Saving Seafood

Trump Administration Proposes Revamping the Endangered Species Act

July 23, 2018 — A decades-old environmental law credited with saving the American bald eagle from extinction would be reworked under a proposal the Trump administration announced Thursday.

Enforcement of the Endangered Species Act, which seeks to prevent plans and animals from becoming extinct, would be changed to make it is easier to remove species from the list of protected ones. The proposal also makes changes that speed the approval process that federal agencies are required to complete before making changes that could harm endangered species, and would weaken protections for critical habitat.

“We are proposing these improvements to produce the best conservation results for the species while reducing the regulatory burden on the American people,” U.S. Fish and Wildlife Service Principal Deputy Director Greg Sheehan, said in a statement. “One thing we heard over and over again was that ESA implementation was not consistent and often times very confusing to navigate.”

The effort underscores the ways the Trump administration is moving to change bedrock environmental laws in a manner long sought by industry. Last month the administration began the process of overhauling the National Environmental Policy Act which requires environmental reviews on projects ranging from oil fields to highways that require a federal permit. The Environmental Protection Agency, meanwhile, has used industry guidance documents and policy memos to dial back its oversight of air pollution under the Clean Air Act.

Read the full story from Bloomberg at Yahoo! Finance

Rep. Bishop Statement on Department of the Interior’s Proposed ESA Changes

July 20, 2018 — The following was released by the House Committee on Natural Resources:

Today, House Natural Resources Chairman Rob Bishop (R-Utah) issued the following statement in response to the Department of the Interior (DOI) releasing three proposed rules to modernize the Endangered Species Act:

“It’s no secret that modernizing the Endangered Species Act is long overdue. DOI’s proposed rules incorporate public input, innovative science and best practices to improve efficiency and certainty for federal agencies and the public. I commend Secretary Zinke and Deputy Secretary Bernhardt for their excellent leadership on this issue and look forward to working with my colleagues to enshrine these actions into law.”

Background:

DOI’s proposed rules focus on Sections four and seven of the Endangered Species Act, and would address improved consultation processes, changes to critical habitat designations, and issues within the criteria for listing and delisting species. They also incorporate public input and best practices to improve reliability, regulatory efficiency, and environmental stewardship.

Endangered status of Atlantic sturgeon up for review

March 27, 2018 — Federal fishing regulators say they are conducting a five-year review of threatened and endangered populations of Atlantic sturgeon.

Populations of sturgeon are listed as threatened in the Gulf of Maine and endangered in New York Bight, the Chesapeake Bay and off the Carolinas and South Atlantic.

The National Oceanic and Atmospheric Administration says the Endangered Species Act requires the agency to conduct the review to ensure the listings are still accurate. The listings are intended to be based on the best available scientific data.

The Atlantic States Marine Fisheries Commission said last year that a sturgeon stock assessment indicated the population is still very low compared to its historical abundance. They face threats such as climate change, ship strikes and fishing.

Sturgeon suffered overfishing in the 20th century when it was harvested for eggs for caviar.

Shortnose sturgeon are listed under the Endangered Species Act (ESA) as an endangered species throughout their range. Atlantic sturgeon are listed as five distinct population segments with those that hatch out in Gulf of Maine rivers listed as threatened, and those that hatch out in other U.S. rivers listedas endangered.

Once thought to number less than 100 in the Merrimack, the river’s shortnose sturgeon population has been on the rebound, researchers have said. Atlantic sturgeon are also found in the Merrimack, up to the Essex Dam in Lawrence.

Two distinct groups of adults, numbering more than 2,000, inhabit the river. One group includes fish born in Haverhill’s spawning grounds, while the other consists of fish born in Maine rivers such as the Kennebec and Androscoggin, which migrate to the Merrimack.

Researchers say that for much of the year, sturgeon are looking for food in the lower part of the Merrimack — from Amesbury to the Joppa Flats in Newburyport — and live there from November to March.

Haverhill is the only place in the river where sturgeon lay their eggs, and that happens in the spring.

Read the full story at the Gloucester Times

 

NOAA Expands Critical Habitat for Endangered North Atlantic Right Whales

January 26, 2016 — The following was released by NOAA Fisheries:

Using new information not previously available, NOAA Fisheries is expanding critical habitat for endangered North Atlantic right whales to cover its northeast feeding areas in the Gulf of Maine/Georges Bank region and southeast calving grounds from North Carolina to Florida.

