlantic Ocean off the coast of Maryland and Virginia, as a first step to possible offshore drilling for gas and oil.

National Marine Fisheries Service, part of the National Oceanic and Atmospheric Administration, gave final authorization, under the Marine Mammal Protection Act, to “incidentally, but not intentionally, harass marine mammals to companies proposing to conduct geophysical surveys in support of hydrocarbon exploration in the Atlantic Ocean.”

That means NOAA Fisheries will allow seismic blasts even though they may unintentionally disturb marine mammals. The companies will be required to monitor acoustics, and take action to reduce the impact on animals. The required actions include vessels listening and watching for marine life, especially protected species. Companies must increase the seismic activity gradually “to alert animals in the area and reduce potential for exposure to intense noise.” And when certain sensitive species are nearby, they must stop blasting.

The geophysical surveys use airgun arrays to explore for hydrocarbons. A 2017 Presidential Executive Order encourages energy exploration like this. The NOAA Fisheries decision to allow blasting on the Atlantic Coast was met with outrage from conservation groups like the Chesapeake Bay Foundation.

The Bureau of Ocean Energy Management says there is no evidence that seismic surveys harm marine life, but a study it conducted in 2014 shows that nearly three million dolphins and half a million whales could be harassed, or worse, by survey activity.

Read the full story at the Chesapeake Bay Magazine

Lethal force approved for sea lion at Willamette Falls

November 16, 2018 — The Oregon Department of Fish and Wildlife’s plan to remove problem California sea lions from the Willamette River Falls using lethal force has been approved by the National Marine Fisheries Service.

The sea lions are protected by the Marine Mammal Protection act, but the federal agency approved the plan because the pinnipeds have put runs of salmon and steelhead in the river in jeopardy of extinction.

ODFW filed the application because analyses showed that high levels of predation by sea lions (25 percent of the steelhead run in 2017) meant there was an almost 90 percent probability that one of the upper Willamette steelhead runs could go extinct.

Read the full story at The Colombian 

Federal court upholds ban on Mexican imports in vaquita case

October 24, 2018 — A federal court has upheld a ruling from July that banned seafood imports from Mexico harvested by a drift gillnet.

The decision by the U.S. Court of International Trade on Monday, 22 October came after Trump administration officials appealed Judge Gary S. Katzman’s temporary injunction against the practice. Conservation groups sued the administration seeking a ban in an attempt to save the vaquita, a small porpoise on the brink of extinction.

The porpoise lives in the Gulf of California and estimates put the species population at around a dozen. However, roughly half the stock dies each year in encounters with gillnets. The Natural Resources Defense Council, the Animal Welfare Institute, and the Center for Biological Diversity filed the lawsuit in March and claimed the acceptance of Mexican seafood caught by those nets violated the Marine Mammal Protection Act.

Read the full story at Seafood Source