Saving Seafood

Western Pacific Council Urges NMFS Use New Model for Swordfish Fishery; Reference Point for Albacore

November 4, 2019 — SEAFOOD NEWS — The Western Pacific Regional Fishery Management Council discussed changes related to the interaction of sea turtles in the swordfish fishery and the South Pacific albacore fishery when it met in American Samoa last week. Both require the National Marine Fisheries Service to agree with Council’s action to move forward.

The Council urged NMFS, on the Hawaii deep-set longline fishery consultation under the Endangered Species Act (ESA) consider all anticipated scientific information in the biological opinion. This should include the new model developed by the Pacific Islands Fisheries Science Center that evaluates the impacts of fishery interactions on the North Pacific loggerhead and Western Pacific leatherback sea turtle populations.

The Council’s Scientific and Statistical Committee, prior to last week’s Council meeting, endorsed the new model as best scientific information available for evaluating the fisheries’ impacts. The results of the model for the shallow-set (swordfish) longline fishery showed no discernible impact of the fishery’s interactions on the population trend of loggerhead turtles over the next 100 years. For leatherbacks, it showed a small change in the long-term population trend, indicating that the population impact from the fishery would occur five years earlier at the end of the 100-year period.

The NMFS scientist noted the primary impacts to the leatherback population include directed fisheries and nesting predation where the turtles nest in Indonesia and Papua New Guinea.

The Council also urged NMFS to apply the model to the Hawai’i deep-set (tuna) and American Samoa longline fisheries so they may be considered in the ongoing consultations. It also recommended NMFS work with the Council to develop only necessary sea turtle protection measures under the ongoing consultations for the Hawai’i deep-set and American Samoa longline fisheries that are appropriate and practicable and ensure the sustainability of the fisheries.

Additionally, the Council will work with NMFS to evaluate the impact of any management actions for reducing turtle interactions on the economic performance and socioeconomic effects of the shallow-set and deep-set longline fisheries, including consideration of the effect on protected species being transferred to foreign fisheries should the U.S. longline fishery close.

Regarding South Pacific albacore tuna, the Council requested NMFS compile and evaluate the catches of albacore from Chinese-flagged longline vessels operating in the southwest Pacific and compare them to the catches and performance of the American Samoa longline fleet.

The Council also wanted to move forward on creating a reference point for South Pacific albacore. It requested NMFS and the U.S. delegation to the Western and Central Pacific Fisheries Commission work with other international delegations to develop the reference point. It should include the catch per unit effort of small island developing states and participating territories to reach historical levels, in addition to a biomass target reference point.

Furthermore, they should also work with other international delegations to develop:

a) a harvest plan for South Pacific albacore to achieve its target reference points “soonest” and under 20 years; and

b) an allocation scheme for countries and cooperating members in which small island developing states and participating territories are exempt from annual catch reductions to reach the target reference point or that they can maintain catches commensurate with historical optimal levels. The allocation scheme must take into consideration charter arrangements and allocations should be accounted by fishing vessel registry, such that conservation benefits are not undermined.

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

Maine lobster group re-engages with NOAA whale protection effort

October 31, 2019 — A lobster industry group in the US state of Maine has re-engaged with a federal government process to reduce risks to endangered right whales, The Center Square reported.

The Maine Lobstermen’s Association (MLA) said that it was encouraged by recent actions by the National Oceanic and Atmospheric Association’s (NOAA) National Marine Fisheries Service to address the group’s concerns regarding the agency’s Take Reduction Team (TRT) process to protect right whales.

“MLA is pleased that NOAA has taken our concerns seriously,” the group said. “MLA continues to work diligently with our members and in close collaboration with Maine’s Department of Marine Resources to identify management approaches that are both effective in minimizing risk to whales and proportionate to the risk from Maine fishery gear,” the MLA said.

Read the full story at Undercurrent News

In Court Ruling on Right Whales, Good News for Scallop Fishery

October 30, 2019 — The following was released by the Fisheries Survival Fund:

A federal district court has ruled this week that the National Marine Fisheries Service (NMFS) violated both the Endangered Species Act and Magnuson-Stevens Act in allowing gillnet fishing in areas frequented by right whales. While the Fisheries Survival Fund (FSF) was a Defendant-Intervenor in the case, the ruling contains good news for the scallop fishery.

