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Wednesday, April 27, 2016
Feds Warned They’ll be 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—TodayWildEarth Guardians warned the National Marine Fisheries Service (Fisheries Service)that it must meet its obligations to move forward on Endangered Species Act(ESA) determinations for six marine species or face legal action.

“It’s the FisheriesService’s job to protect imperiled species, but the agency is failing tosafeguard at-risk species in a timely manner,” said Taylor Jones, endangeredspecies advocate for WildEarth Guardians. “Rare species such as the Caribbeanelectric ray and the porbeagle shark continue to decline while the FisheriesService drags its feet.”

The FisheriesService is overdue on making 12-month ESA listing decisions on whether fivemarine species—the Caribbean electric ray, porbeagle shark, Hector’s dolphin,common guitarfish, and blackchin guitarfish—are warranted, not warranted, or“warranted but precluded” by other priorities for protections under the ESA,and to publish a final listing rule for the Nassau grouper, which was proposedfor listing as “threatened” in September, 2014. These determinations arelegally required under the ESA in response to petitions submitted by WildEarthGuardians.

Guardians petitioned for the Caribbean electric ray, porbeagleshark, and Nassau grouper in 2010, and submitted a petition to list 81 marinespecies and subpopulations—including Hector’s dolphin, common guitarfish, andblackchin guitarfish—in July of 2013 due to the significant threats to ouroceans. Each of the species received initial 90-day positive findings.

“Protecting our oceans is a race against time,” continued Jones. “Recentfindings that 93 percent of the Great Barrier Reef is suffering from bleachingunderscore the urgency of taking action now to protect our oceans.”

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 2,258species protected under the Act, only 139 (~6 percent) are marine species.Recognizing the decline of ocean health, on July 22, 2010 President Obamaissued an Executive Order requiring agencies, including the National MarineFisheries Service, to “protect, maintain, and restore the health and biologicaldiversity of ocean… ecosystems,” and to “use the best available science andknowledge to inform decisions affecting the ocean.” Guardians’ multi-speciesmarine petition seeks to compel the Fisheries Service to live up to thismandate.

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.

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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 about 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. It is threatened by fishingand 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.

Nassau grouper (Epinephelus striatus).Nassau groupers live in coral reefs in the western North Atlantic from Bermuda,Florida, and the Bahamas to the Yucatan Peninsula and throughout the Caribbeanto southern Brazil, including occasional sightings in the Gulf of Mexico. Theycan grow up to four feet in length live up to 29 years. Though normallysolitary reef-dwellers, they form large spawning aggregations (from a few dozento historically over 100,000 individuals) on or near full moons betweenDecember and March. Unfortunately, these aggregations are vulnerable tointensive fishing since they are always in the same place at the same time.Often, the discovery of a spawning aggregation is followed by heavyexploitation, and the local population can be extirpated in as little as a fewyears.