This final rule, which was initially proposed in February 2015 and received 261 general comments over a 60-day comment period, does not include any new restrictions or management measures for commercial fishing operations.

North Atlantic right whale mother and calf. Credit: Christin Khan/NOAA

“With two decades of new information and improved understanding since we first designated critical habitat for the species, we believe the expansion will further protect essential foraging and calving areas to further improve recovery of this animal,” said Eileen Sobeck, assistant NOAA administrator for NOAA Fisheries. “We’re making significant progress in reversing the population decline of the species, and are seeing signs of recovery – up to about 500 animals from the estimated 300 in 1994. But we still have a long way to get to complete recovery. “This rule is based on 35 years of aircraft and ship borne surveys of right whale distribution, research into foraging and prey availability to better understand right whale movements and life history. Together, these data provide a far more robust understanding of the factors critical to species recovery. Based on this information and public comments, NOAA scientists and managers determined a critical habitat expansion associated with feeding in the North and calving in the South is necessary for species recovery.

Under the Endangered Species Act, critical habitat within the range of the species consists of areas that contain physical or biological features essential to conservation of the species. The new designation does not create preserves or refuges or any other restrictions that directly affect the public. However, federal agencies conducting, funding or permitting activities in these areas, and project proponents that need federal permits or funding for such activities, are required to work with NOAA Fisheries to avoid or reduce impacts on critical habitat.

Figure 1: Comparison of 1994 and 2016 Right Whale Critical Habitat Designations

Read the final rule, along with comments and responses, as filed in the Federal Register this morning.

Read the whole press release on our website.

Read more about right whales.

After a Century, Shortnose Sturgeon Return to Historic Habitat

November 17, 2015 — The following was released by NOAA Fisheries:

ORONO, Maine – Endangered shortnose sturgeon have rediscovered habitat in the Penobscot River that had been inaccessible to the species for more than 100 years prior to the removal of the Veazie Dam in 2013. University of Maine researchers confirmed evidence that three female shortnose sturgeon were in the area between Veazie (upriver of the dam remnants) and Orono (Basin Mills Rips), Maine in mid-October. Researchers had previously implanted these sturgeon with small sound-emitting devices known as acoustic tags to see if they would use the newly accessible parts of the river.

Among the most primitive fish to inhabit the Penobscot, sturgeon are often called “living fossils” because they remain very similar to their earliest fossil forms. Their long lives (more than 50 years) and bony-plated bodies also make them unique. Historically, shortnose sturgeon and Atlantic sturgeon (a related species also present in the watershed) had spawning populations in the Penobscot River as far upstream as the site of the current Milford dam, and provided an important food and trade source to native peoples and early European settlers. Overharvest and loss of suitable habitat due to dams and pollution led to declines in shortnose sturgeon populations and a listing as endangered under the U.S. Endangered Species Act (ESA) in 1967. In 2012, Gulf of Maine populations of Atlantic sturgeon were listed as threatened under the ESA.  

Today, a network of sound receivers, which sit on the river bottom along the lower river from Penobscot Bay up to the Milford Dam, detect movement and location of tagged fish. According to Gayle Zydlewski, an associate professor in the University of Maine School of Marine Sciences, the three individual fish observed were females. These fish have since been tracked joining other individuals in an area identified as wintering habitat near Brewer, Maine. Wintering habitat in other rivers is known to be staging habitat for spawning the following spring.

“We know that shortnose sturgeon use the Penobscot River throughout the year, and habitat models indicate suitable habitat for spawning in the area of recent detection upriver of Veazie, although actual spawning has not yet been observed,” Zydlewski said.

Since 2006, Zydlewski has been working with Michael Kinnison, a professor in UMaine’s School of Biology and Ecology, and multiple graduate students, including Catherine Johnston, to better understand the sturgeon populations of the Penobscot River and Gulf of Maine. Johnston, who has been tagging and tracking sturgeon in the Penobscot for two years to study the implications of newly available habitat to shortnose sturgeon, discovered the detections of sturgeon upstream of the Veazie dam remnants. Each new bit of information adds to the current understanding of behavior and habitat preferences of these incredible fish. 

