Saving Seafood

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

 

D.B. Pleschner: Is court the right place to determine ‘best available science’?

February 12, 2018 — A U.S. District Court judge recently ruled that the federal government’s catch limit for California’s central stock of anchovy — currently 25,000 metric tons — is far too high.

But instead of weighing all the facts, the judge ignored them, shunned the established precedent of deference to federal agencies’ scientific determinations and instead endorsed the flawed arguments of the advocacy group Oceana.

So what happened?

It’s a well-accepted fact that the anchovy population on the West Coast has extreme natural variations in abundance, even without fishing. To account for these wild swings, scientists reduced the overfishing limit of 100,000 tons by 75 percent, setting the annual catch limit at 25,000 metric tons. The Pacific Fishery Management Council’s Science and Statistical Committee approved the numbers as “best available science” and the National Marine Fisheries Service agreed, recognizing that the anchovy resource ranges from peaks of more than two million tons to orders of magnitude lower and quickly jumps back up again.

In California, the anchovy fishery declined in the 1980s due to adverse market conditions and landings have averaged less than 10,000 tons a year ever since. But this fishery is still important because it keeps the local fleet on the water and processing plant doors open when no other fish are available.

Regardless, environmentalists began lobbying the council in 2015 to curtail California’s anchovy catch limit after one advocacy group funded a new research paper that reassessed the basis for anchovy management — a 1991 study based on egg and larval data that represented long-term average biomass abundance, not a single-year stock assessment. Because the reassessment had virtually no adult anchovy biological data from recent years to correlate, the authors had to make assumptions. They concluded that the anchovy population had collapsed, with current biomass estimated at only about 15,000 tons coast-wide.

But other scientists challenged the findings, in part because the new estimate excluded Mexico where a substantial portion of the stock resides, and it also omitted nearshore waters where fishermen were reporting masses of anchovy.

Richard Parrish, retired from NMFS after decades of experience with anchovy, critiqued the paper and stated, “The biomass estimates in the paper cannot be used to estimate the 2016 biomass of the northern stock of anchovy…” He continued, “Clearly, with northern anchovy a five-year-old biomass estimate is not significantly better at estimating current biomass than a 25-year-old biomass estimate.” That statement was included in the Administrative Record (AR) for the Oceana lawsuit, but the judge ignored it.

In 2016, the council sponsored a data-poor workshop where internationally recognized scientists reviewed the new egg-larval analysis along with other available data and also rejected the study’s findings. As one member said, “The estimate did not pass the straight face test.”

Here’s why: the new assessment did not consider anchovy fishery landings, which in 2015 totaled about 64,000 tons, only 17,000 tons in California (still under the 25,000 ton catch limit) and the rest from Mexico. As Parrish pointed out, “Clearly, the absolute minimum biomass estimate for 2015, assuming that the fishery caught every last anchovy in the population, would be 64,114 tons. If fishermen took 50 percent of the biomass, based on recorded landings, the estimate would be 128,000 tons and if they took only 20 percent of the biomass, the estimate would be 320,000 tons, massively above the study’s assertions.”

Read the full opinion piece at the Santa Cruz Sentinel 

 

Local group seeks lawsuit to aid right whales

February 9, 2018 — After a year of major losses for North Atlantic right whales, a local environmental advocacy group filed a federal lawsuit against the National Marine Fisheries Service Thursday, arguing that the agency should do more to protect the critically endangered mammals.

Over the past year, 18 right whales have died — a grave blow to a species with only about 450 left in the world. Scientists fear they’re not reproducing fast enough and could face extinction as soon as 2040.

In response, federal regulators declared an “unusual mortality event,” triggering an investigation into the deaths and bringing more resources to protect the whales.

But lawyers at the Conservation Law Foundation in Boston, which filed the suit, argued that the agency should be doing more.

“Regulators are not just morally mandated to act . . . they are also legally required to ensure fishing efforts do not cause harm to these animals,” said Emily Green, an attorney at the foundation.

Green noted that the vast majority of right whale deaths have been attributed to entanglements in fishing gear, especially the lines that connect surface buoys to lobster traps.

“Tragically, chronic entanglement is a source of extreme stress, pain, and suffering for right whales, and can interfere with eating, moving, and reproducing,” Green said. “And we know that entanglement can cause long-term adverse health impacts, even for whales that manage to escape the ropes.”

