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California Takes Step to Protect Leatherback Sea Turtles

August 20, 2020 — California took a step Wednesday toward placing Pacific leatherback sea turtles under state protection as the species faces potential extinction from human-caused problems.

The state Fish and Game Commission voted 5-0 for the species to become a candidate for threatened or endangered status under California’s Endangered Species Act.

That triggers a year-long review before the commission makes a final decision. The turtle will receive state protection during that time.

Conservation groups applauded the move.

“Leatherbacks have traveled across the Pacific for millions of years. California has now committed to ensuring they survive reckless fishing practices and other threats to their existence,” said Catherine Kilduff, an attorney for the Center for Biological Diversity, which petitioned for the action along with the Turtle Island Restoration Network.

Read the full story at U.S. News

Trump administration sued over endangered Florida sea turtle protection from climate change

January 9, 2020 — Several environmental groups filed a lawsuit Wednesday claiming agencies in the Trump administration have failed to protect green sea turtle habitat as required by the Endangered Species Act.

The lawsuit, filed in U.S. District Court for the District of Columbia, says the turtles’ nesting beaches in Florida, Georgia, North Carolina and South Carolina, as well as their ocean habitat, face threats from sea level rise brought on by climate change and plastic pollution, according to a news release from the Center for Biological Diversity, one of the plaintiffs.

Other plaintiffs are the Sea Turtle Oversight Protection and the Turtle Island Restoration Network.

Read the full story at the Treasure Coast Newspaper

Federal court stops longline fishing to protect turtles

January 8, 2020 — Longline fishing won’t be allowed off the California coast, after a federal district court suspended permits for the fishing method.

In December, the court struck down longline fishing permits that the National Marine Fisheries Service issued last spring, ruling that the service didn’t properly analyze threats to critically endangered leatherback sea turtles.

“The permits were vacated by the court, so the permits are no longer in effect,” said Catherine Kilduff, an attorney with the Center for Biological Diversity, which filed a lawsuit with Turtle Island Restoration Network, challenging the permits.

The National Marine Fisheries Service declined to comment on the case while it analyzes the decision, spokesman Jim Milbury said.

Read the full story at The San Diego Union-Tribune

Environmental groups file federal suit seeking green sea turtle habitat protections

January 8, 2020 — Three conservation groups filed a lawsuit in federal court on Wednesday, 8 January, against the administration of U.S. President Donald Trump, claiming it has not done enough to protect green sea turtle habitats across the country from a variety of threats.

The Center for Biological Diversity (CBD), the Turtle Island Restoration Network, and Sea Turtle Oversight Protection claim NOAA Fisheries and the U.S. Fish and Wildlife Service determined nearly four years ago that the turtles still required protection under the Endangered Species Act (ESA) because of threats from climate change and rising sea levels.

Read the full story at Seafood Source

Judge sides with Olema environmental group on sea turtle protections

January 3, 2020 — A federal judge has sided with an Olema-based conservation group in finding the federal government violated environmental laws including the Endangered Species Act by allowing longline fishing in West Coast waters without assessing threats to endangered sea turtles.

Judge Kandis A. Westmore of the U.S. District Court of Northern California wrote in her ruling late last month that the National Marine Fisheries Service’s issuance of two longline fishing permits earlier this year would “reverse protections in place for leatherback sea turtles despite continuing population declines and the agency’s admission that the extinction of Pacific leatherbacks ‘is almost certain in the immediate future.’”

As part of her Dec. 20 order, Westmore set aside the two fishing permits that were issued in May as well as the agency’s finding that the fishing would have no significant environmental impacts.

Todd Steiner, executive director of the Olema-based Turtle Island Restoration Network, which co-led the lawsuit with the Center for Biological Diversity, said the fishing permits were essentially a back-door attempt by the Trump administration to reopen longline fishing despite a 2004 federal ban. The lawsuit was filed in June.

“We have closed the back door and leatherback sea turtles are safe from drowning on the ends of longline fishing hooks,” Steiner said.

Read the full story at The Marin Independent Journal

Lawsuit Challenges NMFS Exempted Fishing Permits for Two Pelagic Longline Vessels Off California

June 10, 2019 — SEAFOOD NEWS — The Center for Biological Diversity and Turtle Island Restoration Network sued the Trump administration this week for permitting a new longline fishery — two vessels –in the Pacific Ocean.

The fishery, authorized in May by the National Marine Fisheries Service, would operate off California despite a federal ban on longline gear created in 2004 to protect sea turtles. This fishing will threaten endangered leatherback sea turtles, as well as olive ridley and loggerhead sea turtles and Guadalupe fur seals, the Center said in a press release.

“Leatherback sea turtles need to catch a break, not a longline hook,” Catherine Kilduff, a Center senior attorney, said in the release. “Californians demand more selective and sustainable fishing for swordfish. But the indiscriminate longlines authorized by the Trump administration will hook, injure and drown endangered species off our coast.”

