Endangered Species Act Archives - Page 19 of 23

Hawaii Longline Leader Testifies on Ways to Strengthen the MSA

July 27, 2017 — SEAFOOD NEWS — A Hawaii fishing industry leader made three suggestions to the House Natural Resources Committee’s Subcommittee on Water, Power and Oceans during a hearing last week on “Exploring the Successes and Challenges of the Magnuson-Stevens Act.” The hearing was designed to continue discussions relevant to MSA reform and consider current draft legislation.

Hawaii Longline Association President Sean Martin, one of four invited witnesses, said overall the MSA is working well, but the Hawaii seafood industry is facing problems related to national monuments created under the Antiquities Act, Endangered Species Act issues and more.

“The MSA is a success and should be the principal source of authority for management of U.S. fisheries,” Martin said in his testimony. “Overfished stocks have been rebuilt, and few stocks are now overfished. Management measures are precautionary and based on the best scientific information available. The regional fishery management councils provide regional fishing expertise and utilize an effective bottom-up decision making process that includes the fishing industry. The MSA also requires the evaluation of impacts on fish stocks as well as fishermen and fishing communities.”

However, the 140 active vessels in the longline fleet, which lands roughly $100 million worth of tuna and other highly migratory fish annually, is struggling with access to fishing grounds.

“We operate in a very competitive arena, both for fishing grounds in international waters and for the U.S. domestic market. The recent marine monument designations established under the Antiquities Act prohibits us from fishing in 51 percent of the US Exclusive Economic Zone in the Western Pacific region,” Martin said. “Access to the high seas is also being challenged by recent United Nations initiatives. Closure of US waters and the high seas hurts us, reducing our ability to compete and increasing the vulnerability of our markets to foreign takeover.”

Martin said the longliners have worked with NMFS and the Western Pacific Regional Fishery Management Council for more than 25 years to ensure sound fishery data would be used in stock assessments and regulations. They have collaborated on research such as gear modifications to protect sea turtles, seabirds and marine mammals.

“We are proud of our efforts and the Hawaii longline fishery is an iconic, internationally recognized model fishery. It is the most highly monitored, strictly regulated longline fishery in the Pacific,” he said.

With that, Martin suggested three things to help make the MSA stronger:

Manage U.S. ocean fisheries through the MSA process;
Strengthen support for U.S. fisheries in the international arena; and
Simplify the MSA regulatory process.

“In recent years, the management of fisheries covered by the MSA has been circumvented by other statutes and authorities,” Martin said regarding using the MSA process for managing ocean fisheries. “This includes the Endangered Species Act, Marine Mammal Protection Act, Migratory Bird Treaty Act, National Marine Sanctuaries Act, and the Antiquities Act. These acts do not require the same level of public consultation and transparency as compared to the MSA.

“For our fishery, the biggest gains in protection have been achieved through the Council process. For example, sea turtle and seabird interactions were reduced by 90 percent as a result of industry cooperative research and Council developed regulations. In HLA’s view, fisheries should be managed primarily through the fishery management councils under the MSA. This ensures a transparent, public, and science-based process which allows the fishing industry and stakeholders to be consulted. It provides that analyses of impacts to fishery dependent communities are considered, and prevents regulations that might otherwise be duplicative, unenforceable, or contradictory.

“Past administrations have established huge national marine monuments in the Pacific totaling more than 760 million acres of U.S. waters under the Antiquities Act of 1906. In our view, marine monument designations were politically motivated and addressed non-existing problems. Fisheries operating in these areas were sustainably managed for several decades under the MSA and the Western Pacific Council. There was no serious attempt to work with the fishing industry in the designations of these marine monuments. Public input was minimal.”

Regarding support for U.S. fisheries in the international arena, Martin said, “In 2016, Congress enacted ‘Amendments to the Western and Central Pacific Fisheries Convention Implementation Act’ (16U.S.C. 6901 et seq.). The amendments direct the Secretaries of Commerce and State to seek to minimize any disadvantage to U.S. fisheries relative to other fisheries of the region and to maximize U.S. fisheries’ harvest of fish in the Convention Area.