Officials at the National Marine Fisheries Service declined to comment.

Read the full story at the Boston Globe

 

Network seeks to bring together data on harmful algal blooms

February 6, 2018 — A group of scientists is coming together to share information related to harmful algal blooms in Alaska.

Under the umbrella of the Alaska Ocean Observation System, part of the national ocean observation system network, a partnership of state agencies, Alaska Native organizations and the University of Alaska has launched the Alaska Harmful Algal Bloom Network. The intent is to stitch together a statewide approach to researching, monitoring, responding to and spreading information about harmful algal blooms in the state.

Algal blooms are natural processes in the ocean and occur when the population of algae in a certain area increases dramatically. However, they can turn toxic when certain types of algae proliferate and produce chemicals that can be harmful to other plants, animals and people, or consume all the oxygen in the water as they decay. The events, called harmful algal blooms, occur all over the planet, in both freshwater and the ocean, according to the National Oceanic and Atmospheric Administration.

“Over the last 10 years, we’ve been seeing more and more of these bloom events happening,” said Ginny Eckert, a professor at the University of Alaska Fairbanks in Juneau and co-chair of the Alaska Harmful Algal Bloom Network’s executive committee. “It’s always a question: Are we seeing more because we’re paying attention more? But … the more information we can get out to people, (the better).”

Harmful algal blooms can have devastating consequences. In 2014, nearly 500,000 Ohio residents had to go without clean drinking water because of harmful algal blooms near a water treatment plant in Lake Erie. A harmful algal bloom in a lake that flowed into the ocean near Monterey Bay, California in 2007 is thought to have killed 11 sea otters with infections of microcystin, according to the Centers for Disease Control and Prevention. Every year in Alaska, a number of alerts go out to shellfish gatherers to be careful because some of the clams, oysters and mussels may have high levels of a toxin that causes paralytic shellfish poisoning, a fatal condition in humans.

Read the full at the Peninsula Clarion

 

Gulf Council recommends new pilots to test state management of recreational red snapper fishing

February 6, 2018 — The Gulf of Mexico Fishery Management Council has recommended that the National Marine Fisheries Service (NMFS) approve pilots for all five Gulf States to test state management of recreational fishing for red snapper. The Council’s approval of the pilots, known as Exempted Fishing Permits or EFPs, came with the caveat that the decision by some states to include their federal charter/for-hire vessels (and the corresponding quota allocations that are associated with them) not result in shrinking the federal charter season for the rest of the states.

The following is a statement from Matt Tinning, Senior Director of Environmental Defense Fund’s US Oceans Program:

“EDF has long called for innovations in the way we manage recreational fishing in the Gulf of Mexico, and we applaud those who are considering new approaches. We support this two-year opportunity for the states to show that they can manage their private red snapper anglers under the conservation tenets of the Magnuson-Stevens Act.

“It is important that federal charter boats who do not wish to participate are treated fairly. These captains have worked for years to stabilize their seasons and are now close to finishing development of new federal fishery management plans.

Read the full story at the Orlando Political Observer

 

Deep-sea coral habitat south of Cape slated for protection

February 6, 2018 — The New England Fishery Management Council voted last week to protect deep-sea coral from the effects of fishing across a large stretch of ocean located about 100 miles south of Nantucket.

“The main reason why the council wanted to take this action and protect them from fishing is they are long-lived and very sensitive to disturbance. They can easily be broken and take a long time to recover,” said Michelle Bachman, who works for the council and is the group’s habitat plan development committee chairwoman. “We know they have a special ecological connection to other species like invertebrates and fish.”

Once approved by the National Marine Fisheries Service, the 25,153 square miles of ocean will join a 38,000-square-mile coral protection area off the Mid-Atlantic, and another protected area off the Southeastern U.S. covering, in total, nearly 100,000 square miles of the Atlantic continental shelf ecosystem.

Deep sea corals are found all over the world at depths of between around 130 to 10,000 feet. Most occur at between 1,000 and 2,600 feet, according to what Florida State University researcher Sandra Brooke told The Pew Charitable Trusts. They exist in a twilight – sometimes pitch black – world where photosynthesis isn’t possible. Northern coral don’t form reef structures, but include individual “plants,” fans, trees, that can be brightly colored, 10 feet across and live hundreds to thousands of years, growing slowly.

