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.