“The amendments are intended to level the playing field between
U.S. and foreign fisheries. U.S. fisheries managed under the MSA are sustainable, yet they are often disadvantaged within international fisheries commissions. U.S. fishing interests require strong U.S. government negotiators to advocate and support U.S. fisheries.

“For example, the Hawaii longline bigeye quota has been reduced to 3,345 metric tonnes (mt), while quotas for other countries have not been reduced (e.g. Indonesia). The WCPFC-imposed quotas are based on historical catch and do not match current fishing capacity. For example, Japan has a bigeye quota of nearly 17,000 mt, but only catches around 11,000 mt. China has been expanding its longline fleet from about 100 vessels in 2001 to over 430 vessels in 2015, and has a bigeye quota of around 7,000 mt. Our fleet has been limited to 164 permits since 1991. China is continuing to expand its longline fisheries and supplying US markets with poorly monitored seafood.”

Lastly, Martin hit on another problem faced by several industry groups around the country, not just in Hawaii: Simplifying the MSA regulatory process. The National Environmental Policy Act has caused delays and duplications in several regions.

“HLA supports the regional councils’ efforts to achieve a more streamlined process for approval of regulatory actions,” Martin testified. “A fishery management plan document from a regional council typically contains a full discussion of impacts on the fisheries, on the fish stocks, and on associated species (e.g., endangered species, marine mammals, seabirds, etc.).

“The National Environmental Policy Act requires duplicative evaluation and incongruent public comment periods. The analytical duplication between the MSA and NEPA is unnecessary, delays needed actions, has a high cost, and provides more avenues for legal challenges and delays on non-MSA grounds. Also, it is often very confusing to the industry with regard to timing and where we should apply our input in the process.”

Martin said the longline association recommends amending the MSA to authorize a single analytical document for any proposed regulatory action that will streamline the process, eliminate duplication and allow for more meaningful industry input.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

Dr. David Shiffman: The rare Trump appointment that is actually making scientists very happy

July 14, 2017 — The following is excerpted from an analysis piece written by Dr. David Shiffman, a fisheries scientist and Liber Ero Fellow based at Simon Fraser University, and was published in The Washington Post yesterday. The analysis referenced and linked to Saving Seafood’s previous coverage of widespread industry support for Chris Oliver’s appointment as NOAA Fisheries Assistant Administrator, found here:

[T]he appointment of fisheries biologist Chris Oliver to lead NOAA Fisheries — the agency within the National Oceanic and Atmospheric Administration that is charged with sustainable management of commercial fisheries worth more than $140 billion — represents a striking departure from the Trump administration’s scientific and environmental personnel and policy choices.

Oliver has worked as the executive director of the North Pacific Fishery Management Council since 1990. He has won the praise of both conservation groups and industry.

The position he will assume is one of the most important science, environment and natural resource management positions in the federal government. Its responsibilities include not only fisheries management but also conservation of marine species under the Marine Mammal Protection Act and the Endangered Species Act. NOAA Fisheries operates offices and research stations in 15 states and territories and employs more than 3,000 people.

Environmentalists and fishermen were following this appointment nervously. A mismanaged NOAA Fisheries could do severe and long-lasting environmental harm to U.S. marine and coastal waters, and economic harm to the millions of Americans who depend on those ecosystems.

The ocean conservation nonprofit sector, which has been strongly critical of the Trump administration, is praising this appointment. “Chris Oliver brings years of past experience working with fishermen, conservation groups and scientists, and a deep understanding of the practices and importance of science and ecosystem based management to the federal fisheries arena,” said Chris Dorsett, vice president of conservation policy at the Ocean Conservancy, a leading marine conservation nonprofit.

The seafood industry, which called for Oliver’s appointment in January in what was called “a nearly unprecedented display of unanimity,” is also pleased. “We are extremely supportive and excited about Chris’s appointment because he brings to NOAA Fisheries the skills and experience necessary to affect positive change during the challenging times that lie ahead,” said Lori Steele, executive director of the West Coast Seafood Processors Association.

