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Commercial Fisheries News
Volume 35 Number 8
April 2008
NMFS determines loggerhead petition ‘may be warranted’
SILVER SPRING, MD – Scallopers, trawl fishermen, gillnetters, longliners, and others who see an occasional turtle may want to take note of a recent finding by the National Marine Fisheries Service (NMFS) about loggerheads.
Back in November, Oceana and the Center for Biological Diversity petitioned NMFS to take action on several counts. First, they asked NMFS to reclassify loggerhead turtles in the western North Atlantic Ocean as a “distinct population segment” and then to change the status of this population segment from “threatened” – the current status under the Endangered Species Act (ESA) – to “endangered.” They also asked NMFS to designate critical habitat for the reclassified segment.
The two groups claimed the actions were necessary because the western North Atlantic population of loggerheads is “both biologically and ecologically significant to the species” and that the nesting population “has undergone a marked decline in recent decades” due to coastal development, bycatch in fisheries, marine pollution, and global warming.
After reviewing the submitted information, NMFS determined that the petitioned actions “may be warranted,” and the agency now is in the process of conducting a loggerhead turtle status review.
Oceana representatives were pleased with the move.
“We are encouraged to see that the government is considering proactive steps towards protecting loggerhead sea turtles in the Atlantic,” said Elizabeth Griffin, a marine wildlife scientist at Oceana, in a statement issued on March 5, the day NMFS announced its decision in the Federal Register.
Fisheries Survival Fund representative Ron Smolowitz, however, expressed concern. Although Oceana and the Center for Biological Diversity cite several nonfishing related causes as potential threats to loggerheads, the easiest target to control is commercial fishing, he said, noting that the government is unlikely to rip down condos on turtle nesting beaches, stop tanker traffic, or deal with pollution or global warming issues in a significant way.
“The thing is, it doesn’t matter what the cause is,” said Smolowitz. “They’ll go for the easy link. They can control the fishing industry. That’s the danger of all this.”
NMFS can reclassify an ESA species – through the secretary of commerce – if it determines the species is threatened or endangered because of any of the following factors:
Present or threatened destruction, modification, or curtailment of its habitat or range;
Overutilization for commercial, recreational, scientific, or educational purposes;
Disease or predation;
Inadequacy of existing regulatory mechanisms; or
Other natural or manmade factors affecting the species’ continued existence.
Technically, NMFS has up to a year to make a final decision about whether or not the petitioned action is one of three things: warranted; “warranted but precluded by higher priority listing actions;” or not warranted.
As part of the review, the agency is asking the public for information about:
Historical and current population status and trends for loggerheads in the western North Atlantic;
Historical and current distribution;
Migratory movements and behavior;
Genetic population structure;
Current or planned activities that may adversely impact loggerheads; and
Ongoing efforts to protect loggerheads.
NMFS also is looking for information about potential critical habitat for the turtles.
Essential habitat features include, but are not limited to: cover or shelter; sites for reproduction and development of offspring; habitats that are protected from disturbance or are representative of the historical, geographical, and ecological distribution of the species; food, water, air, light, minerals, or other nutritional or physiological requirements; and space for individual growth and normal behavior.
How to comment
The deadline for comments is May 5.
NMFS asked that all data, information, and comments be accompanied by supporting documentation such as maps, bibliographic references, or reprints of pertinent publications, as well as the name, address, and affiliation of the person making the submission.
Comments can be submitted electronically – the preferred method – through the federal eRulemaking portal at <www.regulations.gov> or by fax at (301) 713-0376 to the attention of Barbara Schroeder.
Written comments and supporting documents also can be mailed to: Director of the Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910.
Janice M. Plante
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