Calay News
Federal officials in the United States have failed to fulfill their legal obligation to protect endangered Pacific humpback whales from being killed by government-approved fishing gear, according to a recent ruling by a federal judge in San Francisco. The ruling comes after the Center for Biological Diversity filed a lawsuit against the National Marine Fisheries Service, arguing that the agency was required to include a plan to protect the whales in its three-year offshore permit issued to the commercial sablefish industry in 2021.
The catching of sablefish, which is done by commercial vessels in tens of thousands of ocean-floor pots connected by long lines, poses a significant threat to the whales, which can become entangled in the gear. Despite this, the federal agency did not require the fisheries to present a “take-reduction plan,” or protective strategy, because it claimed it lacked the funds to do so. The judge, however, ruled that this was not enough to satisfy the agency’s legal obligation under laws protecting imperiled species.
Under the law, the protection of imperiled species is given the highest priority, especially those with a small population size, those that are declining rapidly, and those with a level of incidental mortality and serious injury that exceeds the potential biological removal level. As such, the judge concluded that the National Marine Fisheries Service was in violation of its legal duty to protect the Pacific humpback whales.
The ruling has significant implications for the commercial sablefish industry, which will now be required to implement a plan to protect whales from being killed in fishing gear. The National Marine Fisheries Service will also need to allocate the necessary funds to develop a take-reduction plan to ensure the safety of the whales.
The Pacific humpback whale is a vital species that plays an essential role in the ocean’s ecosystem. The species was listed as endangered in 1970 under the Endangered Species Act and has since faced numerous threats, including ship strikes, entanglement in fishing gear, and noise pollution. This ruling is a critical step towards protecting the species from further harm and ensuring its survival.
