Saving Seafood

Judge orders new fisheries impact analysis on right whales, decides not to close fishery

September 10, 2020 — United States District Court Judge James Boasberg in Washington, D.C., handed down his remedy Aug. 19 to the National Marine Fisheries Services, which he ruled last spring had violated the Endangered Species Act in licensing the fisheries in the northeastern U.S.

He gave the NMFS until May 31, 2021, to conduct a new biological opinion on the fishing industry’s impacts on the endangered right whale species and measures to decrease whale deaths caused by the industry, vacating the previous biological opinion.

Earlier this year he found that the NMFS had failed to file an incidental take report in 2014 after discovering the vertical lines used in the fishing industry could be responsible for up to three whale deaths a year, which is more than the species can sustain, according to NMFS’ own calculations.

Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife and the Humane Society of the United States, the plaintiffs in the case, requested over 5,000 square miles south of Cape Cod, Massachusetts, where large numbers of whales congregate, be closed to vertical line fishing.

Intervenors in the case argued that closing off that area to fishing would place more nets outside its boundaries, creating a situation where lines are closer together, increasing entanglement risks for whales trying to reach the area considered for fishing closure.

The judge decided against the plaintiffs’ request because there is no legal precedent for such an action, he said in his opinion. He decided it would be too detrimental to the New England fishing industry that is already struggling because of the coronavirus.

Read the full story at Village Soup

NOAA to boaters: Watch out for right whales

September 2, 2020 — Federal fisheries regulators are asking mariners to either go slow or find a route around an area south of Nantucket where groups of right whales have recently been spotted as the endangered mammals migrate.

The National Oceanic and Atmospheric Administration said it established a “dynamic management area” south of Nantucket where “an aggregation of right whales” was seen on Monday. There are estimated to be fewer than 400 right whales remaining on Earth. Boaters are encouraged to slow their vessels to 10 knots or less or to avoid the area altogether.

Read the full story at The Boston Globe

Slow Speed Zone South of Nantucket to Protect Right Whales

September 1, 2020 — The following was released by NOAA Fisheries:

NOAA Fisheries announces a voluntary vessel speed restriction zone (Dynamic Management Area  or DMA) south of Nantucket.

This DMA was triggered based on an August 31, 2020, sighting of an aggregation of right whales.

Mariners, please go around this areas or go slow (10 knots or less) inside this area where groups of right whales have been sighted.

South of Nantucket DMA is in effect through September 15.

41 16 N
40 32 N
069 37 W
070 28 W

Read the full release here

NOAA allegedly halts scientific integrity probe on endangered whale conservation

August 27, 2020 — The National Oceanic and Atmospheric Administration (NOAA) has allegedly halted a probe into a case of possible political interference in conservation measures.

Advocacy group Democracy Forward said Wednesday that it was notified late last month that NOAA would pause its inquiry into alleged political interference in science regarding protections for the endangered North Atlantic right whale, and blasted the agency’s reasons for doing so.

NOAA launched a scientific integrity inquiry after Roll Call reported in March that protections for the whale species were weakened after they were reviewed by the agency’s “political team.”

Following that report, Democracy Forward requested an investigation. The group announced Wednesday that it was informed in April that NOAA’s Scientific Integrity Committee had launched an inquiry, a step that precedes an investigation, into the matter.

Read the full story at The Hill

Judge won’t close offshore lobster area; grants NMFS more time for whale analysis

August 21, 2020 — A federal judge granted the National Marine Fisheries Service a May 31, 2021 deadline to produce new biological opinion on the Northeast lobster fishery and northern right whale, following up on his earlier ruling that the agency had violated the Endangered Species Act with a 2014 opinion.

But in his new decision issued Monday, U.S. District Court Judge James E. Boasberg granted NMFS the nine-month grace period it had requested, rather than a Jan. 31, 2021 deadline sought by environmental groups that had sued the agency.

Boasberg also decided against ordering an immediate halt to the use of vertical lines for lobster gear in an area traversed by right whales south of Martha’s Vineyard and Nantucket – a ‘Southern New England Restricted Area,’ about the size of Connecticut, proposed by plaintiffs including the Center for Biological Diversity and Conservation Law Foundation.

In a 31-page memorandum of opinion, the District of Columbia judge laid out his reasoning, and recognized the difficulties NMFS faces in resolving the right whale issues. But he included a stern warning to the agency and to make progress.

Read the full story at National Fisherman

Court Ruling Gives Lobster Industry A Reprieve — And A Deadline

August 21, 2020 — A federal judge has ordered fishery managers to reanalyze the impact of the American lobster industry on endangered North Atlantic right whales, and issue a new rule for protecting the whales by May 31, 2021.

The judge did not, however, ban lobster fishing with vertical buoy lines in a right whale feeding area, as environmental advocates requested.

Part of Cape Cod Bay is already closed to lobster fishing in the late winter and early spring to protect right whales from getting tangled in fishing gear. But environmental groups — The Humane Society of the United States, Defenders of Wildlife, Conservation Law Foundation and the Center for Biological Diversity — wanted an additional area in southern New England closed immediately as well.

U.S. District Court Judge James E. Boasberg, who ruled on the matter this week, said a sudden closure “would disrupt fishermen’s current operations and their near-term plans.”

