Saving Seafood

White House starts key ESA ‘critical habitat’ review

March 14, 2022 — The Fish and Wildlife Service this week stepped closer toward erasing a Trump administration rule that crimped the Endangered Species Act’s definition of “critical habitat.”

On Tuesday, records show, the federal agency, along with NOAA Fisheries, submitted a long-awaited ESA rule for final White House review. Once the Office of Information and Regulatory Affairs has done its thing, it will be go time for one of the environmental community’s priorities.

“The Endangered Species Act has saved hundreds of irreplaceable plants and animals from extinction, but it could be doing so much more good,” Stephanie Kurose, a senior policy specialist at the Center for Biological Diversity, said in a statement.

Kurose added that “despite the law’s remarkable success, the services have been reluctant to fully implement it, succumbing to years of political and industry pressure to weaken what is the only hope for imperiled species.”

On Tuesday, the same day the federal agencies handed the ball to White House reviewers, the Center for Biological Diversity filed a sweeping petition urging FWS and NOAA Fisheries to take a variety of actions.

Read the full story at E&E News

 

Feds say pesticide won’t destroy species

March 9, 2022 — The Fish and Wildlife Service has concluded that the pesticide malathion does not jeopardize threatened and endangered species or their habitat.

In a much-awaited study that’s drawing sharp criticism from environmentalists, the federal agency backed off its most recent draft conclusion that the registration of malathion for use was likely to threaten 78 species and destroy or adversely modify 23 critical habitats (Greenwire, April 21, 2021).

“The Biden administration has squandered a historic opportunity to rein in the dangerous use of one of the world’s worst neurotoxic pesticides,” Lori Ann Burd, environmental health director at the Center for Biological Diversity, said in a statement today.

Burd noted that NOAA Fisheries recently released its own updated biological opinion that determined malathion and two other organophosphate pesticides jeopardize endangered U.S. salmon, sturgeon and steelhead species, as well as Puget Sound orcas.

Read the full story at E&E News

Environmental groups say they’ll sue over green sea turtle habitat

August 15, 2019 — The United States should designate more critical habitat for the endangered green sea turtle, according to three environmental groups that say they will sue the government to force it to declare additional protected areas.

The groups filed a formal notice of intent Tuesday to sue the Fish and Wildlife Service and Acting Secretary of the Interior David Bernhardt. The plaintiffs are the Center for Biological Diversity, Sea Turtle Oversight Protection and Turtle Island Restoration Network.

The lawsuit notification comes as the Trump administration announced major changes to the enforcement and rule-making surrounding the Endangered Species Act. The new rules are to take effect 30 days after the administration publishes them in the Federal Register, but they only will impact new decisions.

Read the full story at UPI

House committee passes act giving FWS authority over certain endangered species

May 18, 2018 — A U.S. House of Representatives committee has given its approval to a bill that proponents claim would eliminate redundancies in the Endangered Species Act and put the Fish and Wildlife Service in charge of safeguarding fish that migrate between fresh and ocean waters.

The Federally Integrated Species Health (FISH) Act passed the Natural Resources Committee on Wednesday, 16 May by a 22-14 vote. It now proceeds to the House floor.

Currently, endangered species responsibilities are shared between FWS, which resides in the Interior Department, and the National Marines Fisheries Service, which is under the purview of the Department of Commerce. U.S. Rep. Ken Calvert (R-California), the bill’s primary sponsor, said it doesn’t make sense for two agencies to share oversight.

Read the full story at Seafood Source

 

US lawmaker rekindles talk of moving NOAA endangered species power to Interior

April 13, 2018 — WASHINGTON — Legislation that would have the National Oceanic and Atmospheric Administration (NOAA) hand its Endangered Species Act (ESA) authority over salmon and other fish to the Department of Interior (DOI) got a little dust kicked up around it on Thursday.

US representative Doug Lamborn, a Colorado Republican, suggested lawmakers take a fresh look at the Federally Integrated Species Health Act (FISH Act), HR 3916, at the beginning of a nearly two-hour hearing of the Natural Resources Committee’s panel on water, power and oceans that he chairs. The hearing was intended to discuss the fiscal 2019 budgets for NOAA and other agencies.

