Showing posts with label Steller. Show all posts
Showing posts with label Steller. Show all posts

Thursday, August 27, 2015

NMFS, industry win Steller sea lion case

A federal judge has ruled in favor of the National Marine Fisheries Service and industry in a case in which Oceana and Greenpeace challenged expanded commercial fishing in the Aleutian chain.

Here's the 18-page order.

Wednesday, December 24, 2014

Oceana, Greenpeace sue over sea lions

Environmental groups Oceana and Greenpeace this week filed suit against the National Marine Fisheries Service in a bid to block expanded commercial fishing in the Aleutian chain.

The suit is a reaction to the new federal policy on Steller sea lion protections.

Tuesday, September 25, 2012

Dear Jane

Last month, three independent experts sharply criticized a federal "biological opinion" on the Steller sea lion.

The National Marine Fisheries Service had used the controversial BiOp as the basis for restricting commercial catches in the western and central Aleutians. The intent is to leave more cod and other fish in the water for the endangered Stellers to eat.

The question now is whether the expert reviews will carry any weight in two ongoing forums on the Steller issue.

One forum is the federal courts, where the state and commercial fishing groups are suing in an effort to overturn what they regard as scientifically unsupported fishery restrictions.

The other forum is the federal bureaucracy, as NMFS prepares an environmental impact statement. A judge in January faulted the agency for not doing an EIS prior to imposing the fishing restrictions.

With that as background, here's an interesting letter the Freezer Longline Coalition recently sent to Jane Lubchenco, the Obama administration official who oversees NMFS. The Seattle-based group is among those suing the government, naming Lubchenco herself as a defendant.

In its letter, the group "respectfully" asks Lubchenco to notify the courts of the "new, important, and compelling information" in the expert reviews. It also asks her to "withdraw the BiOp."

Tuesday, September 11, 2012

Steller opportunity for a congressional hearing?

Alaska Sen. Mark Begich, chairman of the Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard, has gotten wind of those independent experts questioning the basis for closing fisheries in the Aleutians to protect Steller sea lions.

Now he wants answers from the National Marine Fisheries Service.

Read the senator's take here.

Wednesday, April 18, 2012

Big news on Steller sea lions

A line in the North Pacific divides the Steller sea lion population into eastern and western "distinct population segments."

This just in from the National Marine Fisheries Service:

April 18, 2012

NOAA proposes removing eastern Steller sea lions from endangered species list; agency seeks public comment

JUNEAU — NOAA is proposing to remove the eastern Steller sea lion, currently deemed "threatened," from the list of endangered wildlife, after a status review by its biologists found the species is recovering sufficiently.

"This proposal reflects the continued recovery of the eastern population of Steller sea lions and the strong conservation partnership among NOAA Fisheries, the states, the fishing industry, and other stakeholders," said NOAA's Fisheries Service Alaska Regional Administrator Jim Balsiger.

More here.

Wednesday, March 21, 2012

Litigation update

Here's a quick update on a couple of big court cases brought against federal fishery regulators.

First, processors challenging the new Central Gulf of Alaska rockfish catch shares program have filed this amended complaint in federal court in Seattle.

You will note that International Seafoods is no longer listed as plaintiff. Now it's just Trident, Westward, North Pacific and Ocean Beauty taking on the feds.

Second, the state as well as several industry groups on Monday signaled they will appeal their recent defeat in the Steller sea lion case.

They contend the National Marine Fisheries Service lacks justification for imposing extensive fishing closures in the Aleutians to protect the endangered marine mammals.

Monday, March 5, 2012

Fishing restrictions to stay in place in Aleutians

Federal Judge Timothy Burgess today declined to lift controversial commercial fishing restrictions the federal government imposed to protect endangered Steller sea lions in the Aleutians.

But the judge, in a 13-page ruling, gave the National Marine Fisheries Service a March 2, 2014, deadline to complete an environmental impact statement.

Burgess, as you might recall, in January held that NMFS should have done the EIS before imposing the fishing restrictions.

Thursday, February 9, 2012

State, industry ask judge to lift Steller restrictions

We have a flurry of new filings in the Steller sea lion case.