At issue are provisions in Omnibus Habitat Amendment 2 (OHA2), which updated the network of closed areas and habitat protections off the coast of New England. The suit, filed by the Conservation Law Foundation and Earthjustice, alleges that OHA2 put right whales at risk by opening offshore areas near Nantucket to commercial fishing.

While the U.S. District Court for the District of Columbia ruled that allowing gillnet fishing in these areas did have the potential to harm right whales, and thus violated the Endangered Species Act, the Court’s ruling does not affect the scallop fishery, which will continue to be allowed to operate in these areas.

Specifically, the Court noted, “because Plaintiff’s summary-judgment motion does not contest the Habitat Amendment’s changes to the Scallop [Fishery Management Plan], Defendant-Intervenor Fisheries Survival Fund’s arguments, which relate only to that fishery, are rendered moot.”

This means that while the Court acted to prevent gillnet fishing in the newly opened areas, it did not overturn OHA2, nor did it stop scallop fishing in these areas. This is consistent with FSF’s long-standing position in the case, which is that the scallop fishery is not a threat to right whales, and that scallop fishing is not impacting right whale conservation.

Read the full opinion here.

Read the full order here.

Federal judge renews ban on gillnet fishing in Nantucket area to protect whales

October 30, 2019 — A federal judge in Washington, DC, on Monday ruled that the US’ National Marine Fisheries Service (NMFS) violated the Endangered Species Act, Magnuson Stevens Act, and other federal laws when it removed a roughly 20-year-old ban last year on gillnet fishing within a 3,000 square mile area south and east of the Massachusetts island Nantucket.

US District Court judge James Boasberg has renewed the ban in order to protect North Atlantic right whales, the Boston Globe reports. He said, in his 32-page ruling, that his decision was “not a close call” and quoted Herman Melville’s “Moby Dick”.

“Demonstrating that ‘there is no folly of the beasts of the earth which is not infinitely outdone by the madness of men’ … humans have brought the North Atlantic right whale to the brink of extinction,” he wrote.

Boasberg’s ruling does not apply to the scallop industry, which will be allowed to continue using its dredging equipment in the area, as it has not been found to harm the marine mammals.

Read the full story at Undercurrent News

Federal judge requires fishing areas off Nantucket closed to protect right whales

October 29, 2019 — In a ruling that could create greater protections for North Atlantic right whales, a federal judge ruled Monday that the National Marine Fisheries Service violated the Endangered Species Act and other federal laws when it made the controversial decision last year to reopen long-closed fishing grounds off Nantucket.

The ruling, which was a major victory for conservation groups, requires the agency to renew the ban on gillnet fishing in about 3,000 square miles of water south and east of Nantucket. Gillnets, walls of netting that rise vertically in the ocean to catch many fish at a time, present a major risk to right whales, whose numbers have plummeted by about 20 percent since 2010. Scientists say there are fewer than 400 left, and the main threat to their survival has been entanglements in fishing gear.

Boasberg’s ruling, however, does not apply to the scallop industry, which has been allowed to fish in the area. The lawsuit did not contest the right of scallopers to use their dredging equipment in the area, as they have not been found to harm the marine mammals.

“It reaffirms that the scallop industry is not at issue with regards to right whale conservation,” said Drew Minkiewicz, an attorney at the Fisheries Survival Fund in Washington, D.C., which represents the scallop industry.

Read the full story at The Boston Globe

Bill Monroe: Oregon seeking expanded sea lion controls following success of steelhead protections at Willamette Falls, Bonneville Dam

October 28, 2019 — Having fended off the threat of extinction of wild winter steelhead over Willamette Falls, Oregon biologists are now joining counterparts in Washington, Idaho and Native American tribes to expand that success.

Tuesday is the deadline set by the National Marine Fisheries Service for comments on a state and tribal proposal to reduce protections for both California and Steller sea lions in the Columbia river and its tributaries.

Changes in federal rules to streamline the control of sea lions have been approved by congress, but the states and tribes must still apply for authorization.

Current permits only allow the capture and killing of specific California sea lions at either Willamette Falls or Bonneville Dam.

The new proposal calls for the lethal take and euthanization of both California and Steller sea lions from anywhere in the Columbia River between the Interstate 205 bridge upriver to McNary Dam and from any lower Columbia tributaries such as the Willamette, Cowlitz and Lewis rivers. While there are no known sea lions upriver from The Dalles Dam (and only rumors of one between there and Bonneville), the area brings key fishing areas into the fold for six Native American tribes.

