Defenders' Experts
Right Whale Entanglement
Date Filed: 09/15/2008
Case Status: Victory
The Humane Society of the United States v. Gutierrez
Challenge to the National Marine Fisheries Service’s decision to delay regulations requiring the use of fishing gear designed to protect highly endangered North Atlantic right whales. NMFS decided to delay implementation of regulations requiring the use of sinking groundlines that would minimize the risk of entanglement, and allowed other interim protections to expire, leaving right whales completely unprotected for groundline entanglement for six months.
On September 15, 2008, Defenders and The Humane Society of the United States (HSUS) sought a preliminary injunction in D.C. District Court to prevent the rollback of protections in Seasonal Area Management and Dynamic Area Management programs until the final sinking groundline rule was implemented. On September 26th, Judge Huvelle ruled from the bench, finding an "overwhelming" risk of entanglement to right whales when whales and risky fishing gear share the same waters, reinstating protections previously found necessary to avoid the risk of jeopardy to the species. On April 5, 2009, the broad based sinking groudline rule went into effect, providing coast-wide protection for right whales from entanglement in groundlines.
Species Background:
With an estimated 350 North Atlantic right whales remaining, the species remains on the precipice of extinction. The whales make their home off the east of United States from Maine to Florida, spending a considerable amount of time in waters traversed by thousands of ships and blanketed with fishing gear. As a result, the whales are continuously threatened with ships strikes and entanglement. Indeed, the National Marine Fisheries Service (NMFS) has concluded that entanglement in fishing gear and ship strikes are “the principal factor[s] believed to be retarding growth and recovery of the population.” When whales become entangled, the fishing lines can over time cut into the whales’ blubber, causing deep cuts that sometimes even severing body parts from the tight wraps, as well as starvation when the entangling gear affects the whales’ mouths. Since 2002, at least a dozen whales have become seriously injured or died from entanglement in fishing gear, particularly floating groundlines that fisherman use between lobster and crab pots.
Case Background:
In 2000, NMFS amended the Atlantic Large Whale Take Reduction Plan to require seasonal and dynamic management measures that would close fisheries or require modified gear in timea dn areas where there are high concentrations of whales. However, even after these measures were implemented, eight right whales were found entangled in 2002. The Humane Society of the United States and Ocean Conservancy brought suit in 2007, seeking a strengthening of Take Reduction Plan requirements. In October 2007, NMFS complied, issuing a rule to replace seasonal and dynamic management, requiring all trap/pot fisheries along the Atlantic coast to use sinking groundline, rather than the more dangerous floating groundlines. However, the agency delayed the implementation of the final rule until April 5, 2009, ostensibly to give the fishing industry time to procure the new fishing gear. In the meantime, the DAM program expired in April of 2008, and the SAM program was scheduled to expire in October 5, 2008, leaving right whales without any protections from entanglement in groundlines.
Related documents:
Co-filers:
Humane Society of the United States
