NOAA Fishery Should Close for Harming Humpback Whales, Suit Says

A federal government-run California fishery has trapped 12 endangered Pacific humpback whales in its nets during the past two fishing seasons, according to an environmental group suingthe National Oceanic and Atmospheric Administration to shut down the facility.

The Center for Biological Diversity sued the agency in the US District Court for the Northern District of California on Thursday, alleging its drift gillnet fishery is violating the Endangered Species Act by entangling, injuring, and killing the whales.

The fishery uses mile-long hanging nets, which it leaves in the ocean overnight, to catch other fish. But the nets also incidentally entangle whales, dolphins, sea lions, and sea turtles—making it have one of the highest rates of marine mammal and sea turtle interactions across all West Coast fisheries, the complaint says.

When humpback whales get tangled, they can drown or swim away with pieces of the net wrapped around them—which causes injuries, infections, stress, and other health problems, the lawsuit alleges.

The Center says that NOAA’s Fisheries Service failed to adequately analyze the fishery’s impact on the humpback populations, which were listed under the Endangered Species Act in 2016, so the agency no longer has a valid incidental take statement.

The service’s ESA 2013 consultation only anticipated that the fishery would take one humpback whale during a five-year period, and the agency hasn’t completed consultations on the impacts of the fishery on humpbacks since, the Center alleged.

Causes of Action: Endangered Species Act and Administrative Procedure Act.

Relief: Order requiring Fisheries Service to complete consultation and publish a final biological opinion within 90 days and closure of the drift gillnet fishery in the areas of highest risk for humpback whale entanglements.

Response: NOAA Fisheries didn’t immediately respond to a request for comment.

Attorneys: The Center for Biological Diversity represents itself.

The case is Center for Biological Diversity v. Raimondo, N.D. Cal., No. 4:22-cv-06566, complaint filed 10/27/22.