Read the full story at The Oregonian

ALASKA: Petersburg assembly to ask for hearing on humpback whale critical habitat

October 25, 2019 — Petersburg’s borough assembly Monday voted to seek a hearing in the Southeast Alaska community for proposed habitat protection for some of the humpback whales that frequent the region.

The National Marine Fisheries Service published a federal register notice Oct. 9 for a proposed rule to designate critical habitat for some populations of humpback whales. Those include whales listed as threatened that winter in Mexico and spend part of their year in Southeast Alaska.

Assembly member Bob Lynn thought the rule could have wide impacts starting with crabbers and gillnetters.

“I really do believe we need to have a meeting in Petersburg, let them describe what effects that has on our population,” Lynn said. “I’m very adamant we need to do that because it’s not very specific. But it also affects power lines, it affects a lot of our businesses here in town in addition, like our fishery processors and a few other folks too.”

The mayor and assembly were in agreement on this topic. Assembly member Jeff Meucci also wanted to request a hearing here.

Read the full story at Alaska Public Media

MAINE: DMR’s answer to whale rules focus offshore

October 24, 2019 — As the battle over how best to protect endangered northern right whales continues to escalate, the Department of Marine Resources is proposing a new set of requirements for lobster gear that the department believes will help reduce injury to the whales without imposing severe, and some say dangerous, restrictions on fishermen.

Last week, DMR Commissioner Patrick Keliher announced that after “rigorous scientific analysis,” the department had come up with a new draft plan to address “both the risk to right whales and concerns of fishermen” that is “in keeping with the real risk the Maine fishery presents.”

Last March, the National Marine Fisheries Service announced that the risk of injuries to right whales in the Gulf of Maine had to be reduced by at least 60 percent.

To meet that goal, a group of fishermen, scientists and conservation group representatives known as the Atlantic Large Whale Take Reduction Team recommended that NMFS require Maine lobstermen to reduce the number of vertical lines used to connect their traps to the surface marker buoys by 50 percent.

The NMFS proposal was based on a scientific model that ostensibly showed the restrictions to be necessary to meet the 60 percent risk reduction goal.

Read the full story at the Mount Desert-Islander

MAINE: DMR floats new gear regs to protect whales

October 23, 2019 — As the battle over how best to protect endangered northern right whales continues to escalate, the Department of Marine Resources is proposing a new set of requirements for lobster gear that the department believes will help reduce injury to the whales without imposing severe, and some say dangerous, restrictions on fishermen.

Last week, DMR Commissioner Patrick Keliher announced that after “rigorous scientific analysis,” the department had come up with a new draft plan to address “both the risk to right whales and concerns of fishermen” that is “in keeping with the real risk the Maine fishery presents.”

Last March, the National Marine Fisheries Service announced that the risk of injuries to right whales in the Gulf of Maine had to be reduced by at least 60 percent.

To meet that goal, a group of fishermen, scientists and conservation group representatives known as the Atlantic Large Whale Take Reduction Team recommended that NMFS require Maine lobstermen to reduce the number of vertical lines used to connect their traps to the surface marker buoys by 50 percent.

The NMFS proposal was based on a scientific model that ostensibly showed the restrictions to be necessary to meet the 60 percent risk reduction goal.

Read the full story at The Ellsworth American

Oyster growers agree to abandon quest to use controversial insecticide in Southwest Washington tidelands

October 22, 2019 — A Southwest Washington oyster growers association has abandoned a quest to use a controversial insecticide that combats burrowing shrimp, a creature that can make tidelands unfit for shellfish farming.

In a settlement reached last week, the Willapa Grays Harbor Growers Association agreed to accept a 2018 state Ecology Department denial of the proposed use of imidacloprid and drop an appeal to the state Pollution Control Hearings Board.

The growers wanted to use the insecticide to spray up to 500 annually of the more than 12,000 acres of tidelands used for shellfish cultivation in Willapa Bay and Grays Harbor. Without the spray, the growers say they lose productive tidelands to the shrimp, which churn up sediment and can cause oysters, as well as clams, to suffocate in the muck.

The proposed imidacloprid spraying was opposed by National Marine Fisheries Service because of risks to other marine life, and it triggered a public backlash led by some high-profile Seattle chefs.

Read the full story at The Seattle Times