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NOAA Fisheries Releases Proposed Rule for Marine Mammal Non-Lethal Deterrents

August 31, 2020 — The following was released by NOAA Fisheries:

Today, NOAA Fisheries is soliciting input on a proposed regulation for safely deterring marine mammals from damaging fishing gear or catch, damaging personal or public property, or endangering personal safety. MMPA section 101(a)(4)(B) directs the Secretary of Commerce, through NOAA Fisheries, to publish guidelines for safely deterring marine mammals and recommend specific measures to non-lethally deter marine mammals listed as endangered or threatened under the Endangered Species Act. This is an opportunity for the public to provide input on these guidelines and recommended specific measures. NOAA Fisheries has included in the guidelines and recommended specific measures those deterrents that are unlikely to kill or seriously injure marine mammals; we have not evaluated the effectiveness of deterrents.

We are accepting comments on the proposed rule for 60 days through 10-30-2020.  For more information and to review the draft Environmental Assessment and other materials prepared in support of this action visit our website.

Guidelines for Safely Deterring Marine Mammals

August 28, 2020 — The following was released by NOAA Fisheries:

Today, NOAA Fisheries is soliciting input on a proposed regulation for safely deterring marine mammals from damaging fishing gear or catch, damaging personal or public property, or endangering personal safety. MMPA section 101(a)(4)(B) directs the Secretary of Commerce, through NOAA Fisheries, to publish guidelines for safely deterring marine mammals and recommend specific measures to non-lethally deter marine mammals listed as endangered or threatened under the Endangered Species Act. This is an opportunity for the public to provide input on these guidelines and recommended specific measures. NOAA Fisheries has included in the guidelines and recommended specific measures those deterrents that are unlikely to kill or seriously injure marine mammals; we have not evaluated the effectiveness of deterrents.

Copies of the draft Environmental Assessment prepared in support of this action are available and accessible via the Internet at: https://www.regulations.gov/. We are accepting comments on the proposed rule for 60 days through 10-30-2020.

NOAA Fisheries Releases Proposed Rule for Marine Mammal Non-Lethal Deterrents

August 28, 2020 — The following was released by NOAA Fisheries:

Today, NOAA Fisheries is soliciting input on a proposed regulation for safely deterring marine mammals from damaging fishing gear or catch, damaging personal or public property, or endangering personal safety. MMPA section 101(a)(4)(B) directs the Secretary of Commerce, through NOAA Fisheries, to publish guidelines for safely deterring marine mammals and recommend specific measures to non-lethally deter marine mammals listed as endangered or threatened under the Endangered Species Act. This is an opportunity for the public to provide input on these guidelines and recommended specific measures. NOAA Fisheries has included in the guidelines and recommended specific measures those deterrents that are unlikely to kill or seriously injure marine mammals; we have not evaluated the effectiveness of deterrents.

We are accepting comments on the proposed rule for 60 days through 10-30-2020.  For more information and to review the draft Environmental Assessment and other materials prepared in support of this action visit our website.

Two years after regulation, NOAA Fisheries evaluating importers’ mammal bycatch

October 17, 2018 — Two years after U.S. officials established new regulations regarding imported seafood and bycatch, NOAA Fisheries is taking steps to make sure other countries are working on reducing the interaction their fisheries have with marine mammals.

The Marine Mammal Protection Act Import Provisons Rule, announced in August 2016, requires seafood importers to maintain the same bycatch standards as American fisheries. The rule took effect on 1 January 2017 but gave countries a five-year period to evaluate their marine mammal stocks and reduce their bycatch to match U.S. standards.

Among the steps completed this year include the creation of a list of foreign fisheries, which was produced in March. The document, considered the first of its kind, evaluated nearly 3,300 fisheries operating in nearly 140 countries. Those fisheries were rated by the frequency and likelihood of whether marine mammals suffered serious injuries or were killed in the process of harvesting fish or other seafood products.

Read the full story at Seafood Source

 

Lobster industry blasts proposed regulations intended to protect whales

October 5, 2018 — Maine officials and members of the state’s lobster industry are blasting a new federal report on the endangered right whale, claiming it uses old science to unfairly target the fishery for restrictions.

The Maine Department of Marine Resources, the agency that regulates the $434 million lobster fishery, and the Maine Lobstermen’s Association, the trade group representing Maine’s 4,500 active commercial lobstermen, question the scientific merits of the report from the Northeast Fisheries Science Center, which was issued in advance of next week’s meeting of a federal right whale protection advisory team.

“They’re painting a big target on the back of the Maine lobster industry, but the picture isn’t based on the best available science,” DMR Commissioner Patrick Keliher said Thursday. “If we use the wrong starting point, and that’s what this report is, the wrong starting point, what kind of regulations will we end up with? Ones that could end up hurting the lobster industry for no reason and won’t do much to help the right whales. That is unfair.”

