Tag Archives: mmpa

Makah Bid For Limited Gray Whale Hunt Gets Boost As NMFS Proposes Waiving MMPA Take Moratorium On Recovered Pods

THE FOLLOWING IS A PRESS RELEASE FROM THE NATIONAL MARINE FISHERIES SERVICE

The Makah Tribe of Washington could hunt and land up to two gray whales on average per year over a 10-year period for ceremonial and subsistence purposes under a proposal that NOAA Fisheries’ West Coast Region announced today.

A MAKAH BASKET DEPICTS WHALING. (SMITHSONIAN)

The proposal does not yet allow the Makah Tribe to begin hunting whales, but moves the Tribe closer to that longstanding goal. An administrative law judge must first conduct a hearing, currently scheduled to begin on Aug. 12, 2019, to review the NOAA Fisheries proposal and make a recommendation to Chris Oliver, Assistant Administrator for NOAA Fisheries. Interested parties may request to participate in that hearing. Oliver would then make a final decision on whether to authorize the Makah Tribe to hunt gray whales.

If the Tribe is authorized to hunt gray whales, the Tribe would then need to apply for a permit, which would be subject to public notice and comment.

“We are moving forward carefully, and deliberately, to support the Tribe’s treaty rights while we also fully consider the potential impacts on the whales and protect their populations,” said Chris Yates, Assistant Regional Administrator for NOAA Fisheries’ West Coast Region.

Through the 1855 Treaty of Neah Bay between the Makah Tribe and the U.S. government, the Tribe reserved “the right of taking fish and of whaling or sealing at usual and accustomed grounds and stations.” The Tribe has sought since the 1990s to exercise that right, long a centerpiece of tribal culture. A federal court determined in 2002 that the Tribe must first apply for a waiver of the Marine Mammal Protection Act’s (MMPA) take moratorium, which prohibits killing whales and other marine mammals.

In 2005 the Tribe sought a waiver of the MMPA, as the courts required. NOAA Fisheries has since evaluated the request through a 2015 Draft Environmental Impact Statement, which attracted hundreds of public comments on all sides.

NOAA Fisheries’ action today proposes to waive the MMPA take moratorium to allow the Makah to hunt gray whales from the healthy and fully recovered Eastern North Pacific (ENP) population of gray whales, which today numbers about 27,000. The most recent stock assessment for ENP gray whales found in 2014 that up to 624 gray whales could be removed from the population each year without affecting its long-term sustainability.

The proposal would allow the Tribe to land up to three ENP gray whales in even-numbered years and one whale in odd-numbered years – less than the four whales per year on average that the Makah Tribe sought. The limits and other restrictions reduce the already remote possibility of Makah hunters encountering gray whales from the endangered Western North Pacific population that feed near Russia and occasionally migrate to the ENP. The limits also help protect a group of ENP gray whales that feed in and around the Makah Tribe’s hunting and fishing grounds in summer and return to the area on a regular basis.

“We have examined this proposal from every angle and have developed hunting regulations that provide for public safety, protect the gray whale populations, and respect the Makah Tribe’s treaty rights and culture,” Yates said.

Congress Moving Different Directions On Sea Lions, Wolves

Attempts in Congress to give state managers more latitude to deal with two of the most polarizing predators in the Northwest these days are going in opposite directions.

Yesterday saw the US Senate pass a bill that would expand where sea lions could be removed on the Columbia River system, and while the House of Representatives must still concur, a bill delisting gray wolves passed last month by the lower chamber will not go anywhere in the upper house in December, it now appears.

SEA LIONS GATHER INSIDE THE MOUTH OF THE COWEEMAN RIVER AT KELSO, MOST LIKELY FOLLOWING THE 2016 RUN OF ESA-LISTED EULACHON, OR SMELT, UP THE COLUMBIA RIVER. THE ENDANGERED SALMON AND FISHERIES PREDATION ACT PASSED BY THE SENATE AND WHICH GOES NOW TO THE HOUSE WOULD GIVE STATE MANAGERS MORE LATITUDE TO LETHALLY REMOVE THE SPECIES IN TRIBUTARIES OF THE COLUMBIA. (SKYLAR MASTERS)

The Manage Our Wolves Act, cosponsored by two Eastern Washington Republican representatives will likely die in the Senate’s Committee on Environment and Public Works as federal lawmakers’ workload piles up at the end of the two-year session.

Chairman John Barrasso (R-WY) indicated federal budgetary issues would take precedence, according to a report from the DC Bureau of the McClatchy news service.

And even if the Republican-controlled Senate were to still pass the bill in 2019, with November’s election changing the balance of power in the House, a spokeswoman for the new chairman of the Natural Resources Committee, Rep. Raúl Grijalva (D-AZ), told wire reporter Kellen Browning flatly that the panel won’t be moving any delisting legislation while he is in charge over the next two years.

It’s probably best to let the biologists determine when a species is recovered rather than run things through Congress like this, but that also takes time and meanwhile frustrations mount over very real concerns and unintended consequences of 1970s’ environmental protections, and the drag-it-out-in-the-courts approach the laws have inspired in some in the environmental community.

In the case of the wolves of the river, Marine Mammal Protection Act-listed sea lions are taking unacceptably large bites out of Endangered Species Act-listed Columbia salmon and steelhead, putting their recovery — not to mention the tens, hundreds of millions of dollars spent on it — in the watershed at increasing risk.

With pushing from fishermen, state wildlife agencies, tribal managers, even conservation organizations, a bipartisan coalition of Northwest senators and representatives has now been able get sea lion bills passed in both houses of Congress this year.

But even as we live in an era when the back door to delistings and amended protections is being opened wider and wider, it appears that for the time being we’ll need to go through the front one, the traditional way, to clear the wolves of the woods off the ESA list.

Once again.

Back in June, the U.S. Fish and Wildlife Service quietly announced that it had begun to review the status of the species in the Lower 48 for, what, the third? fourth? time since the early 2000s due to court actions.

That could lead to the delisting of gray wolves in the western two-thirds of Washington, Oregon and elsewhere in their range, handing over management from USFWS to WDFW, ODFW and other agencies.

A PAIR OF WOLVES CAPTURED ON A TRAIL CAMERA NEAR MT. HOOD. (ODFW)

This morning I asked the feds for an update on how that was proceeding and they sent me a statement that was very similar to one they emailed out around the summer solstice.

Here’s what today’s said:

“The USFWS is currently reviewing the status of the gray wolf under the Endangered Species Act (ESA). Working closely with our federal, state, tribal and local partners, we will assess the currently listed gray wolf entities in the lower 48 states using the best available scientific information. On completion of the review, the Service will, if appropriate, publish a proposal to revise the wolf’s status in the Federal Register. Any proposal will follow a robust, transparent and open public process that will provide opportunity for public comment.”

With six long months ahead of it, June’s version had this as the third sentence: “If appropriate, the Service will publish a proposal to revise the wolf’s status in the Federal Register by the end of the calendar year.”

Now it’s more open-ended.

And comparing a second paragraph USFWS sent along as background, the update has removed the words “under the previous administration,” a reference to the 2013 proposal by the Obama Administration’s USFWS Director Dan Ashe.

The rest of that para touches on the “sound science” that went into that determination and the court action that subsequently derailed it.

It sounds like the science is strong with the sea lion removal authorization, so let’s hope that once the House agrees and president signs it, it isn’t challenged in court, and if it is, that it clears the hurdles that are thrown up — and which lead to bypassing the judicial system all together.