As you'll recall, federal Judge Timothy Burgess last month upheld commercial fishing restrictions the National Marine Fisheries Service imposed to protect endangered Steller sea lions in the Aleutians.

However, the judge found that NMFS violated environmental law in taking the action.

He invited parties on all sides of the case to file further input on how to proceed.

The state of Alaska and industry groups want Burgess to lift the fishing restrictions while NMFS prepares an extensive environmental study. Read their filing here.

NMFS says the restrictions should stay in place while it does the study, which could take two years.

Well, sounds like we can look forward to another big ruling from Judge Burgess.

Monday, January 23, 2012

Industry group sees silver lining in sea lion ruling

Here's a press release from the Marine Conservation Alliance:

Jan. 20, 2012

MCA applauds portion of ruling in Steller sea lion case

A victory for open, transparent fishery management process

The Marine Conservation Alliance applauds a judge's ruling in the Steller sea lion lawsuit as a victory for those seeking a more open decision-making process in application of the Endangered Species Act.

In his ruling Thursday, U.S. District Judge Timothy Burgess found that the National Marine Fisheries Service violated the National Environmental Policy Act by failing to prepare an environmental impact statement and provide the public with sufficient opportunity to comment when the agency determined additional fishery closures were required to protect endangered Steller sea lions.

"Although western Aleutian Islands fisheries involved in this lawsuit begin the season with fishing restrictions in place, we are pleased that the court acknowledged that there were flaws in the NMFS process which should now be corrected," said Merrick Burden, executive director of MCA, a coalition of harvesters, processors and communities involved in Alaska groundfish and crab fisheries.

The court deferred to the technical expertise of the federal agency in finding that it had properly applied Endangered Species Act standards in its determination that some of the fisheries conducted in the Aleutian Islands region of Alaska could jeopardize the recovery of endangered Steller sea lions.

The state of Alaska and affected fishing companies initiated legal action to halt additional fishery closures because endangered Steller sea lion populations overall have been increasing and are estimated to exceed 50,000 animals in the U.S. and another 25,000 animals in Russia. The legal action challenged the scientific basis for the agency determination and the process used to make that decision.

With regard to the NEPA violation, Judge Burgess has indicated he will enter an injunction requiring NMFS to prepare an EIS in compliance with NEPA procedures, allow for public comment and provide meaningful responses to comments on the draft EIS. The court will set a deadline for that action. All parties in the case have until Feb. 8 to file further briefs to address remedies in the case.

Considerable debate remains about the cause of the population decline, including predation by killer whales and nutritional stress caused by climate change or competition for prey with fisheries.

Friday, January 20, 2012

NMFS reacts to sea lion decision

Here is a statement from the National Marine Fisheries Service, Alaska Regional Office, on the Steller sea lion ruling:

"Overall, we are pleased with the court's decision, which supports the science-based foundations of the fishery management regulations we have worked to put in place to protect the western Steller sea lion," said Alaska Regional Administrator Jim Balsiger. "Going forward, NOAA Fisheries will work with the Department of Justice to comply with the Court's request for briefing on a remedy in regards for the need for an environmental impact statement."

"We are certainly most sympathetic to the plight of fishermen in these trying times," Alaska Fisheries Science Center Director Doug DeMaster added. "A healthy ecosystem is in the long-term interest of fishermen, who depend more than most industries on natural resources. We are looking forward to working with our partners and the North Pacific Fishery Management Council to maintain healthy, robust ecosystems for the long-term economic benefit of fishers in Alaska."

Thursday, January 19, 2012

Conservationists hail Steller sea lion ruling

Deckboss reckons we'll hear quite a bit of reaction to the big Steller sea lion ruling. Here's the first of it, from conservation group Oceana:

Jan. 19, 2012

Steller sea lion protections in Aleutian Islands upheld

Today, the U.S. District Court for the District of Alaska upheld protections for the western population of Steller sea lions. The new measures were put in place by the National Marine Fisheries Service to reduce competition between large-scale commercial fisheries and endangered Steller sea lions in the Aleutian Islands.

