Category Archives: Fishing interests

Amusing Monday: New steelhead license plate enhanced by inspiration

plate

Washington Department of Licensing has embraced a stylistic work of art in its new steelhead license plate, which became available for purchase last week.

The new license plate, which focuses on the eye and head of a steelhead trout, is an obvious departure from previous wildlife license plates that feature realistic images of animals. Derek DeYoung, the artist who created the new plate, specializes in what he calls abstract paintings of fish faces and flanks, as well as whole fish. The original steelhead painting is called “Abstract Steelhead — Horizon Eye.”

Derek, based in Livingston, Mont., is a rare combination of expressive artist and skilled angler.

“When hiking up a small mountain stream, I’m not just chasing trout, I’m searching for a magical experience or vision that will inspire me and raise my paintings to that next level,” Derek says on his website, DeYoung Studio.

“For me, the most inspiration comes once I’ve landed a particularly beautiful fish. I hold it up, tilting the fish back and forth in the sunlight, allowing all the subtle colors and patterns to come alive. After setting the fish back into the water and releasing it into the depths, the only thing left to do is get back to my studio to bring that fish to life on my canvas.”

The importance of a fish’s eye, as Derek sees it, is depicted in the first video shown on this page. The second video shows his work on an entire canvas. Check out his gallery for some amazing renditions of all varieties of game fish.

The new license plate is being sold to raise funds to benefit Washington’s iconic steelhead, listed as threatened under the federal Endangered Species Act. Money will be used for fisheries management, hatchery operations, monitoring and habitat restoration.

More than 4,000 people expressed interest in buying a steelhead license plate before the Legislature approved the concept last year, said Kelly Cunningham of the Washington Department of Fish and Wildlife.

“We can’t wait to see steelhead license plates on vehicles across this state,” Kelly said in a news release. “This is a great way to help fund efforts to conserve steelhead in Washington.”

Derek DeYoung and one other artist were selected as finalists and both offered their work at no cost. Derek’s was chosen after “camera testing,” Kelly told me.

“Internally, we did not have any specific criteria,” she said. “We wanted something unique. Our goal was to have the ‘best’ fish plate in the country.”

The price of wildlife-themed license plates, including orcas and eagles, range from $54 to $72 (depending on the vehicle) plus the regular license plate fees. For purchase information, go to the webpage for the Washington Department of Licensing.

orca

It seems fitting that Washington’s official state fish finally gets its own license plate, along with a design that makes it stand out from the others. Maybe something a little more artistic could also be done for the orca, the state’s official marine mammal. All the wildlife license plates can be seen on the WDFW website.

I guess I should point out that such high-level acclaim has yet to reach the state’s official bird, the willow goldfinch; the state’s official endemic mammal, the Olympic marmot; the state’s official amphibian, the Pacific chorus frog; the state’s official insect, the green darner dragonfly; or the state’s official oyster, the Olympia oyster.

As for me, I’d like to see one or our native oysters emblazoned upon my license plate.

One thing I learned about license plates is that the first ones issued in Washington state were as customized as you will ever see. In 1905, the Legislature created the Division of Motor Vehicles, which issued license plate numbers for $2 each. Vehicle owners were required to make their own plates out of wood, metal or leather. If they preferred, they could just stencil the number on the front and rear of their vehicle.

The first personalized license plates were approved by voters in 1973, followed by a variety of specialized plates through the years — including those providing special access for people who can’t get along well on foot.

first

The first illustration used to promote the steelhead license plate was a realistic-looking fish shown in silvery colors from head to tail. That rendition was more easily identified as a steelhead than Derek’s fish-head-focused piece. I thought a straightforward steelhead would be more acceptable to people, but I have heard no complaints so far. People seem to appreciate Derek’s deeper expression, which is something that has grown on me over time.

As Derek explains on his website:

“My work has veered off from the traditional fish illustration style. I place more importance on using a unique style and palette rather than painting a fish to look photo realistic.

“The reason I’ve chosen fish as the subject of my life’s work is I find fish to be intriguing, not just as a fisherman, but as an artist. When painting a fish, I try to capture all the intricacies they possess: their scales, patterns, dimension and texture.

“When chest deep in a river, I’m not just chasing a fish, I’m searching for the magical experience or vision that will inspire me and raise my paintings to a higher level.”

Steelhead fishermen seem to experience a passion unmatched by most other anglers, so it’s nice to know that someone who embraces that passion will have his artwork traveling on vehicles throughout Washington state and beyond.

Death toll for 2016 includes six orcas
from the Salish Sea

UPDATE, Jan. 2
The Center for Whale Research has announced that J-2, known as “Granny,” has apparently died. The oldest orca among the three Southern Resident pods, Granny was one of the first Southern Residents identified when Ken Balcomb began his Orca Survey in 1976. At the time, she was estimated to be at least 45 years old and probably in her 70s, putting her likely age at more than 100. Ken’s tribute to Granny can be read on the Center for Whale Research website. More to come.
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When it comes to the killer whales that frequent Puget Sound, a year can make all the difference in the world. Last year at this time, we were celebrating a remarkable baby boom — eight new orca calves over the previous 12 months. See Water Ways, Dec. 16, 2015.

J-34, named DoubleStuf, with Mount Baker in the background. Photo taken last February before his death this month. Photo: Dave Ellifrit, Center for Whale Research
J-34, named DoubleStuf, swimming last February with Mount Baker in the background. The 18-year-old male died this month.
Photo: Dave Ellifrit, Center for Whale Research

Another new baby was added in January of this year, for a total of nine. But if 2015 was the boom year, then 2016 turned out to be a major bust, with six orca deaths recorded during the calendar year.