“It isn’t often that the U.S. seafood industry unites together to support an appointment, but it was easy, thanks in large party to Chris’s experience and long-standing reputation as a fair, honest and successful leader in fisheries management,” she said.

“I am delighted that Chris has been well received by the fishing community in his new position,” said Wilbur Ross, the Secretary of Commerce, in a statement provided to the Post. “I have the utmost confidence that he will do a great job working with stakeholders to manage our nation’s vital fisheries – that’s why I recommended him to the president.”

Read the full story at The Washington Post

Fish or farms? A new battle rages over California water

July 11, 2017 — The House this week will tackle the question, which for years has triggered a tug-of-war between growers and environmentalists. It plans to vote on a Republican-authored plan aimed at sending more of northern California’s water to the Central Valley farmers who say they badly need it.

But California’s two U.S. senators, both Democrats, vow to block the bill in that chamber, saying it would bypass environmental safeguards and override state law. Gov. Jerry Brown also opposes the bill.

The bill, said Sen. Kamala Harris, D-Calif., in an interview, “does not strike the right balance because there’s no reason that we have to accept a false choice and somehow weaken the Endangered Species Act in order to be smarter with water policy.”

In the middle of this political brawl are growers who have have long felt that the state’s water policies prioritize fish over farms. Surplus water is allowed to flow out into the Pacific Ocean in order to protect the ecosystems of fish like salmon and steelhead. They want it flowing to their land instead.

“Our water supply has been dramatically reduced in recent years and it’s critically important for our country that we have the capability to grow safe, affordable, nutritious food, and without water it’s just not possible,” said William Bourdeau, executive vice president of Harris Farms in Fresno County.

Farmers say they have seen almost no water from the north due to the severe drought which has recently ended. Bourdeau said the problem is not entirely nature’s fault and that the state’s water policies have created a “regulatory drought.”

Ryan Jacobsen, CEO of the Fresno County Farm Bureau, a nonprofit agricultural group, said “even in dry years, Mother Nature provides water in California,” but that farmers often don’t see a drop due to regulations.

Read the full story at McClatchy DC

NOAA Fisheries Announces Initiation of Atlantic Salmon Status Review

July 7, 2017 — NOAA Fisheries is initiating a five-year review of the Gulf of Maine distinct population segment of Atlantic Salmon, as required by the Endangered Species Act.

The Gulf of Maine DPS of Atlantic Salmon is listed as endangered by NOAA Fisheries and the U.S. Fish and Wildlife Service.

In a five-year review, NOAA evaluates the best scientific and commercial data available to review the current status of listed species.

They will use the reviews to ensure that listing classifications are accurate.

Read the full story at CapeCod.com

Feds reviewing status of New England’s endangered salmon

July 2, 2017 — The federal government is starting a five-year review of the Gulf of Maine’s population of Atlantic salmon, which are listed as endangered under the Endangered Species Act.

Atlantic salmon were once plentiful off New England, but dams, loss of habitat, pollution and overfishing dramatically reduced the population. The National Marine Fisheries Service says it is reviewing the health of the stock to get more updated information on its current status.

The fisheries service says the review will be based on scientific and commercial data. One group, the New Brunswick, Canada-based Atlantic Salmon Federation, says recent data are troubling. The group says total estimated returns of the fish to North America in 2016 showed a 27 percent decrease from the previous year.

Read the full story from the Associated Press at The Daily Progress

Seven Species of Giant Clam on Deck for Federal Protection

June 28, 2017 — The National Marine Fisheries Service announced that seven of ten giant clam species petitioned for listing under the Endangered Species Act need further study. The 90-day review process found that the petition provided enough scientific evidence to move seven of the species to the second stage of the ESA listing process, known as the 12-month status review.