"It's a good day for our oceans," said Susan Murray, Oceana's senior director, Pacific. "This decision shows that responsible management requires steps to protect healthy ocean ecosystems including sustainable fisheries and vibrant communities. We are moving away from managing single species money fish and toward ecosystem-based management that takes into account the needs of apex predators in our oceans."

The court found that the agency based its decision on good science and, with one exception, followed appropriate process. According to the court, the agency did not comply with the law in failing to prepare a full environmental impact statement.

"Today's decision validates the agency's use of the best science to protect our oceans," said Colin O'Brien, staff attorney at Earthjustice. "The next step is a full evaluation of the impacts of fisheries on ocean ecosystems, including Steller sea lions."

Oceana and Greenpeace, represented by Earthjustice, intervened in the lawsuit to defend the new measures.

The parties will submit briefing on the scope of the new environmental impact statement by Feb. 8. The court indicated that protections will remain in place while the new analysis is prepared.

Another note on the sea lion ruling

The judge indicates on page 54 of his decision that despite the failure of federal fishery regulators to prepare an environmental impact statement, he will not vacate, or lift, the fishing restrictions opposed by industry and the state.

The gist of the Steller sea lion ruling

Here is the judge's overall finding in the Steller sea lion case:

As discussed in detail below, although the Court sympathizes with the Plaintiffs and Amici Curiae, who stand to suffer large economic and other losses as a result of the fishery restrictions, "judges are not scientists." The Court must defer to the technical expertise of the agency as long as there is a rational connection between the evidence and its conclusions. In this case, the Court finds that NMFS did not apply improper ESA standards and that the evidence, although equivocal, was sufficient to support its conclusions that the fisheries were likely to jeopardize the continued existence of the WDPS and adversely modify its critical habitat. Additionally, although the procedures NMFS employed to comply with its obligations under the APA and MSA were far from ideal, the Court nonetheless concludes that they were adequate under the law. The Court does find, however, that NMFS violated NEPA by failing to prepare an environmental impact statement and provide the public with a sufficient opportunity to weigh in on its decision-making process.

Here's a mini-glossary for all those acronyms:

APA — Administrative Procedure Act
ESA — Endangered Species Act
MSA — Magnuson-Stevens Fishery Conservation and Management Act
NEPA — National Environmental Policy Act
NMFS — National Marine Fisheries Service
WDPS — Western Distinct Population Segment of Steller sea lions

Judge sides with government in Steller case

A federal judge has ruled substantially in favor of the National Marine Fisheries Service, and against industry groups and the state, in a case involving commercial fishing restrictions the agency imposed to protect endangered Steller sea lions in the Aleutians.

Here is the 56-page ruling from Judge Timothy M. Burgess of Anchorage.

Friday, December 23, 2011

Counsel, I have a few questions...

On Wednesday afternoon, a bunch of attorneys met in a federal courtroom in Anchorage to argue the lawsuit over fishing restrictions imposed in the Aleutians to protect endangered Steller sea lions.

Deckboss, somewhat thankfully, was unable to attend the hearing.

While the case involves mountains of scientific data and legal briefs, the essential conflict really is very simple. The state and the industry don't feel the costly fishing restrictions are justified. The National Marine Fisheries Service, which is being sued, feels otherwise.

Shortly before Wednesday's proceedings began, something unusual happened. Judge Timothy Burgess filed a list of questions for lawyers to address during the hearing.

Here are some examples, and I paraphrase somewhat:

• Doesn't the plain language of the Endangered Species Act suggest that, if anything, NMFS has to err on the side of assuming a causal relationship exists between the fisheries and the sea lion population?

• Although it took five years for NMFS to determine the fisheries jeopardized sea lions in the Aleutians, the agency skirted the normal public notice and comment process and hurriedly imposed the fishing restrictions. What was the emergency? Why couldn't NMFS have taken another few months to collect comments given that it had already taken five years?

• Why didn't NMFS issue a full environmental impact statement, as it had done on past occasions? Was it just rushing to complete the process in order to protect itself against litigation from Oceana and Greenpeace?