“We’re very excited to see sturgeon moving upstream of where the Veazie Dam once stood, and into their former habitats,” said Kim Damon-Randall, assistant regional administrator of the National Oceanic and Atmospheric Administration (NOAA) Fisheries’ Protected Resources Division. “We need to do more research to see how they’re using it, but it’s a tremendous step in the right direction.”

Habitat access is essential for the recovery of these species. The removal of the Veazie Dam is only a portion of the Penobscot River Restoration Project, which, when combined with the removal of Great Works Dam in 2012, restores 100 percent of historic sturgeon habitat in the Penobscot. In addition to dam removals, construction of a nature-like fish bypass at the Howland Dam in 2015 significantly improves habitat access for the remaining nine species of sea-run fish native to the Penobscot, including Atlantic salmon and river herring.   

“Scientific research and monitoring of this monumental restoration effort has been ongoing for the past decade,” said Molly Payne Wynne, Monitoring Coordinator for the Penobscot River Restoration Trust. “The collaborative body of research on this project is among the most comprehensive when compared to other river restoration projects across the country,” Wynne said.

NOAA Fisheries is an active partner and provides funding for this long-term monitoring collaboration that includes The Penobscot River Restoration Trust, The Nature Conservancy and others. These efforts are beginning to shed light on the response of the river to the restoration project. Restoration of the full assemblage of sea-run fish to the Penobscot River will revive not only native fisheries but social, cultural and economic traditions of Maine’s largest river.

After measurement and implantation of a small tagging device, graduate student L. Izzo releases a shortnose sturgeon back into the Penobscot (ESA Permit #16036 compliant, photo courtesy G. Zydlewski).

 

Sturgeon Tag Find Brings NOAA Scientists to California School

October 30, 2015 — A green sturgeon tag is a real find, for a kid on the beach and for NOAA scientists.

Ethan Mora and Liam Zarri, researchers from NOAA’s Southwest Fisheries Science Center in Santa Cruz, woke up early on a recent October morning to gather critical scientific data on green sturgeon. But they weren’t off to some remote research station; they were going to an elementary school in Napa to reward one of the students with $20 for finding a lost satellite tag.

Deja Walker, a third-grade student at Napa Valley Boys and Girls Club, was strolling with her grandparents on Stinson Beach near San Francisco in early October when she noticed some boys throwing around what looked like a toy. When the kids tossed it aside, she investigated and found the nearly foot-long tube offered a reward for its return to NOAA.

What Deja didn’t know was that she had found one of several satellite tags used by NOAA researchers to understand the impact of commercial halibut fishing on green sturgeon, one of nature’s most prehistoric fish.

Green sturgeon are bottom feeders, scavenging on invertebrates and small fish. They can grow to about eight feet in length and live for about 70 years. Although they spawn in fresh water, the adults may travel up and down the West coast from Mexico to Alaska.

Sturgeon have meandered throughout our oceans and rivers since dinosaurs roamed the Earth. But despite their long history, one population of green sturgeon in California may be edging closer towards extinction. The southern population, or those green sturgeon that spawn in the Sacramento River basin, were listed as threatened under the Endangered Species Act (ESA) in 2006 because of the loss of historical spawning habitat.

Read the full story at The Fishing Wire

 

NOAA Fisheries Accepts Petition to List Thorny Skate under ESA

October 26, 2015 — The following was released by NOAA Fisheries:

In response to a petition from Defenders of Wildlife and Animal Welfare Institute (AWI) to list thorny skate (Amblyraja radiata) under the Endangered Species Act, we have prepared a 90-day finding. We accept the petition and are initiating a review of the status of the species.

The petition, which we received in May 2015, requested that we list a “Northwest Atlantic Distinct Population Segment” or a “United States Distinct Population Segment” of thorny skate as threatened or endangered. The petition also requested a designation of critical habitat for thorny skate. 

The petitioners claim that the species numbers have been declining since the 1970s, and that the species is threatened by illegal landings, bycatch and discard mortality, inadequacy of existing regulatory mechanisms (related to fishing), global climate change and hypoxia, and natural stochastic events. 