“Whether it comes to offshore fishing or management of fish species listed under the Endangered Species Act, NOAA has been a source of frustration for many of our constituents over the years,” Lamborn said. “… Both [Interior’s] Fish and Wildlife Service and NOAA have direct jurisdiction over the ESA and have struggled to harmonize their views on protected species management. It’s time for a holistic approach on managing these species.”

Read the full story at Undercurrent News

 

The ESA Litigation Cartel

Americans Become Less Litigious as Frivolous ESA Litigation Quintuples

August 29, 2017 — The following was released by The Scope, a newsletter by the House Committee on Natural Resources:

According to recent polling from Public Opinion Strategies, 87% of voters agree that there are too many lawsuits filed in America. In fact, “Americans, reputed to be the most litigious people in the world, are filing far fewer lawsuits.” However, despite these developments, suits from fringe elements of the national environmental lobby are growing more rampant.

Here’s the good news: in 1993, 10 out of every 1,000 Americans filed a tort lawsuit. In 2015, that number declined to 2 out of 1,000 Americans filing suit. By contrast, environmental litigation, especially cases filed under the Endangered Species Act (ESA), has experienced a sustained spike.

ESA has been abused by a small group of deep-pocketed special interest litigants to enforce their own policy preferences and to line the pockets of their attorneys and organizations. The ESA imposes no cap on attorneys’ fee awards that these special interest plaintiffs can recover from the federal government. The absence of such a cap was originally designed to ease the financial burden on citizens protecting themselves against federal actions. But when wealthy ideological groups repeatedly abuse the law in order to enrich themselves with taxpayers’ money, where do we draw the line?

As the Committee continues its work to improve and modernize the ESA, it’s a question worth asking.

Curtailing Species Recovery

ESA Litigation Cartel Fact #1: Two litigious environmental groups alone – WildEarth Guardians and Center for Biological Diversity – have filed over 1,500 lawsuits since 1990. That’s one new paralyzing lawsuit filed roughly every week over the past three decades from just two so-called “environmental” organizations.

Outcome: Valuable taxpayer resources are drained from actual species recovery – the very purpose of the ESA in the first place – to line the pockets of a few large-scale litigants.

Drowning Resources from the Fish and Wildlife Service (FWS) 

ESA Litigation Cartel Fact #2: ESA-related sue-and-settle agreements quintupled during the Obama administration compared to previous administrations. In 2011, as part of a “mega-settlement” with the same two environmental groups, the FWS agreed to review over 250 species as well as actions impacting 1,053 species without public review or state input.

Outcome: Consequently, FWS devoted nearly all of its species petition and listing budget to comply with lawsuits, siphoning valuable taxpayer resources away from actual species recovery.

Costing the Taxpayer Millions

ESA Litigation Cartel Fact #3: Federal agencies have paid out $30 million for ESA-related litigation since 2009, and the Department of the Interior alone has shelled out $14 million on ESA-related attorney’s fees in the same time frame.

Outcome: Between 2009 and 2012, “sue and settle” agreements between environmental groups and the federal government resulted in over 100 new regulations with more than $100 million in annual compliance costs and – once again – more resources shifting away from actual species recovery.

ALASKA: The next generation of ocean specialists

November 28, 2016 — Alaska’s university system is ramping up programs to train the next generations of fishery and ocean specialists — and plenty of jobs await.

Since 1987, the College of Fisheries and Ocean Science, or CFOS, at the University of Alaska Fairbanks has offered undergraduate and graduate degrees in Fisheries Science, complete with paid internships to help prepare them for positions in the state’s largest industry.

“It’s a degree path preparing students for what I call fish squeezers — they’re going to go to work for the Alaska Department of Fish and Game, or NOAA, the U.S. Fish and Wildlife Service or some other type of agency where they’re going to be primarily out doing field work, traditional fish biologist types,” said Trent Sutton, a Professor of Fisheries Biology and Associate Dean of Academics.