Of course, one must be careful not to read too much into the judge's questions. But they are fascinating, no?

Monday, November 28, 2011

Courtroom showdown coming in Steller case

Deckboss is sure you've not forgotten that the state as well as a big segment of the Alaska fishing industry are suing the National Marine Fisheries Service.

At issue are commercial fishing restrictions NMFS put into place this year along the Aleutian chain to protect the endangered Steller sea lion.

The state and the industry argue the restrictions are unnecessary, and don't reflect sound science.

Each side has filed reams of paper arguments in the case.

Now opposing lawyers are preparing to duel in person before federal Judge Timothy Burgess of Anchorage. According to this order from the judge, oral argument will begin at 1 p.m. Dec. 21.

This hearing could be crucial in deciding a case in which fish harvests worth millions of dollars are at stake — not to mention the credibility of NMFS and the well-being of the Stellers.

Monday, October 17, 2011

Was this anything?

The House Natural Resources Committee today held a hearing in Seattle on how "unsubstantiated" federal science on the Steller sea lion is jeopardizing Alaska's fishing industry.

Here's a one-sided and rather sloppy press release from the committee majority — the headline references "Stellar" sea lions, and quotes "Doug Vincent-Land of the Alaska Department of Fish and Wildlife." Uh, that would be Doug Vincent-Lang of the Alaska Department of Fish and Game.

The chairman of the committee is Rep. Doc Hastings, R-Wash.

In September, Hastings held a similar hearing stacked with witnesses urging oil exploration in the Arctic National Wildlife Refuge. Environmentalists called that hearing "political theater."

One wonders which will happen first: the National Marine Fisheries Service saying nevermind on fishing restrictions meant to protect an endangered species, or drilling rigs poking holes in ANWR.

Thursday, July 28, 2011

Back with bits and pieces

Deckboss apologizes for his silence the past few days. Had some nonfish business to deal with.

To catch up, here are a few news nuggets I'm sure you'll find interesting.

• The Copper River District has produced a catch of 2 million sockeye so far this season, which is pretty awesome. Gillnetters managed only about 636,000 last year.

• The Prince William Sound shrimp pot fishery will close for the season at 10 p.m. Friday. Why? Because shrimpers by then are expected to max out the 52,760-pound quota. Last year's harvest came in at 45,349 pounds, well short of the 55,000-pound limit.

• The Norton Sound red king crab fishery also will close Friday, at noon. Crabbers are expected to hit the 331,150-pound quota by then.

• We know more now about the outcome of the big Togiak sac roe herring fishery back in May. The Alaska Department of Fish and Game puts the total value of the huge 22,699-ton harvest at about $2.3 million, based on an estimated grounds price of $100 per ton. Last year, Togiak herring paid $150 per ton, not counting any post-season adjustments.

• I haven't read it yet, but here's an independent review the states of Alaska and Washington commissioned on the recent federal biological opinion regarding commercial fishing effects on endangered Steller sea lions. The BiOp resulted in the closure of significant fishing grounds out the Aleutian chain — and provoked an ongoing lawsuit.

Tuesday, June 7, 2011

A marine mammal whodunit

The federal fish cops are investigating the possible illegal killing of marine mammals near Skagway.

"Since January, the carcasses of two Steller sea lions and three harbor seals have been discovered," the National Marine Fisheries Service said in a press release issued yesterday.

"Of the five deceased mammals, four showed signs of head trauma, and a bullet was recovered from one harbor seal skull during a necropsy."

Read more here.

Sunday, May 8, 2011

Motion denied

A federal judge has denied the Aleut Corp.'s motion to intervene in the Steller sea lion lawsuit.

The state and various industry groups are suing the federal government in hopes of killing new restrictions on cod and Atka mackerel fishing along the Aleutian chain. The restrictions are meant to preserve food for the endangered Stellers.

U.S. District Judge Timothy Burgess ruled that Aleut, which opposes the fishing restrictions, missed the deadline to join the suit as an intervenor.

However, the judge is allowing Aleut a say in the case as a "friend of the court."