We will now start a review of the status of the species to determine if listing the species or any potential distinct population segments is warranted. We are asking for public input through the Federal Register notice published today. 

You may submit information or data on this document by either any of the following methods: 

  • Online: Submit information and data via the Federal eRulemaking Portal. Click the “Comment Now” icon, complete the required fields, and enter or attach your comments. 
  • Mail: Submit information and data to Julie Crocker, NMFS Greater Atlantic Regional Fisheries Office, Protected Resources Division, 55 Great Republic Drive, Gloucester, MA 01930, USA.

The deadline for submissions is December 28.

Our determination will be published as a notice in the Federal Register within 12 months.

Questions? Contact Jennifer Goebel, Regional Office, at 978-281-9175 or Jennifer.Goebel@noaa.gov.

Thorny skate. Credit: NOAA/Tobey Curtis

WestPac Opposes ‘Uplisting’ Green Sea Turtle As Endangered

October 21, 2015 — PAGO PAGO, American Samoa – Exiting approach imposing “Western perspective” to protect green sea turtles, which are an integral part of history and culture of the Pacific people, has been ineffective, says Kitty M. Simonds, executive director of the Western Pacific Regional Fishery Management Council [WestPac] in Honolulu.

Simonds’ concerns were outlined in her 13-page letter providing comments and information to the US National Marine Fishery Service’s (NMFS) proposed listing of eleven Distinct Population Segments (DPS) of green sea turtles as endangered or threatened.

“The future of green turtle management is an important issue for the Council given that the species holds cultural and traditional significance throughout the Pacific Islands, including Hawai’i, the Commonwealth of the Northern Mariana Islands (CNMI), Guam, and American Samoa,” Simonds pointed out.

She explained that fisheries managed under the Council’s Fishery Ecosystem Plan (FEP), such as the Hawai’i longline fishery and the American Samoa longline fishery, are known to interact with several populations of green turtles, and the Council recently developed management measures for the American Samoa longline fishery to prevent interactions with green turtles.

According to the executive director, the Council during its June meeting in Honolulu this year reviewed the proposed rule and considered recommendations from its Scientific and Statistical Committee, Protected Species Advisory Committee and Advisory Panel.

From that meeting, the Council recommended, among other things, to provide exemptions to the take prohibitions under the Endangered Species Act (ESA), similar to the management mechanism implemented for ESA-listed salmon species. According to the Council, activities for take exemption should include limited directed take and active population management.

Read the full story at The Samoa News

U.S. Fish & Wildlife Service, AESA Agree: American Eel Population Stable, Not Threatened

WASHINGTON (Saving Seafood) — October 14, 2015 — The following was released by the American Eel Sustainability Association:

The U.S. Fish and Wildlife Service (FWS) has rejected a petition from the Council for Endangered Species Act Reliability (CESAR) to list American eels as “threatened” under the Endangered Species Act (ESA), confirming that the species is “stable” and not in need of Federal protection. The announcement also affirms and reiterates the American Eel Sustainability Association’s (AESA) repeated public statements attesting to the fishery’s sustainable operations, thanks in large part to the sacrifices made by eel fishermen to ensure proactive, responsible resource management.

According to the FWS, “the eel’s single population is overall stable and not in danger of extinction (endangered) or likely to become endangered within the foreseeable future (threatened).” This determination was reached after an extensive review of the most recent scientific data from several federal agencies and independent sources, including the National Oceanic and Atmospheric Administration (NOAA) and the Atlantic States Marine Fisheries Commission (ASMFC).

The Service specifically cited “harvest quotas and mechanisms restoring eel passage around dams and other obstructions” as some of the proactive measures being taken to conserve the species, as well as one of the primary reasons the American eel is not under threat. The FWS also mentioned the species’ wide geographic range, as well as “flexibility and adaptability” in its lifecycle and habitat as reasons for the decision.

This is the second time that the Service has determined that American eel does not require protections under the ESA, first ruling in 2007 that eels were not “endangered.” These repeated findings support AESA’s position that the species is being sustainably harvested, and that current management by the ASMFC is ensuring the health and future viability of the eel stock. Through their adherence to strict quotas and support of responsible management, American eel fishermen have played a key role in maintaining today’s healthy populations.