The petition was filed by “private citizen” Dwayne W. Meadows Ph.D., formerly the Coordinator for the NMFS’ Species of Concern Program, who is a conservation biologist and educator, with additional background in SCUBA diving and underwater photography.

Giant clams live along shallow shorelines and reefs in the tropical Indo-West Pacific region. The largest of the giant clam species, Tridacna gigas, grows up to 4.5 feet wide and can weigh up to 440 pounds. “The petition points out that the giant clam (T. gigas) is preferentially targeted for international trade due to its large size and because it is considered a desirable luxury item in China thought to confer supernatural powers and improve health,” the action notes. “A pair of high quality shells (from one individual) can fetch up to US $150,000.”

A United Nations tribunal arbitrated a dispute between the Philippines and the People’s Republic of China last year regarding maritime rights in the South China Sea, including the matter of China’s poaching of giant clams.

“The Tribunal is particularly troubled by the evidence with respect to giant clams, tons of which were harvested by Chinese fishing vessels from Scarborough Shoal, and in recent years, elsewhere in the Spratly Islands. Giant clams (Tridacnidae)… play a significant role in the overall growth and maintenance of the reef structure…Excavation is highly destructive, with early reports showing a drop in coral cover by 95 percent from its original value. More recently, fishermen in the South China Sea are reported to utilize the propellers of their boats to excavate shells from reef flats in the Spratly Islands on an industrial scale, leading to near-complete destruction of the affected reef areas,” the report stated.

Read the full story at Courthouse News Service

Feds remove type of rockfish from endangered list

March 28, 2017 — Federal biologists have removed a species of Puget Sound rockfish from the endangered species list.

NOAA Fisheries said Monday that last week’s decision comes after a recent study found Puget Sound/Georgia Basin canary rockfish are not genetically different from other canary rockfish found along the West Coast.

Researchers conducted genetic testing on fin clips collected from rockfish caught by anglers. The agency says an analysis found that Puget Sound canary rockfish aren’t genetically distinct from coastal populations.

The federal agency listed the long-living bottom dweller as threatened in 2010. Two other species – yelloweye rockfish and boccaccio – listed at that time are still protected under the Endangered Species Act.

The move also doesn’t change state regulations. Recreational anglers currently aren’t allowed to target or keep any rockfish species in Puget Sound.

Read the full story from the Associated Press at KOMO News

PACIFIC FISHERY MANAGEMENT COUNCIL CHOOSES OPTIONS FOR 2017 SALMON SEASON

March 13, 2017 — The following was released by the Pacific Fishery Management Council:

VANCOUVER, Wa. — The Pacific Fishery Management Council today adopted three public review alternatives for the 2017 salmon seasons off the West Coast of the United States. The Council will select a final alternative at their next meeting in Sacramento, California on April 6-11. Detailed information about season starting dates, areas open, and catch limits for all three alternatives are available on the Council’s website at www.pcouncil.org or http://tinyurl.com/salmon2017.

Fisheries south of Cape Falcon (in northern Oregon) are limited by the need to protect Klamath River fall Chinook, and south of Point Arena (in northern California), they are also affected by the need to protect Sacramento River winter Chinook. Returns of spawning Klamath River fall Chinook are projected to be the lowest on record in 2017 due to drought, disease, poor ocean conditions, and other issues. At the same time, the Council must protect Sacramento winter-run Chinook, which are listed under the Endangered Species Act. Because both of these fish intermix with other stocks in the ocean, fisheries targeting more abundant stocks must be constrained.

“The salmon runs this year will present a challenge for ocean fishermen and managers throughout the West Coast,” said Executive Director Chuck Tracy. “In the north, several coho runs will keep ocean quotas lower than normal. In the south, the low forecast for Klamath River fall Chinook is unprecedented, and the most restrictive alternative the Council will consider allows no ocean fishing between Cape Falcon, Oregon and the U.S./Mexico border after April 30 this year.”

“This year will be an exceptionally difficult year for ocean salmon fisheries, especially in Oregon and California. However, there are alternatives that may provide at least limited opportunity for both commercial and recreational ocean salmon fishing along much of the coast,” said Council Chair Herb Pollard.