Due to student interest, the college broadened the fisheries degree this fall to include ocean sciences, and opened more oceanography and marine biology classes to undergraduate students. The new degree combo program attracted 53 students, Sutton said.

The college also is a center for ocean acidification studies, which is a big student draw.

“You hear all the concerns regarding climate change and marine mammals and fisheries and sea ice — all of those garner interest from students because there are job opportunities down the road to deal with these issues,” Sutton explained.

The CFOS also is the only school in the nation to offer a Bachelor of Arts degree in fisheries for students interested in seafood sciences and technology, and marine policy. Another focus of the B.A. track is in rural and community development where students can get the degree at home.

“A student in Bethel or Dillingham can stay home and take 100 percent of their courses either through video conferences or online or by some other distance delivery technology. They can get a degree that is tied to fisheries and it will help them have a good career and become leaders in their communities,” Sutton said.

Read the full story at the Alaska Journal of Commerce 

CALEB MCMAHAN: Expanding the Papahanaumokuakea Marine National Monument Would Set A Dangerous Precedent

August 12, 2016 — The National Oceanographic and Atmospheric Administration and U.S. Fish and Wildlife Service recently held a public meeting to discuss the proposed expansion of the Papahanaumokuakea Marine National Monument.

Proponents of the expansion stand behind the request of Hawaii Sen. Brian Schatz and a group of seven Native Hawaiians for President Barack Obama to consider invoking the Antiquities Act of 1906 to expand the existing 50 mile monument boundary four-fold. The new monument would include nearly all of the Exclusive Economic Zone surrounding the Northwestern Hawaiian Islands and a whopping 60 percent of the greater Hawaiian Islands EEZ.

Proponents argue that the expansion is necessary and justified on a variety of accounts. But the invocation of the Antiquities Act would mean that nearly 1.3 million square kilometers of U.S. waters would be made off-limits to American fishermen without public review or scientific analysis of the impacts or potential benefits.

Given the permanence of such a designation and the ramifications for the affected user groups, it’s no surprise that the recent meeting included a lively debate between those for and against expansion.

Read the full story at the Honolulu Civil Beat

Meetings in Hawaii Set On Marine Monument

July 19, 2016 — It’s official. The National Oceanic and Atmospheric Administration and the U.S. Fish and Wildlife Service have scheduled two public meetings next month on the proposed expansion of Papahanaumokuakea Marine National Monument.

As Civil Beat reported last week, the feds want public input on U.S. Sen. Brian Schatz’ proposal to expand the monument around the Northwestern Hawaiian Islands from its current 50-mile boundary out to the full 200-mile limit that’s under exclusive U.S. control.

“It’s really important for people to have an opportunity to be heard,” Schatz said in a statement Monday. “I am grateful to President Obama and his Administration for accepting my invitation to hear directly from Hawai‘i residents before making any decisions.”

Read the full story at the Honolulu Civil Beat

Farmers Pitted Against Fishermen in House

July 13, 2016 — The plan to buoy historically low salmon populations imperiled by California’s historic drought made for a contentious hearing Tuesday on Capitol Hill. House Republicans accused federal agencies of depriving farmers of water while the Golden State’s reservoirs sit full.

The U.S. Fish and Wildlife Service and the National Maine Fisheries Service teamed up for the drought proposal debated at this morning’s hearing of the House Subcommittee on Water, Power and Oceans.

Though recent El Nino storms have left the state’s largest reservoirs full, the contentious plan calls for less water to be pulled from California’s largest reservoir, Shasta Lake, to preserve cold-water supplies needed to keep the Sacramento River at or below 56 degrees this fall.

Warm water in the Sacramento River has contributed to devastatingly high mortality rates of juvenile winter run Chinook salmon over the last several years, but the U.S. Bureau of Reclamation has complained that the plan could block federally contracted water deliveries without much warning.

Jeff Sutton, manager of the Tehama-Colusa Canal Authority in Northern California, told Congress the move would cripple harvests.

This year’s wet winter encouraged the planting of additional crops, Sutton said, with farmers expecting to receive their full-contracted water allotments for the first time in several years.

Read the full story at Courthouse News