“The COVID-19 pandemic has gutted the market for lobster, cutting the price in half and pushing fishermen, most of whom are self-employed, to the economic brink,” Boasberg wrote in his ruling.

Read the full story at WBUR

Federal judge gives NOAA time to craft new whale rules

August 21, 2020 — A federal district court judge, in a decision issued on Aug. 19, gave the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS) nine more months to craft new rules to protect endangered right whales from entanglement in lobster fishing gear.

Judge James E. Boasberg also denied a request by conservation organizations for an immediate ban on lobster fishing in a vast area of the ocean south of Nantucket Island in Massachusetts.

In April, Boasberg ruled that NMFS violated the federal Endangered Species Act in 2014 when it adopted new rules governing the lobster fishery by failing to adequately consider the risk that endangered right whales could be seriously injured or killed if they become entangled in the vertical end lines that connect lobster traps on the sea floor to marker buoys on the surface. The judge vacated the NMFS “biological opinion” required by the Endangered Species Act, which supported continuation of the lobster fishery. Two weeks ago, the court heard arguments on what should be done to remedy the situation.

The conservation organizations that originally filed the lawsuit in 2018 asked the court to give NMFS a Jan. 31 deadline to adopt a new biological opinion and to order an immediate end to lobster fishing in a vast area of southern New England waters. NMFS and several intervenors representing various segments of the lobster industry in Maine and Massachusetts asked for the court to delay its order vacating the biological opinion until May 31, 2021.

Read the full story at The Ellsworth American

Judge: Lobstering can proceed until new right whale protections are finalized in May

August 20, 2020 — A federal judge refused to ban lobster fishing in a large right whale feeding ground south of Nantucket on Thursday, but warned federal regulators they would meet with considerable disfavor if they fail to meet a new May 2021 deadline to publish a final rule to protect this endangered species from deadly entanglement in lobster fishing gear.

The environmental groups suing the National Marine Fisheries Service said U.S. District Court Judge James Boasberg’s Thursday night ruling is important because it will force the federal government to move quickly to establish more right whale protections in the U.S. lobster industry. The groups claim federal regulators and lobstering states have been stalling.

“This order puts an end to that inaction, demanding that the government implement new protections that will help the right whale come back from the brink of extinction,” said attorney Jane Davenport of Defenders of Wildlife, one of the groups suing on behalf of the whale.

Read the full story at the Portland Press Herald

Lobstermen catch break on diesel engine standards

August 20, 2020 — Lobster fishermen are getting a temporary reprieve from federal diesel engine emissions standards because the cleaner running engines needed to power today’s bigger, faster fishing vessels farther and farther offshore have yet to hit the commercial market.

During a visit to Maine on Thursday, EPA Administrator Andrew Wheeler is expected to announce that lobster and pilot boat builders will have another two to four years to meet low particulate, low nitrogen oxide emissions standards written into the national marine diesel program in 2008. The cleanest engines were to be used in all new large lobster boats by 2017.

“This relief gives boat builders and operators flexibility to meet EPA standards during the next several years,” Wheeler said in a prepared statement. “The larger market for diesel engines can’t build new models quickly enough for marine users – putting these operators in potential violation of pollution rules through no fault of their own.”

Read the full story at the Portland Press Herald

The muddy waters of US ocean protection

August 18, 2020 — At the beginning of June, President Trump issued an executive order to open the Northeast Canyons and Seamounts National Monument to commercial fishing, chipping away at one of former President Obama’s last acts in office: the closure, in supposed perpetuity, of 5,000 square miles of ocean off the coast of Massachusetts.

The monument, straddling the edge of the continental shelf, is the only marine reserve on the Eastern Seaboard. The canyons and seamounts shelter 54 species of deep-sea corals and provide habitat to lobster, tuna, deep-diving beaked whales, and the now-critically endangered North Atlantic right whale.

“This would be the only place along the entire Eastern Seaboard that has no vertical lines for entangling marine mammals,” said Auster.

The Antiquities Act affords the president unilateral power to protect the ocean. Unlike conservation through restrictive management or multi-use sanctuaries, a national monument protects everything it encompasses.

It does not require a process of approval by stakeholders, which for sanctuaries can drag out for many years—time that is precious for ecosystems on the brink of collapse. That’s precisely why the Councils, while they haven’t taken a stance against the use of the Antiquities Act in the ocean, have lobbied to remove fishing restrictions from the marine national monuments, which together constitute more than 99 percent of all the highly protected marine habitat in the U.S. If there are going to be national monuments in the ocean, they argue, the fisheries within them should be managed with the same multi-stakeholder consensus that applies throughout the rest of federal waters.

“The ban on commercial fishing within Marine National Monument waters is a regulatory burden on domestic fisheries, requiring many of the affected American fishermen to travel outside U.S. waters with increased operational expenses and higher safety-at-sea risks,” wrote Regional Fishery Management Council representatives in a May letter to the Secretary of Commerce, Wilbur L. Ross Jr.

Though few boats fish in the northeast canyons, and none fish on the seamounts, control over the Northeast Canyons and Seamounts is a matter of principle, and precedent, for the New England Fishery Management Council. Shortly after Trump’s executive order in June, the Council created a deep-sea coral amendment that imposed fishery closures and gear restrictions on a substantial portion of the monument.

Read the full story at the Environmental Health News