Saving Seafood

Court backs seal protections on climate change grounds

October 25th, 2016 — A federal appeals court ruled Monday that the Obama administration had the right to use climate change to justify federal protections for the bearded seal.

The ruling from the Court of Appeals for the Ninth Circuit reversed a lower court ruling from 2014 and upheld the 2012 decision by the National Marine Fisheries Service (NMFS) to designate the bearded seal as threatened under the Endangered Species Act.

 The ruling is an important victory for the Obama administration and could help build a precedent of using climate change forecasts for decisions like species protections.

The case hinged on an argument from the oil industry and the state of Alaska that the NMFS relied on climate projections that were not reliable for the time period for which the agency used them.

“This case turns on one issue: When NMFS determines that a species that is not presently endangered will lose its habitat due to climate change by the end of the century, may NMFS list that species as threatened under the Endangered Species Act?” the appeals court asked in its ruling, answering in the affirmative.

Read the full story at The Hill 

Climate Change Projections Can Be Used To List A Species As Threatened, US Court Rules

October 25th, 2016 — In a landmark ruling Monday, a U.S. appeals court said that the National Marine Fisheries Service (NMFS) — a federal agency — had acted reasonably when it proposed to list certain populations of bearded seals in Alaska as “threatened” under the Endangered Species Act. The decision, which reverses a 2014 ruling by a lower court, could pave the way for other species being accorded protections based on their vulnerability to projected changes in climate.

“This is a huge victory for bearded seals and shows the vital importance of the Endangered Species Act in protecting species threatened by climate change,” Kristen Monsell, attorney for the Center for Biological Diversity — which had, in 2008, filed a petition to list the species as threatened, said in a statement. “This decision will give bearded seals a fighting chance while we work to reduce the greenhouse gas emissions melting their sea-ice habitat and keep dirty fossil fuels in the ground.”

The Pacific bearded seal is one of the two subspecies of bearded seals. Although it is currently listed as “Least Concern” by the International Union for Conservation of Nature, the Center for Biological Diversity and the NMFS estimate — based on data from the Intergovernmental Panel on Climate Change — that the seals’ winter sea-ice habitat in the Bering and Okhotsk seas off Alaska and Russia would decline by at least 40 percent by 2050, and that the subspecies would be endangered by 2095.

Read the full story at the IBT Times 

LOUISIANA: Shrimpers may face new turtle-protection rules

September 14, 2016 — New rules aimed at preventing endangered sea turtles from getting caught and killed in shrimp nets could have an impact on local fishermen.

Federal officials are revising the rules dealing with turtle-excluder devices used in shrimp nets in a court settlement with an international conservation group. In its lawsuit, Oceana alleged that the federal government violated the Endangered Species Act by failing to:

— Determine whether shrimping in the Southeast puts sea turtles at risk of extinction.

— Monitor fishing’s impact on sea turtles.

— Set a limit on how many sea turtles can be caught and killed.

As part of the settlement, the federal government agreed to propose revised regulations by Dec. 15.

“Year after year, the federal government allows tens of thousands of sea turtles to drown in shrimp trawl nets in the Gulf and Atlantic in violation of federal law,” Oceana campaign director Lora Snyder said Monday in a news release. “Oceana is pleased that the Obama administration has finally recognized its responsibility to take action to recover these amazing and vulnerable creatures before it’s too late, and we hope the rule will do just that.”

Read the full story at Houma Today 

Feds take most humpback whales off endangered species list

September 7, 2016 — HONOLULU — Federal authorities took most humpback whales off the endangered species list Tuesday, saying their numbers have recovered through international efforts to protect the giant mammals.

Known for their acrobatic leaps from the sea and complex singing patterns, humpback whales were nearly hunted to extinction for their oil and meat by industrial-sized whaling ships well through the middle of the 20th century. But the species has been bouncing back since an international ban on commercial whaling took effect in 1966.

The moratorium on whaling remains in effect, despite the new classifications.

The National Marine Fisheries Service said it first had evidence to indicate there were 14 distinct populations of humpback whales around the world. It then said nine of these populations have recovered to the point where they no longer need Endangered Species Act Protections. These include whales that winter in Hawaii, the West Indies and Australia.

Before, the agency classified all humpback whales as one population. They had been listed as endangered since 1970.