Read the full story at Portland Press Herald

 

Humpback whale sightings around Hawaii declining

October 1, 2018 — Whale researchers are spotting a trend in the Hawaiian Islands — a decline in humpback whale sightings.

Not only are there fewer sightings, fewer male Hawaiian humpback whales have been recorded singing, and the number of mother-calf pairs has been diminishing for the past three seasons, according to the researchers. While the trend has been consistent over the past three years, the scientists refrained from sounding an alarm about the whales disappearing as a new season is around the corner.

“They’re not all gone,” said Ed Lyman, who is with the Hawaiian Islands Humpback Whale National Marine Sanctuary. “We are seeing indications of fewer whales near the islands where our effort is … There are still plenty of whales out there.”

The peak of the season is usually between January and March, when thousands of humpback whales migrate from Alaska to Hawaii to mate, calve and nurse their young, although they can be spotted in November or earlier, and stay as late as May.

Lyman, a researcher and the sanctuary’s whale entanglement response coordinator, said for him, the first signs of the decline were in late December 2015.

That’s when he got calls from whale-watching tour operators on Hawaii island, inquiring about their late arrival. Lyman reached out to tour operators on other islands, as well, and found them saying the same thing — the whales were late, and there were fewer sightings. He got the same reports from contacts in Mexico.

Read the full story at the Honolulu Star-Advertiser

 

NOAA Memorandum on Whales Lays Basis for Much Stricter Regulation of Trap Fisheries

September 28, 2018 — SEAFOOD NEWS — A recent technical memorandum from NOAA on right whale recovery in 2018 could push the agency to require new limits on trap fishing technology.

In short, the memorandum says that the measures adopted to reduce the number of rope lines in the water have backfired.

Although the number of lines to individual buoys have been reduced, the remaining trawl strings have more traps and stronger rope.

The result is that whales are suffering more for entanglements than they were before the new rules were introduced.

The memorandum says that “stronger rope contributed to an increase in the severity of entanglements.”

“Knowlton et al.(2012) showed that nearly 85% of right whales have been entangled in fishing gear at least once, 59% at least twice, and 26% of the regularly seen animals are entangled annually. These findings represent a continued increase in the percentage of whales encountering and entangling in gear, which grew from to 61.5% in 1995 (Hamilton et al. 1998), to 75.6% in 2002.”

“Rough estimates are that approximately 622,000 vertical lines are deployed from fishing gear in U.S. waters from Georgia to the Gulf of Maine. Notably until spring of 2018, very few protections for right whales were in place in Canadian waters. In comparison to recent decades, more right whales now spend significantly more time in more northern waters and swim through extensive pot fishery zones around Nova Scotia and into the Canadian Gulf of St. Lawrence (Daoust et al. 2018).

Taken together, these fisheries exceed an estimated 1 million vertical lines (100,000 km) deployed throughout right whale migratory routes, calving, and foraging areas.”

“Each vertical line out there has some potential to cause an entanglement. With a 26% annual entanglement rate in a population of just over 400 animals, this translates to about 100 entanglements per year.”

The problem is that sub-lethal entanglements can impact the reproductive success of the population.

“While serious injuries represent 1.2% of all entanglements, there are often sublethal costs to less severe entanglements. Should an entanglement occur but the female somehow disentangles and recovers, it still has the potential to reset the clock for this “capital” breeder. She now has to spend several years acquiring sufficient resources to get pregnant and carry a calf to term, the probability of a subsequent entanglement is fairly high, and this will create a negative feedback loop over time, where the interval between calving becomes longer. This is certainly a contributing factor in the longer calving interval for females, which has now grown from 4 to 10 years.

The implication of this technical report is that substantial reductions in entanglements will be necessary if the long term decline in the population is to be reversed, and under the endangered species act, NOAA will be required to evaluate any actions that increase harm or fail to mitigate harm to the right whale population.

This story originally appeared on Seafood News, it is republished here with permission.

 

How Whale Poop Could Counter Calls to Resume Commercial Hunting

August 29, 2018 — Before whales dive into the darkness of the deep ocean they often come to the surface and release a huge plume of fecal matter—which can be the color of over-steeped green tea or a bright orange sunset. When Joe Roman, a conservation biologist at the University of Vermont, saw one of these spectacular dumps in the mid-1990s, he got to wondering: “Is it ecologically important? Or is it a fart in a hurricane?”

Roman and other researchers have since shown whale excrement provides key nutrients that fuel the marine food chain, and that it also contributes to the ocean carbon cycle. These important roles are now influencing scientific and economic arguments for protecting whales, at a time when calls for a resumption of whaling are growing. “The scientific community is coming to understand a new value of whales: their role in maintaining healthy and productive oceans,” says Sue Fisher, a marine wildlife consultant at the nonprofit Animal Welfare Institute. “We are beginning to see governments use this rationale to justify measures to protect whales.” But as the International Whaling Commission (IWC) prepares for its biennial meeting next month, the ecological services whales provide are set to split the gathered countries—with an unknown outcome for the whales.

