Saving Seafood

Lawsuit claims Gulf of Mexico drilling permits violate Endangered Species Act

October 23, 2020 — Environmental groups went to federal court Oct. 21 with a lawsuit claiming the Trump administration is violating the Endangered Species Act by an inadequate interagency consultation on oil and gas operations in the Gulf of Mexico.

The San Francisco-based legal foundation Earthjustice filed the action on behalf of the Sierra Club, the Center for Biological Diversity, Friends of the Earth and Turtle Island Restoration Network. The lawsuit attacks an assessment of the hazards that offshore oil and gas drilling and production pose to endangered marine species, issued in March by the National Marine Fisheries Service.

In an earlier 2018 lawsuit filed in a federal court in Florida, Earthjustice and other groups complained NMFS and the U.S. Fish and Wildlife Service had unreasonably delayed developing a new biological opinion – or “BiOp” in the argot of federal bureaucracy – to evaluate impacts as required by the Endangered Species Act.

The law requires certification that government actions – such as permitting offshore drilling – won’t harm endangered species. The last biological opinion was issued in 2007; BP’s Deepwater Horizon accident and oil spill in 2010, with its sweeping environmental impacts and losses of marine life, triggered the process for a reassessment of the dangers.

Read the full story at National Fisherman

Federal charges filed in a 2018 shark fin trafficking case

September 1, 2020 — Hamada Suisan Co. Ltd., the owner of a Japanese-flagged fishing vessel, was charged in federal court Monday tied to the illegal trafficking of shark fins.

The charges of aiding and abetting the attempted export of shark fins stems from a November 2018 discovery of hundreds of fins in the possession of workers from the fishing vessel, M.V. Kyoshin Maru No. 20.

According to the Department of Justice, the vessel’s Indonesian workers legally came to Hawaii to board flights out of the Honolulu International Airport. During routine TSA screenings of carry-on luggage, agents found some 962 shark fins within their bags, weighing in approximately 190 pounds.

Read the full story at Hawaii News Now

Habitats for endangered green sea turtles will be federally protected in Florida

August 25, 2020 — Endangered green sea turtles will have some of their nesting beaches in Florida protected by federal agencies under a new legal agreement with conservation groups.

The U.S. Fish and Wildlife Service and National Marine Fisheries Service must designate protected critical habitats for  by June 30, 2023, the Center for Biological Diversity said in a statement this week.

The agencies will likely consider proposing protections for beaches where green turtles nest in Florida, Georgia, North Carolina and South Carolina, as well as offshore oceanic habitat in the Southeast and on the West Coast, according to the agreement. These critical habitats designations don’t prohibit development, but they require that any project that’s permitted by a federal agency must minimize harm to these special areas.

“We’re thrilled that these imperiled creatures will finally get the habitat protections required by the Endangered Species Act,” said Jaclyn Lopez, Florida director at the Center for Biological Diversity. “Green sea turtle recovery has come a long way, but the fight’s not over yet.”

Read the full story at PHYS.org

Feds: NW Atlantic Leatherback Turtle Population Listing Change Not Warranted; Species Still at Risk

August 13, 2020 — A new review of leatherback sea turtle science found that seven distinct populations of leatherback sea turtles face a high extinction risk, according to the National Marine Fisheries Service and U.S. Fish and Wildlife Service.

The federal agencies released the information Monday, noting that all seven are currently listed as endangered. Neither agency proposed a change to current global listings since a petition to identify the Northwest Atlantic population as a distinct population segment and threatened, not endangered, under the Endangered Species Act was unjustified.

Read the full story at Seafood News

Fishing groups sue federal agencies over latest water plan for California

December 4, 2019 — The fracas over California’s scarce water supplies will tumble into a San Francisco courtroom after a lawsuit was filed this week claiming the federal government’s plan to loosen previous restrictions on water deliveries to farmers is a blueprint for wiping out fish.

Environmental and fishing groups sued the the National Marine Fisheries Service and U.S. Fish and Wildlife Service Monday for allegedly failing to protect chinook salmon, steelhead trout and delta smelt.

They believe the voluminous government proposal, known as a biological opinion, sacrifices protections for the imperiled fish without adequate justification so that Central Valley farmers and Southern California cities can have more water.

The lawsuit, filed in U.S. District Court in San Francisco, charges that the government’s plan to boost agricultural deliveries from the Sacramento-San Joaquin River Delta is an arbitrary and capricious failure to uphold the Endangered Species Act.

Read the full story at the San Francisco Chronicle

Rep. Huffman files bill to protect, bolster salmon rivers

October 18, 2019 — A California congressman on Thursday, 17 October filed a bill in Congress that he claims would restore and protect the country’s salmon rivers and watersheds.

By drafting H.R. 4723, dubbed the Salmon Focused Investments in Sustainable Habitats (Salmon FISH) Act, U.S. Representative Jared Huffman in a statement said he wants to make the rivers that support salmon populations more resilient. The Democrat’s bill would call on NOAA Fisheries and the U.S. Fish and Wildlife Service to designate core abundance areas as “Salmon Conservation Areas” and the purest ones as “Salmon Strongholds.”

Read the full story at Seafood Source

Court Battle Underway Over Revamped Endangered Species Rules

October 8, 2019 — A major fight is shaping up in federal court over the Trump administration’s recently issued rules that rewrite how the government implements the Endangered Species Act.

The battle was broadened on Sept. 25 when attorneys general from 17 states, the District of Columbia and New York City filed a challenge to the regulations in U.S. District Court in San Francisco.