“This is basically the same fishery the agency outlawed fifteen years ago, and the same agency is using a backdoor maneuver to get the fishery reopened,” Todd Steiner, executive director of Turtle Island Restoration Network stated. “Sea turtles could go extinct if deadly longline fisheries are expanded. And it’s not just in California— the Hawaii longline fleet has been forced to close early two years in a row because they have exceeded their legal turtle take. It makes no sense to re-authorize this wasteful fishery off of California.”

The exempted fishing permit has been years in the making and was approved unanimously by the Pacific Fishery Management Council after being fully vetted by the Council, its advisory bodies and the public. NMFS then issued the permit that allows for only two fishermen on two vessels to target highly migratory tuna and swordfish.

The EFP requires 100% monitoring by observers and establishes hard caps on ESA-listed species. That is, fishing must stop if the number of incidental interactions with animals exceed certain parameters. It also excludes any fishing within 50 miles of the coast or offshore islands and requires a full suite of verified mitigation techniques be used during all test fishing. These techniques are known to reduce or eliminate interactions with sea birds, sea turtles and marine mammals.

In fact, NMFS issued terms and conditions for the EFP that are more restrictive than those listed in the original application.

“NOAA’s decision is a huge win for American fisheries, fishermen and ultimately, the environment,” Dave Rudie, owner of Catalina Offshore Products and President of the California Pelagic Fisheries Association, said in a statement. “It will greatly benefit San Diego and southern California and our consumers as well.”

The new permits could increase reliance on local seafood, particularly where swordfish and tuna are concerned. The North Pacific swordfish population is very healthy and would support a substantial additional harvest according to all international fisheries experts and published reports. Any increase in U.S. fisheries production improves America’s seafood security as well as provides for a sustainable ecosystem footprint often lacking in the weak environmental oversight of foreign fisheries, the association noted in a press release.

The Center said Pacific leatherback sea turtles are highly endangered, with scientists predicting their extinction in 20 years. Yet the exempted fishery will occur in an area that includes the Pacific Leatherback Conservation Area, which prohibits swordfish fishing using drift gillnets to protect leatherback sea turtles.

However, the increased mitigation requirements mandated by NMFS specify no-fishing areas such as the Southern California Bight and within leatherback critical habitat or 50 nautical miles from the coast, whichever is greater.

The lawsuit, filed in the U.S. District Court for the Northern District of California, states NMFS’ issuance of the permit violated several environmental laws, including the Endangered Species Act and National Environmental Policy Act. The suit seeks to invalidate the permit, protecting the turtles and seals from longlines.

NMFS issued the permit May 8.

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

Environmental groups file federal suit to stop California longline fishery

June 6, 2019 — Two environmental groups filed a lawsuit against the administration of U.S. President Donald Trump on Thursday, 6 June, claiming it used a “backdoor maneuver” to permit a new longline fishery off the California coast.

In a statement, the Center for Biological Diversity and Turtle Island Restoration Network said NOAA Fisheries did not comply with the Endangered Species Act when it approved the longline fishery last month. The fishery will consist of two fishing vessels utilizing lines with numerous hooks that stretch for miles to catch tuna and swordfish.

The groups fear endangered species such as Pacific leatherback turtles will end up caught in some of the hooks and potentially die from the interaction. Scientists believe those leatherbacks could become extinct within two decades.

“The failure of the Fisheries Service to comply with environmental laws in issuing the Permit diminishes leatherback sea turtles’ slim chance to defy predictions of extinction,” the complaint, filed in the Northern District of California, states.

Officials issued the permit even though NOAA Fisheries banned longlines 15 years ago.

“This is basically the same fishery the agency outlawed 15 years ago, and the same agency is using a backdoor maneuver to get the fishery reopened,” Turtle Island Restoration Network Executive Director Todd Steiner said in a statement.

Read the full story at Seafood Source

California May Soon Unravel Controversial Nets Used To Harvest Swordfish

November 9, 2018 — Ocean activists seem to be on the eve of winning a long battle against a controversial type of fishing gear that has been banned in most of world’s oceans. But many fishermen are not ready to let go of what has been a reliable method for catching valuable swordfish.

A federal court ruling last week could lead to strict limits on using drift gillnets in California, one of the last places where the gear is still allowed. Drift gillnets are used to snag swordfish but prone to ensnaring other sea life, too. The court decision comes weeks after the state’s governor signed a law that would phase the nets out of use over the next few years.

Todd Steiner, an environmentalist who has fought for stricter regulations on drift gillnets since the 1990s, believes the time has come to ban them everywhere.

“Drift gillnets should no longer be in the ocean,” says Steiner, founder of the Turtle Island Restoration Network based in Forest Knolls, Calif. “Only one in six or seven animals caught in these nets is a swordfish. They’re indiscriminate in what they catch.”

