Feds Move to Protect False Killer Whales

Steps taken to address Earthjustice lawsuit


David Henkin, Earthjustice, (808) 599-2436

Prodded by seven years of Earthjustice litigation, the National Marine Fisheries Services (NMFS) announced today a new measure aimed at protecting Hawai’i’s false killer whales from the lethal impacts of the longline fishery.

The agency published a notice in the Federal Register on January 19, 2010 that formally establishes a "take reduction team" (TRT) for false killer whales. The team will consider ways to reduce harm to false killer whales caused by commercial tuna and swordfish longline operations. Longline vessels trail up to 60 miles of fishing line suspended in the water with floats and as many as 1,000 baited hooks.

Creation of the team was the goal of the most recent litigation filed by Earthjustice on behalf of Hui Mälama i Koholä, the Center for Biological Diversity and Turtle Island Restoration Network.

William Ailä of Hui Mälama i Koholä and Brendan Cummings of the Center for Biological Diversity have been invited to serve as members of the TRT, which is scheduled to hold its first meeting February 17 to 19 in Honolulu. Other team members include representatives from the fishing industry, academic and scientific organizations, environmental organizations, the Marine Mammal Commission and NMFS.

Recent data shows the false killer whales living in waters surrounding the main Hawaiian Islands represent a very rare subspecies that numbers fewer than 120 individuals. NMFS is currently conducting a 12-month study to determine if these "insular" false killer whales warrant protection under the federal Endangered Species Act, due to threats from, among other things, longline fishing.

The total number of false killer whales in Hawaiian waters, including both the insular population and a "pelagic" population that also interacts with longlines, is estimated at only about 600.

Based on observer data, NMFS estimates that, each year, the Hawai’i-based longline fishery kills or seriously injures at least seven false killer whales.

"NMFS’ own data show that Hawai’i’s false killer whales are getting hooked and entangled in longlines at rates nearly three times what the agency has determined the population can sustain," Cummings said. "By participating in this Take Reduction Team, I’m hopeful we can put an end to this needless slaughter and help the whales recover."

"As a commercial fisherman myself, I’m confident we can find ways to fish sustainably and responsibly," Ailä said. "As a Hawaiian cultural practitioner, serving on the TRT helps fulfill my kuleana (responsibility) to mälama (to care for) Hawai’i’s false killer whales."

Earthjustice staff attorney David Henkin applauded the creation of the Take Reduction Team.

"Under the Marine Mammal Protection Act, NMFS is charged with protecting Hawai’i’s false killer whales," Henkin said. "It took a lawsuit to prod them to act, but I’m glad they’re now taking their responsibility seriously."

The action culminates seven years of efforts by Hui Mälama i Koholä, the Center for Biological Diversity, Turtle Island Restoration Network and Earthjustice to compel NMFS to comply with its legal duties.

Earthjustice first filed suit in 2003 to force NMFS to classify the Hawai’i longline fishery as a "Category I" fishery due to its unsustainable "take" of false killer whales. NMFS made the classification in 2004, but failed to follow up on the listing with a TRT. That failure prompted Earthjustice to file suit again in 2009.

"In response to our latest lawsuit, NMFS finally asked Congress for the money it needed to form the TRT," Turtle Island Restoration Network executive director Todd Steiner said. "We’re gratified that serious discussions aimed at protecting the whales from unsustainable drowning and hooking will finally begin."

False killer whales are large toothed whales that resemble killer whales, or orcas. According to a December 2008 study by the federal Government Accountability Office, it is "the only marine mammal for which incidental take by commercial fisheries is known to be above its maximum removal level that is not covered by a take-reduction team."

Photos of Hawai’i’s false killer whales in the water are available: http://www.earthjustice.org/slideshows/false-killer-whales-wounded-by-longline-fishing

Photos of false killer whales being harmed by Hawai’i’s longline fleet are available: http://www.earthjustice.org/news/press/2009/fisheries-agency-releases-pictures-of-false-killer-whales-harmed-by-longline-fishery.html

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