In their lawsuit, the plaintiffs, led by California Attorney General Xavier Becerra, contend that the set of three new final rules—published in the Federal Register on Aug. 27 by the U.S. Fish and Wildlife Service and National Marine Fisheries Service— “fundamentally undermine and contradict” Endangered Species Act requirements.

Two of the regulations took effect on Sept. 26. The effective date for the third, which aims to expedite “interagency cooperation”  procedures in listing species as endangered, was extended to Oct. 28.  [View 8/12/19 ENR story on regulations here.]

Among other changes, the rules set a stricter definition of “critical habitat” needed for an endangered species to survive; end a practice of giving threatened species the same protections as endangered species; allow economic factors to be aired—though not as a decisive factor—when agencies determine whether to list a species as endangered.

Read the full story at The Engineering-News Record

Maine’s Atlantic salmon likely to be on ‘endangered’ list for another 75 years

February 13, 2019 — A decade after the Penobscot River was included in the expansion of Endangered Species Act protection for Atlantic salmon originating in Maine, federal officials have released the final recovery plan for those fish. The news isn’t good. Federal officials estimate that it will take 75 years — about 15 generations of fish — for Gulf of Maine Atlantic salmon to be delisted entirely.

That news dims hopes that any angler who enjoyed fishing for salmon in Maine rivers in the past will live long enough to do so again.

Additionally, the plan estimates that the annual cost of implementing recovery actions will be $24 million per year on top of recovery-based efforts covered by regular federal budgets.

The National Oceanic and Atmospheric Administration and the U.S. Fish & Wildlife Service on Tuesday released their plan for the recovery of Atlantic salmon within the Gulf of Maine distinct population segment. The document will serve as the foundation for conservation and recovery efforts moving forward.

According to the plan, recovery efforts must focus on rivers and estuaries until threats salmon face at sea are better understood. In addition, the continued effort of fish hatcheries in the conservation is an essential piece of the recovery puzzle. Eastern Maine has two such hatcheries — Craig Brook National Fish Hatchery in Orland and Green Lake National Fish Hatchery in Ellsworth.

Read the full story at the Bangor Daily News

 

Government Shutdown Delays, Disrupts Environmental Studies

January 24, 2019 — The rainwater collection system is broken at the environmental research station on a remote, rocky Pacific island off the California coast. So is a crane used to hoist small boats in and out of the water. A two-year supply of diesel fuel for the power generators is almost gone.

U.S. Fish and Wildlife Service personnel ordinarily would help with such problems. But they haven’t been around since the partial federal government shutdown began a month ago, forcing researchers with the nonprofit Point Blue Conservation Science to rely on volunteers to haul bottled water and 5-gallon (18-liter) jugs of diesel to the Farallon Islands National Refuge, about 30 miles (48 kilometers) from San Francisco.

Still, the scientists are pressing on with their long-running study of elephant seals during the crucial winter breeding season. They tag and monitor the lumbering creatures, whose numbers are recovering after being hunted to near-extinction, and study how warming oceans could affect them.

“We’ve found some creative solutions, but things will get more strained the longer the shutdown is continued,” said Pete Warzybok, a marine ecologist with Point Blue.

Read the full story from the Associated Press at U.S. News

Blockages gone, fish back in post-Sandy projects in Mass., 5 other states

November 26, 2018 — Billions of dollars have been spent on the recovery from Superstorm Sandy to help people get their lives back together, but a little-noticed portion of that effort is quietly helping another population along the shoreline: fish that need to migrate from coastal rivers out to the sea and back.

After the 2012 storm, the U.S. Fish and Wildlife Service spent nearly $11 million on a series of projects to remove dams and other blockages from coastal waters in six states, partnering with local environmental groups. Fish species that were scarce or entirely absent from those waterways for years soon began showing up again.

The so-called “aquatic connectivity” projects in Massachusetts, Connecticut, Rhode Island, New Jersey, Maryland and Virginia were part of a $105 million effort not only to fix what was damaged by Sandy, but also to improve environmental conditions in places where recreational benefits could help tourism and the economy, as well. While the storm did its worst damage in New York and New Jersey, its effects were felt in many states along the East Coast.

“The idea was not only to do good things for fish and wildlife, but to provide community benefits and make communities more resilient,” said Rick Bennett, a scientist with the Fish and Wildlife Service in Massachusetts. “By removing dams, you also reduce flooding, especially upstream.”

Aquatic species benefiting from the work include the Eastern Brook trout, sea run brown trout, sea lamprey, American eel and river herring.

One of the first and most successful projects happened in Spring Lake, New Jersey’s Wreck Pond. For years, the conflicting goals of protecting the environment and some of the New Jersey shore’s priciest real estate from storms have bedeviled the pond.

Storms sometimes open a channel between the 48-acre tidal pond and the ocean, but governments keep sealing it shut to protect homes from flooding. The result was poor water quality and much narrower access to the ocean, which hurts fish that travel from ocean to pond to breed.

The American Littoral Society oversaw construction of a concrete culvert between the pond and the ocean to make it easier for fish, including herring, to reach the sea. In addition to letting fish in and out more easily, the culvert can be opened or closed as needed during storms to control flooding.

It succeeded at both goals, said Tim Dillingham, the group’s executive director.

“The restoration of connectivity to allow fish to return and spawn has been a great success,” he said. “We’re seeing fish come back in numbers we hadn’t seen before. And it has also added to the resiliency of the area during storms, by adding capacity to deal with flooding.”

Read the full story from the Associated Press at Boston.com