“Although the council could have chosen stronger protections, the measure marks a major expansion of coral habitat shielded from dredging and dragging,” said Peter Baker, who directs ocean conservation efforts in the Northeast for The Pew Charitable Trusts.

Few fishermen set pots or tow nets or dredges where coral live on the steep canyon walls that descend from the table top of Georges Bank, but even an accidental jostling by a lobster or crab pot or line or a misplaced tow could cause irrevocable damage. Fishermen told the council they didn’t tow gear below 1,600 feet; the measure protected coral below the 2,000-foot contour established by the New England council last week. The lone exemption was for the red crab fishery, which has relatively few participants, said Bachman.

Read the full story at the Cape Cod Times

 

North Carolina: Cooper Warns Zinke of Lawsuit Over Drilling

February 6, 2018 — RALEIGH, N.C. — The federal government and Gov. Roy Cooper’s administration remain on course for a legal battle over the push to open the East Coast to offshore oil and gas exploration and drilling.

After a weekend meeting with Secretary of the Interior Ryan Zinke, Cooper said he had reiterated his request for an exemption similar to one given to Florida, telling Zinke the state would sue if the Trump administration moves ahead with oil and gas exploration off North Carolina’s coast. Cooper also called on residents to get involved and keep up the fight.

“I call on the citizens of North Carolina to be loud about this issue,” Cooper said during a press conference after the Saturday morning session with Zinke.

Cooper was joined in the discussion at the executive mansion in Raleigh by representatives of the coastal region, who he said conveyed concerns to Zinke about the potential risks to the coast’s unique environment and an economy based on tourism and fisheries.

“I think he heard loud and clear from a cross section of North Carolina that we do not want offshore oil and gas drilling off the coast of North Carolina,” Cooper said. “We’ve been saying since this summer ‘no way, not off our coast.’”

On Friday, Zinke met with South Carolina Gov. Henry McMaster, who also asked for an exemption to the proposed leasing program. Since the announcement last summer that Atlantic Coast waters would be reopened to oil and gas leasing, states have been lining up to seek exemptions. The pressure grew in January when Zinke granted Florida an exemption on the grounds that the state’s economy was too heavily dependent on coastal tourism.

Cooper said North Carolina deserves the same exemption extended to Florida and said the state would take the federal government to court if it is not granted.

State Attorney General Josh Stein, who also attended the meeting, said Zinke told the group every governor on the East Coast is opposed to the program. Stein echoed the governor’s threat.

“If we are unsuccessful in convincing the secretary to exempt North Carolina from this offshore drilling program, we will take him to court to protect our coast, our coastal economy and our people,” Stein said.

Cooper also asked for the comment period on the Trump administration’s proposed five-year plan announced Jan. 4 that would open almost all U.S. offshore waters to seismic exploration and drilling for oil and natural gas to be open for an additional 60 days and that public hearings in Wilmington, Morehead City and Kill Devil Hills be added to the schedule. The only public meeting planned in North Carolina is set for Feb. 26 in Raleigh as an “open house” information session, not a public hearing.

“He seemed receptive to that,” Cooper said of the request.

Joining Cooper and Stein for the meeting with Zinke were Department of Environment Quality Secretary Michael Regan; Coastal Resources Commission Chair Renee Cahoon; Stan Riggs, coastal and marine geologist at East Carolina University; Nags Head Mayor Pro Tem Susie Walters; Atlantic Beach Mayor Trace Cooper; Dare County Commission chair Bob Woodard; New Hanover County Commissioner Rob Zapple; Tom Kies, president of Carteret County Chamber of Commerce; and Capt. Dave Timpy, a retired Army Corps of Engineers specialist in coastal engineering who runs a charter fishing business in Wilmington.

Read the full story at Coastal Review Online

 

Scott Pruitt pushes back on finding that would restrict pesticides’ use to protect fish

February 5, 2018 — For months, chemical companies have waged a campaign to reverse findings by federal fisheries scientists that could curb the use of pesticides based on the threat they pose to endangered species. They scored a major victory this week, when Environmental Protection Agency Administrator Scott Pruitt announced he would press another federal agency to revisit a recent opinion triggering such restrictions.

The struggle over an arcane provision of the Endangered Species Act, in which the EPA must affirm that the pesticides it oversees do not put species’ survival in jeopardy, has become the latest front in the battle over a broad-spectrum insecticide known as chlorpyrifos. Pruitt denied a petition to ban its agricultural use after questioning EPA scientists’ conclusions that exposure impedes brain development in infants and fetuses.