Northern Oregon and Washington (north of Cape Falcon)

Sport season alternatives

Ocean sport fishery options north of Cape Falcon in Oregon and off the Washington coast are focused on Chinook salmon this year. One alternative includes a mark-selective Chinook fishery in June, while all alternatives include Chinook fishing opportunity in June or July-September, which are not mark-selective. Chinook recreational quotas range from 40,000 to 54,500. For coho, two alternatives allow modest coastwide opportunity. One allows opportunity for 58,800 hatchery coho in late June through September; the other allows opportunity for 50,400 hatchery coho in late June through September. A third alternative permits limited coho fishing only in the Columbia River area between Cape Falcon and Leadbetter Point, with a coho quota of 18,900 hatchery coho that starts in July and runs into September.

Commercial season options

Non-Indian ocean commercial fishery alternatives north of Cape Falcon include traditional Chinook seasons between May and September. Chinook quotas for all areas and times range from 40,000 to 50,000, compared to 35,000 in 2016. Two commercial fishery alternatives allow retention of coho, with quotas of 5,600 and 9,600 marked coho (compared to only one alternative in 2016 with a quota of 7,200 marked coho). A third alternative prohibits coho retention in the commercial fishery.

Tribal ocean fisheries north of Cape Falcon

Chinook and coho quotas for tribal ocean fishery alternatives range from 30,000 to 50,000 for Chinook salmon, and from 12,500 to 40,000 for coho. Seasons open May 1 and run through September 15.

California and southern Oregon (south of Cape Falcon)

Sport season options

From the north, recreational season alternatives south of Cape Falcon are heavily constrained this year to protect Klamath River fall Chinook. Alternatives for Oregon Chinook fishing in the Tillamook, Newport, and Coos Bay areas all open March 15 and run either continuously through October 31 or are closed May through August.

Oregon ocean recreational alternatives include mark-selective coho fishing seasons starting in June or July, and running through July or into early August in the area between Cape Falcon and the Oregon/California border. Quotas range from 20,000 to 30,000 marked coho. In addition, a non-mark-selective fishery is proposed for the area between Cape Falcon and Humbug Mt. in September, with a quota of 10,000 coho.

Due to the poor status of Klamath River fall Chinook, none of the alternatives provide for Chinook–directed fisheries in the Klamath Management Zone, which extends from Humbug Mt., Oregon to Horse Mt., California. One alternative does include a mark-selective coho fishery in the Oregon portion of the Klamath Management Zone and extending north to Cape Falcon.

California ocean sport fishing alternatives for areas south of Horse Mountain provide seasons that are fairly conservative in comparison to recent years to protect Klamath River fall Chinook and Sacramento River winter Chinook. These protective measures include shortened seasons and mid-season closures.

Commercial season options

As with recreational seasons, commercial season alternatives south of Cape Falcon are heavily constrained this year to protect Klamath River fall Chinook. Chinook salmon seasons under Alternative 1 include an opening in the Tillamook and Newport areas from mid-April through October, with several closed periods.

In Alternative 2, the Tillamook, Newport and Coos Bay area seasons would be open most days beginning in mid-April through early June and two days in August. Under Alternative 3, commercial salmon fishing would be closed in these areas.

As in the sport fishery, commercial salmon fishing is not allowed in the Klamath Management Zone in any of the alternatives to protect Klamath River fall Chinook.

Commercial season alternatives south of the Klamath Management Zone are also heavily constrained this year to protect Klamath River fall Chinook and Sacramento River winter Chinook. In the Fort Bragg management area (Horse Mt. to Pt. Arena), two of the alternatives are completely closed, and the third only provides for a September fishery. There is more opportunity south of Pt. Arena, but seasons are still constrained compared to recent years. Two of the alternatives include August-October fisheries in the San Francisco management area (Pt. Arena to Pigeon Pt.) and May-June fisheries in the Monterey management area (Pigeon Pt. to the U.S./Mexico border), but the third alternative has these areas closed for the whole season.

