WASHINGTON — The Humane Society of the United States and Ocean Conservancy announced a settlement today with the National Marine Fisheries Service (NMFS) in ongoing litigation concerning the entanglement of endangered whales in commercial fishing gear.
Under the settlement agreement submitted to the Court today, the agency will issue much-needed, and long overdue, protective regulations by October 1, 2007. New regulations have been needed since the 2003 entanglement death of a North Atlantic right whale in fishing gear in New England; an additional seven right whales, 14 humpback whales, and four fin whales have been seriously injured or killed by commercial fishing gear during the last four years that new rules have been languishing.
"This agreement is an important step forward in the ongoing battle to save three species of Atlantic whales that are teetering at the very brink of extinction," said Sharon Young, marine issues field director for The Humane Society of the United States. "Because there are fewer than 350 North Atlantic right whales left in the wild, the issuance of new entanglement rules is absolutely critical."
The plaintiffs filed suit in February 2007 in the District of Columbia District Court, alleging that NMFS was violating the Marine Mammal Protection Act by failing to protect three endangered whale species – North Atlantic right whales, humpbacks, and fin whales – from entanglement in commercial fishing gear. The new rules are expected to require the use of modified fishing gear along the entire East Coast, from Florida to Maine.
"We are pleased that the agency has agreed on a date certain to issue new protective measures for endangered whales in the Atlantic," said Vicki Cornish, director of marine wildlife conservation at Ocean Conservancy. "This agreement will help us move forward on preventing the extinction of these magnificent and highly endangered species."
Facts
- The humpback whale, right whale, and fin whale are all endangered whales whose habitat spans the Eastern Seaboard of the United States from Florida north to Canada.
- Approximately 350 North Atlantic right whales are known to remain in the wild.
- Whales become entangled in fishing gear like gillnets and ropes associated with lobster traps.
- Gear may become wrapped around a whale's fins or flippers, or it can become lodged in the whale's mouth as it feeds. Entanglements can result in either immediate drowning or longer term effects on movements or feeding as a result of dragging the heavy gear.
- Entanglement in fishing gear and collisions with ships are the leading threats to right whales.
- Right whales migrate between their only known winter calving grounds off Georgia and Florida to summer feeding areas in New England and Canada.
- Right whales are slow to reproduce, having only one calf approximately every 3-4 years starting at approximately age 10.
- Humpback whales migrate between winter breeding grounds in the Caribbean and summer feeding areas off the coast of New England.
- Humpbacks give birth to one calf every-other year starting at about age 5. Calves stay with their mothers for a single year.
- Juvenile humpbacks are often seen in the winter off the mid-Atlantic coast of the U.S. where they feed on small schooling fish.
Timeline
- February 12, 2007: The HSUS and Ocean Conservancy file suit against the National Marine Fisheries Service for delaying the issuance of new regulations to protect endangered whales from fatal entanglements in commercial fishing gear.
- June 2005: National Marine Fisheries Service proposes regulations for commercial fisheries along the East Coast that would help protect endangered whales from serious injury and death as a result of entanglement. Despite a legal deadline to finalize rules within 60 days after public comment closes, National Marine Fisheries Service never publishes a final rule.
- November 2002: A female right whale becomes fatally entangled in fishing gear that the National Marine Fisheries Service had determined would likely prevent lethal entanglements. This death caused the agency to admit in 2003 that its plan to reduce entanglements was a failure.
- November 2002 - 2007: seven right whales, 14 humpback whale and four fin whales are seriously injured or killed by commercial fishing gear.
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The Humane Society of the United States is the nation's largest animal protection organization – backed by 10 million Americans, or one of every 30. For more than a half-century, The HSUS has been fighting for the protection of all animals through advocacy, education, and hands-on programs. Celebrating animals and confronting cruelty -- On the web at humanesociety.org.
Ocean Conservancy is the world's foremost advocate for the oceans. Through science-based advocacy, research, and public education, we inform, inspire, and empower people to speak and act for the oceans. The Ocean Conservancy is headquartered in Washington, DC, and has offices in New England, Florida, the Caribbean, Texas, and California with support from more than half a million members and volunteers. www.oceanconservancy.org