“Today’s news is a true ecological success story,” Eileen Sobeck, assistant administrator for fisheries at the National Oceanic and Atmospheric Administration, said in a statement.

Read the full story from the Associated Press at the New Bedford Standard-Times

Nautilus Finally Moves toward Endangered Species Protection

September 1, 2016 — The world’s most mathematically perfect marine species moved a little bit closer to protection last week when the National Oceanic and Atmospheric Administration agreed to consider listing the chambered nautilus (Nautilus pompilius) under the Endangered Species Act.

The move comes after several years of hard work on the part of conservationists and federal agencies to understand the massive scope of the nautilus trade and how it impacts wild populations. According to that research, nearly 1.7 million of these mollusk shells—the natural embodiment of the Fibonacci spiral—have been imported into the U.S. alone over the past 16 years, where they’re sold for anywhere between $15 and $200. The trade in nautilus shells is so bad that it has all-but depleted many populations of these ancient animals.

Further imports as well as interstate trade would become illegal if the species does gain Endangered Species Act protection.

Read the full story at Scientific American

NOAA awards $5.4 million in grants for endangered, threatened species recovery

August 22, 2016 — NOAA has awarded $5.4 million in grants to states and tribes in all coastal regions to help in the recovery of endangered and threatened marine species. The agency also opened a call for 2017 proposals under the Species Recovery Grants Program, authorized under Section 6 of the Endangered Species Act.

This year’s awards include $3.9 million for 17 new grants to 12 states and one federally recognized tribe. The remaining funds will support seven continuing state projects and one continuing tribal project. Visit our website for highlights of this year’s new state and tribal projects.

The funding supports management, research, and outreach efforts designed to bring vulnerable species to a point where Endangered Species Act protections are no longer necessary.

Read the full release at NOAA.gov

D.B. PLESCHNER: Monument proposal would devastate California’s fishing industry

August 15, 2016 — The following is excerpted from an opinion piece written by D.B. Pleschner, executive director of the California Wetfish Producers Association. It was published today in the Sacramento Bee:

California’s fisheries provide healthy, sustainable food, but that could change under a dangerous new proposal being circulated, until recently, behind closed doors at the Legislature.

California’s fishing community – more than 40 harbors, chambers of commerce, seafood processors and recreational and commercial fishing groups – has united to oppose the proposal to declare virtually all offshore seamounts, ridges and banks off the coast as monuments under the Antiquities Act and permanently close these areas to commercial fishing.

After pursuing rumors, fisheries groups discovered the proposal, along with a sign-on letter encouraging legislative support. But no one bothered to seek any input from recreational and commercial fishermen. Even worse, there has been no scientific review or economic analysis, no public participation and no transparency.

The areas identified in the proposal are indeed special places, rich in marine life and valuable corals, sponges and structures. The seamounts and banks are also very important for fisheries.

Tuna, swordfish, rockfish, spiny lobster, sea urchins, white sea bass and species including mackerels, bonito and market squid are all sustainably fished in Southern and Central California. And in Northern California, albacore tuna and other species provide opportunities to fishermen who, for the past few seasons, have been unable to rely on Chinook salmon and Dungeness crab.

These areas do deserve protection. But policies for protecting resources in federal waters exist under the federal Magnuson-Stevens Fishery Conservation and Management Act and other bipartisan laws, such as the Marine Mammal Protection Act and Endangered Species Act, which require science-based, peer-reviewed analysis conducted in a fully public and transparent process.

Read the full opinion piece at the Sacramento Bee

NOAA Fisheries releases final acoustic guidance

August 8, 2016 — The following was released by NOAA Fisheries:

NOAA Fisheries has released final guidance to help predict how human-made underwater sounds affect marine mammal hearing.

Sound is critical to the survival of marine mammals. It is a primary means of marine mammal communication, orientation and navigation, finding food, avoiding predators, and mate selection.

NOAA will use the guidance in its assessments and authorizations of activities that generate underwater sound. The guidance also allows federal agencies, industries, and other applicants to more accurately predict effects of their proposed projects and help inform decisions about appropriate mitigation and monitoring. NOAA Fisheries also created online tools to help applicants use the new guidance.

“We recognize that growing levels of ocean noise are affecting marine animals and their habitats in complex ways,” said Eileen Sobeck, assistant NOAA administrator for fisheries. “The guidance is one part of NOAA’s holistic approach to addressing effects of ocean noise on marine life.”