Management Process

Public hearings to receive input on the alternatives are scheduled for March 27 in Westport, Washington and Coos Bay, Oregon; and for March 28 in Fort Bragg, California. The Council will consult with scientists, hear public comment, revise preliminary decisions and choose a final alternative at its meeting April 6-11 in Sacramento, California.

The Council will forward its final season recommendations to National Marine Fisheries Service (NMFS) for its approval and implementation by May 1.

All Council meetings are open to the public.

Council Role

The Pacific Fishery Management Council is one of eight regional fishery management councils established by the Magnuson Fishery Conservation and Management Act of 1976 for the purpose of managing fisheries 3-200 miles offshore of the United States of America coastline. The Pacific Council recommends management measures for fisheries off the coasts of California, Oregon, and Washington.

NOAA Fisheries Declines to List Thorny Skate as Threatened or Endangered

February 23, 2017 — The following has been released by NOAA:

In response to a petition from Defenders of Wildlife and Animal Welfare Institute to list thorny skate (Amblyraja radiata) under the Endangered Species Act, we have now determined that listing is not warranted at this time.

The May 2015 petition requested that we list a “Northwest Atlantic Distinct Population Segment” or a “United States Distinct Population Segment” of thorny skate as threatened or endangered.

In making a determination as to whether distinct population segments of thorny skate exist, we considered the best available information on thorny skate distribution, genetics, and behavior. We considered whether the information supported the distinct population segments as identified in the petition or if other distinct population segments exist.

We determined that the information does not support the existence of any distinct population segments of thorny skate as they mix throughout the North Atlantic. Therefore, we also assessed whether listing the full species was warranted.

Based on a comprehensive status review report, which included an Extinction Risk Analysis, we determined that the species is not currently in danger of extinction throughout all or a significant portion of its range, nor is it likely to become so within the foreseeable future, so listing is not warranted at this time.

Thorny skate are at low abundance in U.S. waters compared to historical levels, primarily due to overfishing. However, declines have been halted throughout most of the species’ full range, and the species remains abundant throughout the North Atlantic, with hundreds of millions of individuals in the Northwest Atlantic alone.

Read our determination as filed in the Federal Register today.

Questions? Contact Jennifer Goebel at 978-281-9175 or jennifer.goebel@noaa.gov

Senate holds hearing to modernize the Endangered Species Act

February 16, 2017 — A Senate hearing to “modernize the Endangered Species Act” unfolded Wednesday just as supporters of the law had feared, with round after round of criticism from Republican lawmakers who said the federal effort to keep species from going extinct encroaches on states’ rights, is unfair to landowners and stymies efforts by mining companies to extract resources and create jobs.

The two-hour meeting of the Environment and Public Works Committee was led by Sen. John Barrasso (R-Wyo.), who said last month that his focus in a bid to change the act would be “eliminating a lot of the red tape and the bureaucratic burdens that have been impacting our ability to create jobs,” according to a report in Energy and Environment News.

In his opening remarks, Barrasso declared that the act “is not working today,” adding that “states, counties, wildlife managers, home builders, construction companies, farmers, ranchers and other stakeholders” have made that clear in complaints about how it impedes land management plans, housing development and cattle grazing, particularly in western states, such as Wyoming.

At least one Republican has vowed to wage an effort to repeal the Endangered Species Act. “It has never been used for the rehabilitation of species,” House Natural Resources Committee Chairman Rob Bishop (R-Utah) said, according to an Associated Press report. “It’s been used to control the land. We’ve missed the entire purpose of the Endangered Species Act. It has been hijacked.”

But members of the hearing said its regulations prevented people from doing business and making a living. In a comment to a former U.S. Fish and Wildlife Service director who testified at the hearing, Sen. James M. Inhofe (R-Okla.), repeated a point made by Barrasso that of more than 1,600 species listed as threatened or endangered since the act’s inception, fewer than 50 have been removed.

Read the full story at The Washington Post