Suit filed over Fisheries Management Turtle Kills
Posted on December 16th, 2009 by More Fish in Feedback and DiscussionFor those of you interested in fishery management issues, a copy of the
complaint filed today in federal court against new NMFS rules governing the
swordfish fishery appears on our website, www.environment-hawaii.org. The
complaint is available by clicking on the link featured on our EH-Xtra
column.
In short, regulations governing the fishery that were issued by NMFS on
December 10 allow the fishery unlimited effort — up until the point that
46 loggerhead turtles have been taken (or 17 leatherbacks).
The complaint alleges that the new rules violate not only the Endangered
Species Act, which protects the two species of turtle that interact with
the fishery, but also the Marine Mammal Protection Act and the Migratory
Bird Treaty Act.
Plaintiffs are the Turtle Island Restoration network, Center for
biological Diversity, and KAHEA. They are represented by Paul Achitoff of
Earthjustice.
Patricia Tummons
Entries (RSS)
THE SNORKEL BOB FOUNDATION UNDERWRITES FEDERAL LITIGATION
TO DEFEND SEA TURTLES
HONOLULU—Earthjustice, the nonprofit, public-interest law firm, filed suit this week in Federal District Court against the National Marine Fisheries Service, that last week allowed expansion of the Hawaii longline swordfish fishery—with a dramatic increase in allowable take of threatened and endangered sea turtles.
The Snorkel Bob Foundation of Hawaii today pledged $10,000 to sponsor that litigation.
Robert Wintner, Executive Director of the Snorkel Bob Foundation, said, “The opening line of our mission statement stipulates that we will defend against incidental kill of marine species, so this litigation is compulsory for us. Earthjustice is not a conservation outfit soliciting grant money and selling vague concepts, but a results-oriented law firm. The plaintiffs in this case—Kahea, Turtle Island Restoration Network and the Center for Biodiversity are also proven achievers in the field. We know these organizations and stand firmly beside them.”
Wintner added that this case will highlight outdated ocean management policy—policy that must change to allow for ocean recovery. “The oceans can no longer provide limitless protein for growing human populations. The National Marine Fisheries Service (NMFS) is now part of the National Oceanic & Atmospheric Association (NOAA), a bureau in the Department of Commerce. That means ocean management is based on revenue, and not on recovery. These agencies should be part of the Department of the Interior, where conservation and recovery are primary management factors.”
The Hawaii Longline Association (HLA) originated this recommendation that the swordfish fishery be expanded with a dramatic increase on incidental take of endangered turtles. The HLA wants to catch maximum fish and take more turtles too, as necessary. The HLA recommendation then went to the Western Pacific Regional Fishery Management Council (WESPAC), where vested interest in increased revenue also prevails. WESPAC advanced the recommendation that the swordfish fishery be expanded. WESPAC uses the word “conservation” more than most agencies in its communications, but many of its members and officers are significantly vested in commercial extraction. The WESPAC recommendation then went to NMFS—NMFS has a history of granting WESPAC recommendations.
Wintner summarized the Snorkel Bob Foundation’s motivation. “This effort to disregard and override the evidence—and global consensus—began some time ago, with the wheels of bureaucracy grinding slowly. The Commerce Department employs thirty thousand people, and like a giant ocean liner, it does not change course quickly. Now we have a new administration, with an agenda reflecting long-term management policies for ocean recovery. Now we go to the judicial arena, with Earthjustice representing exactly what it’s named for. I call this money well spent.”