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Thursday, July 7, 2016
Feds Sued for Failure to Protect Imperiled Marine Species

Fisheries Service Long Overdue on Legally Required Endangered Species Act Determinations
Contact: Taylor Jones, (720) 443-2615, tjones@wildearthguardians.org

Washington, DC—YesterdayWildEarth Guardians filed suit against the National Marine Fisheries Service (FisheriesService) for failing to make timely Endangered Species Act (ESA) determinationsfor five imperiled marine species.

“Rare species includingthe Caribbean electric ray and porbeagle shark continue to decline while awaitingprotections from the Fisheries Service,” said Taylor Jones, endangered speciesadvocate for WildEarth Guardians. “We’re asking the agency to take action and ensurethese rare species are on the road to recovery.”

The FisheriesService is overdue on making decisions, commonly referred to as 12-monthfindings, on whether five marine species—the Caribbean electric ray, porbeagleshark, Hector’s dolphin, common guitarfish, and blackchin guitarfish—are warrantedfor ESA protections. These determinations are legally required under the ESA inresponse to petitions submitted by WildEarth Guardians.

Guardians petitioned for listing of the Caribbean electric ray andporbeagle shark in 2010, and submitted a petition to list 81 marine species andsubpopulations—including Hector’s dolphin, common guitarfish, and blackchinguitarfish—in July of 2013, due to the significant threats to our oceans. Eachof the species received initial 90-day positive findings.

“Time is of the essence for these imperiled species; they needimmediate protections,” said Sarah McMillan, senior attorney for WildEarthGuardians. “Unfortunately, the Fisheries Service continues to drag its feet,further increasing the species’ extinction risk and ignoring the ESA’s generousbut firm timelines for decisions, by years in some cases.”

An estimated50-80 percent of all life on earth is found in the oceans. More than half ofmarine species may be at risk of extinction by 2100 without significantconservation efforts. Despite this grave situation, the U.S. largely fails toprotect marine species under the ESA. Of the over2,200 species protected under the Act, only approximately 6 percent are marinespecies.Recognizing the decline of ocean health, on July 22, 2010 President Obamaissued an Executive Order requiring agencies, including the Fisheries Service,to “protect, maintain, and restore the health and biological diversity ofocean… ecosystems,” and to “use the best available science and knowledge toinform decisions affecting the ocean.”

Protection underthe ESA is an effective safety net for imperiled species: more than 99 percentof plants and animals protected by the law exist today. The law is especiallyimportant as a defense against the current extinction crisis; species aredisappearing at a rate much higher than the natural rate of extinction due tohuman activities. Scientists estimate that 227 species would have gone extinctby 2006 if not for ESA protections. Listing specieswith global distributions can both protect the species domestically and helpfocus U.S. resources toward enforcement of international regulation andrecovery of the species.

Read thecomplaint here.

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Caribbean electric ray (Narcine bancroftii). True to its name, theCaribbean electric ray produces 14 to 37 volts of electricity: not enough toharm a human, but enough to stun prey or shock predators. Populations havedeclined by up to 98 percent in the Northern Gulf of Mexico since 1972. Thesesmall, slow-swimming rays are caught accidentally in fisheries targeting otherspecies, primarily shrimp.

Porbeagle shark (Lamna nasus).The Northwest Atlantic population of porbeagle sharks declined 90 percent since1961 due to heavy fishing pressure. Shark meat is highly valued and they arealso fished for their fins, hides, and livers. In September 2014, the partiesto the Convention on InternationalTrade in Endangered Species of Wild Fauna and Flora(CITES) listed porbeagle sharks under Appendix II, which puts increasedrestrictions on international trade in exploited species.

Hector’s dolphin (Cephalorhynchus hectori). Hector’s dolphin isendemic to New Zealand, with the second most limited range of any cetacean.These rare dolphins are found in shallow coastal waters, almost always withineight miles of shore and at depths of fewer than 300 feet. Accidental entanglementin fishing nets and gear is the most serious threat to the dolphins. Boatstrikes, disease, and pollution may also contribute to the extinction risk ofthis small population, which numbers approximately 7,400.

Common guitarfish (Rhinobatos rhinobatos). This species is foundin the Atlantic from the southern Bay of Biscay southward to Angola, and in thesouthern and eastern waters of the Mediterranean. The common guitarfish isthreatened by fishing and habitat degradation in its nursery grounds.

Blackchin guitarfish (Rhinobatos cemiculus).Blackchin guitarfish are found in marine and brackish waters from the northerncoast of Portugal to Angola, and throughout coastal Mediterranean waters.Substantial fishing pressure has already led to population declines andextirpation from some areas. Existing regulations do not protect the species.