Saving Seafood

Fishery Council Seeks Input on Protecting Prey for Endangered Killer Whales

August 28, 2020 — The following was released by NOAA Fisheries:

A workgroup has outlined options for providing for prey needs of endangered Southern Resident killer whales in the course of designing West Coast salmon fishing seasons.

The workgroup was formed by the Pacific Fishery Management Council. Now the Council wants to know what you think of their options, described in a Range of Alternatives (PDF, 18 pages) and Recommendations. The options are available for public comment until September 2, 2020.

The options are varied and extend across the West Coast.

One alternative would be to set a threshold for salmon abundance. Under this alternative, if Chinook salmon numbers off the West Coast fall to a certain level, then additional management measures would apply to fishing. NOAA Fisheries identified a similar interim threshold to evaluate 2020 fisheries, although salmon numbers did not fall to that level.

Another option suggests updating the goals for how many Chinook salmon return to California rivers, such as the Sacramento River and the Klamath rivers. The anticipated removal of dams from the Klamath River could increase its potential for salmon production, according to the alternatives.

The Council will take public comments and consider the choices during its September meeting before refining a range of alternatives to share for broader input. The Council will then take public comment on those alternatives before finalizing its selection at its November meeting. Ultimately, NOAA Fisheries will evaluate and decide whether to approve the Council’s recommendation for the fishery measures under the Magnuson-Stevens Act. We will also ensure it complies with the Endangered Species Act.

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

Correction: Ad Hoc Southern Resident Killer Whale Workgroup to Meet September 29-30, 2020

August 24, 2020 — The following was released by the Pacific Fishery Management Council:

The Pacific Fishery Management Council’s Ad Hoc Southern Resident Killer Whale Workgroup will hold an online meeting, which is open to the public.  The meeting will be held Tuesday, September 29 through Wednesday, September 30, 2020, starting at 9:00 a.m. (Pacific Daylight Time) and ending at 5:00 p.m. daily, or until business for the day is complete.

Please see the September 29-30, 2020 Ad Hoc Southern Resident Killer Whale Workgroup meeting notice on the Pacific Council’s website for details.

For further information:

  • Please contact Pacific Fishery Management Council staff officer Ms. Robin Ehlke at 503-820-2410; toll-free 1-866-806-7204.

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

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

Give Pregnant Killer Whales Space to Forage

August 14, 2020 — The following was released by NOAA Fisheries:

With news of multiple pregnancies among the endangered Southern Resident killer whales, agencies and partners are calling for boaters to steer clear of the whales. The Washington Department of Fish and Wildlife, NOAA Fisheries, whale watch leaders, and Soundwatch are asking boaters to give the whales extra space on the water at this critical time.

”The whales, for the first time in a couple years, are very, very present in Puget Sound; and unfortunately we’re having a lot of people get too close to orcas within these regulated boundaries,” said Washington Department of Fish and Wildlife Police Captain Alan Myers. “That bubble of protection is extremely important in order to keep boaters either intentionally or unintentionally from interfering with these animals while they feed, forage, and move about in Washington’s waters.”

A photogrammetry team from SR3 and Southall Environmental Associates last month documented pregnancies in all three Southern Resident pods. While this is promising news, research has shown that many Southern Resident pregnancies fail or the calves do not survive beyond their first year.

The lack of sufficient Chinook salmon prey is a key issue for the whale population. Another concern is the sound from vessel traffic, which can interrupt echolocation clicks the whales use to hunt the salmon. In the presence of vessel traffic, the whales have been observed by researchers spending less time foraging and more time traveling. Research has also found that the speed of vessels, more so than their size, is the biggest factor in determining how much noise they produce. Slowing down is one of the best ways to allow pregnant females to find the prey they need.

Read the full release here

Groups File Petition for Additional Speed Limits Along Atlantic Coast to Protect Right Whales

August 13, 2020 — Earlier this month a number of conservation groups came together to file a petition seeking additional speed limits along the Atlantic Coast to protect North Atlantic right whales. The letter, submitted to Secretary of Commerce Wilbur Ross and NOAA Fisheries Assistant Administrator Chris Oliver on August 6, begs the National Marine Fisheries Service to take action to prevent and mitigate the continuing threat of vessel strikes.

The call for action comes shortly after the death of a calf this past June. As SeafoodNews reported, the deceased North Atlantic right whale was spotted off the coast of Elberon, New Jersey, on June 25. The whale was ultimately identified as a male calf of whale #3560. A necropsy conducted by NOAA revealed evidence of at least a pair of vessel collisions.

Read the full story at Seafood News