Speaking to the National Association of State Departments of Agriculture on Wednesday, Pruitt said he plans to inform the National Oceanic and Atmospheric Administration’s Marine Fisheries Service “that there needs to be a consultation because we have usage data, frankly, that wasn’t considered.”

NOAA Fisheries issued a Biological Opinion on Dec. 29, which was publicly released Jan. 9 by the environmental law firm Earthjustice, finding that the current use of chlorpyrifos and malathion “is likely to jeopardize the continued existence” of 38 species of salmon and other fish in the Pacific Northwest and destroy or harm the designated critical habitat of 37 of those species. It found another pesticide, diazinon, could jeopardize the continued existence of 25 listed fish species and could harm critical habitat for 18 of them.

In allowing chlorpyrifos to stay on the market — the product is already prohibited for household products — Pruitt cited concerns raised by the Department of Agriculture, pesticide industry groups and an EPA scientific review panel about studies the agency used to conclude that the pesticide poses a serious enough neurological risk to ban its use on dozens of crops. One study, by researchers at Columbia University, found a connection between higher exposure levels to chlorpyrifos and learning and memory problems among farmworkers and children.

Read the full story at the Washington Post

 

Hope, but no calves, spotted as right whales return to Georgia waters

February 5, 2018 — They call her Halo — the right whale was born to another documented calving female, Loligo, in 2005, and was last seen in 2016. That was until staff with the Sea to Shore Alliance spotted her Wednesday near Little St. Simons Island. She, and her companion, are the first right whales seen off the coast of Georgia this calving season, which typically is from November to April.

“There was an adult female spotted that has had calved before — or has had a calf before — and so we’re hoping that she’s pregnant and we’ll have a calf in the upcoming days or weeks,” said Clay George, who heads up the state Department of Natural Resources’ right whale efforts. “There was another whale seen with her that was large and appeared to be an adult or a juvenile, but it was not a calf that was born this year. So, we are hoping that perhaps it was also an adult female and may be pregnant also.”

There has also been action in the Gulf of Mexico this year.

“My understanding, from talking to colleagues that work for the state of Florida, that at least two of the sightings (in the gulf) have been confirmed to be a right whale, and the photos suggest that it may have been the same individual whale was seen in both locations, and if so, it appears to be a 1-year-old whale that was born last year,” George said. “So, those three whales are the only whales that have been seen south of Cape Hatteras, N.C.”

There is more than a little amount of worry among whale researchers and experts that the world could be watching the extinction of right whales, considering births are not keeping up with deaths — especially with human-influenced mortality from whales becoming entangled in heavy fishing gear used for lobsters and snow crabs further north.

Read the full story at the Brunswick News

 

NEFMC Seeks Applicants for Fishery Dependent Data Working Group

February 5, 2018 — The following was released by the New England Fishery Management Council: 

The New England Fishery Management Council is soliciting applicants to serve on a working group that will explore the use of fishery dependent data to inform stock abundance.

WHAT’S INVOLVED:  The working group will have four primary tasks, which are to:

  • Explain how fishery dependent and independent data are used in stock assessments;
  • Summarize the theoretical utility and limitations of catch per unit effort (CPUE) or landings per unit effort (LPUE) as an index of abundance for Northeast multispecies (groundfish) stocks;
  • Identify the fishery factors and fishery dependent data needs to create a reliable CPUE; and
  • Perform a gap analysis that compares existing conditions to the desired factors.

While the group is expected to focus on CPUE/LPUE, other approaches may be identified as well.

WORKING GROUP RESPONSIBILITIES:  Working group members should expect to assist in documenting the group’s activities and drafting the subsequent report. A preliminary report will be prepared by June 2018.

WORKING GROUP COMPOSITION:  The Fishery Dependent Data Working Group will consist of the following 10 members:

  • Two industry members;
  • Six scientists;
  • One New England Council staff member; and
  • One National Marine Fisheries Service Greater Atlantic Regional Fisheries Office staff member.

Of the six scientists, two will be selected and appointed by the Council chair. Four will be identified by the Northeast Fisheries Science Center and appointed by the Council chair. Of those four, two will come from the science center itself and two from outside the center.

Learn more about the NEFMC by visiting their site here.