NOAA’s authorities to address the effects of ocean noise on marine resources fall primarily under the Marine Mammal Protection Act, Endangered Species Act, National Marine Sanctuaries Act, and Magnuson-Stevens Fisheries Conservation Act. These authorities allow NOAA to recommend or require mitigation in order to reduce or eliminate their predicted noise impacts to species and the places they rely on. NOAA shares this responsibility with a number of other federal agencies.

NOAA released its a broader draft Ocean Noise Strategy Roadmap less than two months ago. The technical document is one example of a step the agency is taking to address increasing levels of ocean noise.

NOAA Fisheries Lists Nassau Grouper as Threatened under the Endangered Species Act

June 30, 2016 — The following was released by NOAA:

NOAA Fisheries has listed Nassau grouper as threatened under the Endangered Species Act due to a decline in its population. The species is in need of more conservation efforts given its population has not yet recovered. A final rule was published in the Federal Register on June 29, 2016  (81 FR 42268) and will become effective on July 29, 2016.

This listing does not change current fishing regulations in the U.S. (including federal waters in U.S. Caribbean territories), as harvest of this species is already prohibited in state, territorial, and federal waters. Commercial and recreational fishing for this species was first prohibited in U.S. federal waters in 1990 when it was listed as a Species of Concern.

Prior to 1990, historical harvest greatly diminished the population of Nassau grouper and eliminated many spawning groups. Because Nassau grouper is a slow growing, late maturing fish, the population has yet to recover despite conservation efforts. In addition, Nassau grouper is still harvested in several Caribbean countries and fishing pressure on the remaining spawning groups continues to threaten the species.

While a threatened listing status does not afford the same strict prohibitions on import, export, and incidental catch that an endangered status does, NOAA fisheries will assess whether to add additional regulatory measures in future rule makings. NOAA fisheries will also organize a recovery team to begin development of a plan to guide the conservation and recovery of the species. The plan will lay out the criteria and actions necessary to ensure species recovery. It will also be used to ensure recovery efforts are on target and being met effectively and efficiently.

NOAA Fisheries Hosts Thorny Skate Extinction Risk Workshop

May 10, 2016 — The following was released by NOAA:

NOAA Fisheries is hosting a Thorny Skate Extinction Risk Workshop to discuss the threats to thorny skates and their risk of extinction.

We are currently evaluating whether thorny skates should be listed under the Endangered Species Act.

Where: Maritime Gloucester, 23 Harbor Loop Road, Gloucester, MA.

When: May 19 from 9 a.m. to 4 p.m.

Goals and objectives:

An extinction risk analysis (ERA) can be used to help evaluate the known or perceived risk to the continued persistence of a species. At the ERA Workshop, participants will review and discuss the information on the threats to thorny skate (Amblyraja radiata) noted in the petition and in the literature, available data sets and models regarding status; and types of ERAs that have been used for other species. A summary of the workshop will be prepared for use by the ERA working group and NOAA Fisheries.

Following the workshop, an ERA working group comprised of invited participants with expertise in thorny skates or other elasmobranchs will review data and analysis on thorny skates and select a method to use to develop an extinction risk assessment for the species. Following the discussion and results of the extinction risk assessment, the ERA working group will document their individual expert opinions and findings related to extinction risk for the species in a report. Both the workshop summary and the ERA working group’s report will be independently peer reviewed and will be used to help inform the listing determination for the species.

Invited Expert Participant Selection Criteria:

Invited working group participants were identified based on their working knowledge and recent experience with one or more of the following: 1) expertise in extinction risk analysis and/or population modeling; and/or 2) expertise in fisheries population dynamics, stock assessments and life history of elasmobranchs; and/or 3) advanced working knowledge of and recent experience developing and running population models with the available thorny skate data. 

Working Group Invited Expert Participants:

  • Tobey Curtis- Greater Atlantic Regional Office
  • Sonja Fordham- Shark Advocates International
  • Jon Hare- Northeast Fisheries Science Center
  • Fiona Hogan- New England Fisheries Management Council
  • John Mandelman- New England Aquarium
  • Katherine Sosebee- Northeast Fisheries Science Center


Webinar:  https://noaaevents.webex.com/noaaevents/onstage/g.php?MTID=e69a831a994ec9befe124bbef780a95d7
Conference Line: 877-710-3752

Participant Code: 7867681