AESA commends the U.S. Fish and Wildlife Service for its thorough review of American eel, as well as the ASMFC for its proactive management and conservation of the species. AESA will continue to advocate for strong and responsible eel management to safeguard the sustainability for the future.

The American Eel Sustainability Association (AESA) is a leading industry organization focused on the science and management of American eel. For more information about AESA and the American eel fishery, please visit www.americaneel.org.

View a PDF of the release here

American Eel Population Remains Stable, Does not Need ESA Protection: Conservation efforts should continue for long-term species health

October 7, 2015 — The following was released by the Atlantic States Marine Fisheries Commission:

“The Atlantic States Marine Fisheries Commission is encouraged by the U.S. Fish and Wildlife Service’s decision to not list American eel under the Endangered Species Act,” states Commission Chair Dr. Louis B. Daniel, III.  “The Commission, its member states, and federal partners have invested significant resources over the past several years to conduct the first coastwide benchmark stock assessment for American eel. The assessment findings, which were fully endorsed by an independent panel of fisheries scientists, have formed the basis of our current management for American eel. This management program seeks to reduce mortality and increase conservation of American eel stocks across all life stages.  However, given the current depleted status of the resource, there is still considerable work to be done to rebuild American eel. The Commission will continue to closely monitor American eel fisheries and the status of the resource, and make adjustments to the management program as necessary, to ensure stock rebuilding.”

See below for more information on the U.S. Fish and Wildlife’s finding.  

The U.S. Fish and Wildlife Service announced today that the American eel is stable and does not need protection under the Endangered Species Act (ESA). Nonetheless, for the species’ long-term stability, the agency recommends continuing efforts to maintain healthy habitats, monitor harvest levels, and improve river passage for migrating eels.

The life of the American eel begins and ends in the Sargasso Sea in the North Atlantic Ocean. Millions of adult American eels leave waters from as far north as Greenland and south to Venezuela to reproduce in the Sargasso Sea. Hundreds of millions of American eel larvae return from the sea to freshwater, estuarine and marine waters. Their random mating behavior makes eels panmictic, meaning the species is composed of one population worldwide. They are a culturally and biologically important part of the aquatic ecosystems in the Western Hemisphere. American eels have been harvested for thousands of years by Native American cultures, and were an important part of the diet of early colonial settlers.

Today’s decision, also known as a 12-month finding, follows an in-depth status review on a 2010 petition to list the eel as threatened under the ESA. The review was largely based on a biological species report peer-reviewed by the National Oceanic and Atmospheric Administration-Fisheries, U.S. Geological Survey, U.S. Forest Service, the Atlantic States Marine Fisheries Commission’s Eel Technical Committee and academia. After examining the best scientific and commercial information available regarding past, present and future stressors facing the species, the Service determined the eel’s single population is overall stable and not in danger of extinction (endangered) or likely to become endangered within the foreseeable future (threatened).

While American eels still face local mortality from harvest and hydroelectric facilities, this is not threatening the overall species. Harvest quotas and mechanisms restoring eel passage around dams and other obstructions have also reduced these effects. Dam removals, culvert replacements, night-time hydroelectric facility shutdowns, and updated passage structures have restored habitat access in many areas. The Service is working with partners across the range on conservation efforts to ensure long-term stability for the American eel and other migratory fish species. The agency’s Northeast fisheries program alone has removed or improved more than 200 barriers to fish passage since 2009, opening more than 1,200 miles and 12,000 acres of rivers for aquatic wildlife including the American eel. The Service has also secured $10.4 million in Hurricane Sandy resilience funding to restore fish passage through removal of 13 dams in Connecticut, Maryland, New Jersey and Rhode Island.

American eels remain widely distributed throughout much of their historical range, despite habitat loss and reduced numbers over the past century. New information reiterates their flexibility and adaptability by indicating that some eels complete their life cycle in estuarine and marine waters, contrary to former research that suggested eels required freshwater for growing to adulthood.

This is the second time the Service has evaluated the American eel for listing under the ESA and found listing not warranted. The first decision came in 2007 after an extensive status review. This 12-month finding will be published in the Federal Register on October 8, 2015. The finding and supporting documents can be found at http://www.fws.gov/northeast/americaneel/.

More information is available on the American eel website.