Whale poop’s importance is nothing to sniff at. In a 2010 study Roman’s team found whale defecation brings 23,000 metric tons of nitrogen to the surface each year in the Gulf of Maine—more than all the rivers that empty into the gulf combined. This nitrogen fertilizes the sea by sustaining microscopic plants that feed animal plankton, which in turn feeds fish and other animals including the whales themselves. Studies have found similar effects elsewhere, and with other nutrients found in whale feces. And when they migrate, whales also redistribute nutrients around the globe. By moving them from higher latitudes, Roman says, the giant mammals could be increasing productivity in some tropical waters by 15 percent.

By stimulating the growth of microscopic plants called phytoplankton, whale scat may also help limit climate change. These tiny aquatic plants remove carbon from the atmosphere and carry it deep into the ocean when they die. Research in the Southern Ocean showed the iron defecated each year by some 12,000 resident sperm whales feeds phytoplankton that store 240,000 more metric tons of carbon in the deep ocean than the whales exhale. This means that, on balance, whales help lock carbon away.

Read the full story at the Scientific American

 

MARK HELVEY: Protect California’s Drift Gillnet Fishery

August 24, 2018 — WASHINGTON — California’s drift gillnet (DGN) fishery has come under attack in recent months. One of the most prominent media attacks was a July Los Angeles Times editorial “Dead dolphins, whales and sea turtles aren’t acceptable collateral damage for swordfishing,” which irresponsibly called for the shut down of the fishery. Like many similar critiques, it overlooked the ways DGN fishermen have worked to reduce bycatch and the unintended consequences of shutting down the fishery.

It is first important to note that the DGN fishery operates legally subject to all bycatch minimization requirements in federal law. This includes not just the Magnuson-Stevens Act—the primary federal fishing law—but also the Marine Mammal Protection Act and the Endangered Species Act (ESA). These statutes are precautionary and conservation-minded, and help make U.S. fisheries some of the most environmentally conscious and best managed in the world.

DGN fishermen have collaborated extensively with NOAA’s National Marine Fisheries Service over the years to further reduce bycatch. Since 1990, the fishery has operated an observer program to effectively monitor bycatch. It has deployed devices such as acoustic pingers to ward off marine mammals from fishing gear, has established the Pacific Offshore Cetacean Take Reduction Plan to further reduce marine mammal interactions, and has implemented time/area closures to reduce interactions with endangered sea turtles.

These measures have led to significant progress in reducing bycatch. For example, no ESA-listed marine mammals have been observed caught in the DGN fishery since the 2010-2011 fishing season and no listed sea turtles since the 2012-2013 season.

As mentioned in the Times editorial, there is indeed good news from fisheries deploying new, experimental deep-set buoy gear. But it is just that – experimental, and it is still unclear whether it will become economically viable. And while fishermen hope that it does, the volumes produced won’t make a dent in the over 80 percent of the 20,000 metric tons of swordfish consumed annually in the U.S. that comes from foreign fisheries.

Often missing from the discussion of the drift gillnet fishery is that most foreign fisheries are far less regulated and are much more environmentally harmful than any U.S. fishery. Should the U.S. DGN fishery be shut down, it will only further increase our reliance on this imported seafood. All U.S. fishermen abide by the highest levels of environmental oversight relative to their foreign counterparts, meaning that U.S. caught seafood comes at a fraction of the ecosystem impacts occurring abroad.

Californians need to understand this and help protect U.S. fisheries that are striving to do things the right way. California’s DGN fishermen provide seafood consumers with a local source of sustainably-caught, premium quality swordfish. We should thank them by keeping them on the water.

Mark Helvey had a 30-year career with NOAA’s National Marine Fisheries Service (NMFS) before retiring in 2015.  He served as the last Assistant Regional Administrator for Sustainable Fisheries with the NMFS Southwest Region in Long Beach, representing the agency on fishery conservation and management for highly migratory and coastal pelagic species on the west coast.

 

Scientists and fishermen team up to help save North Atlantic right whale

August 23, 2018 — Whale researchers and fishermen are out at sea together on a two-week mission, combining efforts to help save the endangered north Atlantic right whale.

These two worlds have usually stayed far apart, but for the first time scientists are onboard a crab boat to do their field work.

It’s been a controversial fishing season in northern New Brunswick.

Whale protection efforts caused many fishing areas in the Gulf of St. Lawrence to be closed off, angering fishermen who saw it as an attack on their livelihood — some even taking to protest.

Crab fisherman Martin Noel, captain of the Jean-Denis Martin boat in Shippagan, agreed to take scientists out in the gulf to help them carry out their research this year.

“We don’t want to be called whale killers,” Noel said. “We want to be called fishermen that are implicated in the solution.”

All season, fishermen begged Ottawa to involve them in fisheries management. They felt the federal government was imposing overly strict measures without consultation with industry.

Read the full story at CBC News

 

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