Drift gillnets are essentially long curtains of nearly invisible mesh that hang from buoys and entangle large creatures that swim into them. The nets are notorious for catching high volumes of unwanted creatures, or bycatch — the primary reason Steiner and other activists want them banned.

But Santa Barbara fisherman Gary Burke, who has been using drift gillnets since the 1980s, says environmentalists who oppose the gear have set unrealistic expectations. “We’ve reduced our bycatch so much at this point that it would take some dramatic tech innovation to reduce it anymore,” he says.

Read the full story at NPR

NMFS, ENGOs Agree to Deadlines for Humpback Whale Habitat Designations off West Coast

August 29, 2018 — SEAFOOD NEWS — The Center for Biological Diversity, Turtle Island Restoration Network and Wishtoyo Foundation reached a settlement with the National Marine Fisheries Service last week to protect humpback whale habitat in the Pacific Ocean. the Center said the whales face threats from fisheries, ship strikes and oil spills.

The agreement, filed in federal district court in San Francisco, requires the National Marine Fisheries Service to follow the Endangered Species Act’s requirement to designate critical habitat by June 28, 2019, and finalize those boundaries a year later. Two Pacific Ocean humpback populations were listed as endangered, and a third as threatened, in September 2016.

“Today’s victory means Pacific humpback whales will be safer in their ocean home,” Center Attorney Catherine Kilduff said in a press release. “While delaying these protections, the Trump administration proposed opening the Pacific up to offshore oil drilling and let fishing gear tangle up dozens of humpbacks. This agreement ensures the whales will finally get the protections they need.”

One population of endangered humpback whales that feeds off California’s coast numbers around 400 individuals, meaning any death or injury from entanglement could hurt their recovery the Center said in the statement. Several whales were tangled in fishing lines from fixed gear fisheries in recent years, but many were also the victims of ship strikes.

Ship strikes and oil spills are the other major threats to West Coast humpback whales, according to the Center’s statement. A study found that an estimated 22 humpbacks off California, Oregon and Washington die each year after being hit by ships. That number could increase if additional offshore oil and gas drilling were allowed, as proposed by the Trump administration earlier this year. Additionally, potential oil spills increase the risk to whales and other marine life.

The three plaintiffs filed the suit in March.

The potential critical habitat areas will raise public awareness about what areas are essential for conservation, and provides substantive protections for the habitat from adverse modification by federal government activities, Kilduff said in an email. The habitat protections also will help safeguard ocean areas essential for migrating and feeding. Evidence shows that endangered or threatened species that have protected critical habitat are twice as likely to show signs of recovery as those without it, according to the three groups.

NMFS identified humpback whale populations that needed critical habitat designations in 2016. Those included the three that are, at times, in U.S. waters: the threatened Mexico population that feeds off the U.S. West Coast and Alaska and the endangered Central America population that feeds almost exclusively off California and Oregon. The agency revised the listing status of the humpback whale from a global population to 14 distinct population segments (DPS). However, NMFS also found that critical habitat for these three populations were not determinable when it identified the 14 humpback DPS.

According to the settlement, NMFS must pay $10,000 in attorney fees to the Center and the two other plaintiffs.

Meanwhile, the seafood industry remains concerned, awaiting the details. Fishermen and processors also are concerned about the Center’s lawsuit against the California Department of Fish and Wildlife, filed late last year, regarding whale entanglements.

Kilduff said this settlement will have no effect on the lawsuit against the state.

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

 

California State Senate votes to ban driftnets for swordfishing

June 8, 2018 — California has taken a key step in its effort to ban the use of drift gillnets and transition to a swordfish and thresher shark fishery that conservation groups claim would reduce the amount of bycatch.

Last week, the California State Senate voted 32-0 to prohibit the use of the large nets by 2023. The bill, sponsored by state Sen. Ben Allen (D-Santa Monica), also would compensate fishermen for their nets and provide incentives for them to purchase gear that is less likely to ensnare turtles, dolphins, and other marine life.

California is currently the only state in the country that allows driftnets for swordfish and thresher shark fishing off its coast.

“I am pleased the approach taken in SB 1017 to phase out the use of this damaging equipment earned broad bipartisan support in the Senate today,” Allen said. “I look forward to continuing to work with stakeholders on a plan that protects marine life while being fair to everyone involved.”

According to conservation groups, driftnets can kill or injure up to 70 different species. Fishermen deploy the mile-long nets overnight.

“We have been working to reduce the devastating and cruel impact of this driftnet fishery on whales, dolphins, and sea turtles for 20 years, and passage of this legislation will go a long way toward making the Pacific Ocean safer for endangered marine wildlife,” said Todd Steiner, biologist and executive director of Turtle Island Restoration Network.

Read the full story at Seafood Source

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