The latest death among the Southern Residents was J-34, an 18-year-old male named DoubleStuf. He was found dead floating near Sechelt, B.C., northwest of Vancouver, on Dec. 20. Check out the tribute and wonderful photos on Orca Network’s webpage.

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Congress authorizes five restoration projects throughout Puget Sound

Five major Puget Sound projects have been given the provisional go-ahead by Congress in a massive public works bill signed yesterday by President Obama.

It seems like the needed federal authorization for a $20-million restoration effort in the Skokomish River watershed has been a long time coming. This project follows an extensive, many-years study of the watershed by the Army Corps of Engineers, which winnowed down a long list of possible projects to five. See Water Ways, April 28, 2016, for details.

In contrast, while the Puget Sound Nearshore Ecosystem Restoration Project (PSNRP) also involved an extensive and lengthy study, the final selection and submission to Congress of three nearshore projects came rather quickly. In fact, the Puget Sound package was a last-minute addition to the Water Resources Development Act, thanks to the efforts of U.S. Reps. Rick Larson, D-Lake Stevens, and Derek Kilmer, D-Gig Harbor, along with Sens. Patty Murray and Maria Cantwell.

The three PSNRP projects moving forward are:

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Upgrade to North Pacific fishing fleet benefits Puget Sound economy

A major “modernization” of the North Pacific fishing fleet has begun, bringing new jobs to the Puget Sound region and a potential boost of $1.3 billion in total economic activity over the next 10 years, according to a new study.

Fishermen’s Terminal from the Ballard Bridge, Seattle. Photo: Joe Mabel, Wikimedia Commons
Fishermen’s Terminal from the Ballard Bridge, Seattle. // Photo: Joe Mabel, Wikimedia Commons

If economic and environmental conditions allow, 37 new fishing boats and fish-processing vessels over 58 feet long will be built, bringing new efficiencies to fishing and increased safety to those working in the North Pacific — an area off the Alaskan coast. Most North Pacific vessels over 58 feet are home-ported in Puget Sound.

Ship-building companies in the Puget Sound region are expected to be the primary beneficiaries of this modernization, as half of all the new vessels will come out of Washington state, according to predictions in the report. The study was conducted by the McDowell Group, an Alaska-based consulting company hired by the Port of Seattle and Washington Maritime Federation.

Although many factors are in play, a key impetus for this modernization is the development of catch shares — a type of management system that divides the allowable harvest into individual fishing quotas, or IFCs. This management regime, sometimes called fisheries “rationalization,” avoids the wasteful and sometimes dangerous race once seen among fishing vessels, as each crew tries to catch the most fish within a specified time period or before a total quota is reached.

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What comes next under water-quality standards imposed by the EPA?

The Environmental Protection Agency approved new water-quality standards for Washington state this week, overriding a plan approved by Gov. Jay Inslee and the state Department of Ecology.

It was a rare posture for the EPA. Now the state will be pressured to appeal the EPA standards to federal court. Cities and counties as well as some industrial organizations are clearly unhappy with the EPA’s action, while environmental and tribal representatives got most of what they wanted.

The basic structure of polychlorinated biphenyls, where the number and location of chlorine atoms can vary.
The basic structure of polychlorinated biphenyls, where the number and location of chlorine atoms can vary.

The EPA action is especially unusual, given that this state is known for some of the strongest environmental regulations in the country. After much dispute, Ecology finally agreed to much higher fish-consumption rates without increasing the cancer-risk rate, leading to more stringent standards for many of the chemicals. But Ecology had its own ideas for the most troublesome compounds with implications for human health. They include polychlorinated biphenyls (PCBs), arsenic and mercury. For background, see Water Ways, Oct. 18, 2015.

Some news reports I saw this week said EPA’s action will lead to salmon that are safer to eat. But that’s not at all certain, and opponents say it is unlikely that the revised limits on chemical pollution will have any practical effect on compounds that affect human health.

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Death of female orca with young son raises worries about the future

It has been hard to take the news that J-28, a 23-year-old female killer whale named Polaris, is now missing and presumed dead — even though I knew this news has been coming since August. It now appears likely that her 11-month-old son J-54, named Dipper, will not survive either.

On Oct. 2, J-28, named Polaris, was photographed with an indentation behind her blow hole, a condition known as “peanut head.” Polaris has now been confirmed as dead, and her son is probably dead as well, researchers say.
On Oct. 2, J-28, named Polaris, was photographed with an indentation behind her blow hole, a condition known as “peanut head” and related to malnutrition. Her 11-month-old son, shown with her, also was struggling to survive. Polaris has now been confirmed as dead, and researchers say her son is probably dead as well.
Photo: Ken Balcomb, Center for Whale Research

I sadly reported on Polaris’ “super-gaunt” condition in Water Ways (Aug. 24) after talking to Ken Balcomb of the Center for Whale Research. Until recently, various whale-watching folks, including CWR researchers, have reported that Polaris was still alive. She was generally seen moving slowly and in poor shape, but at times she seemed to have more energy, raising hopes that she might recover. But the last sighting of Polaris was Oct. 19 in the Strait of Juan de Fuca.

During a press conference Friday, Ken announced the death of Polaris, as he spoke out to raise awareness about the plight of Puget Sound orcas.

Ken said Dipper’s sister and aunt were attempting to care for the young orphan, but no other lactating females have moved in to provide milk, so he likely will die if he is not already dead.

Ken read a personally penned obituary for Polaris, noting that she was popular with whale watchers, in part because she was easily identified by a nick in her dorsal fin. She acquired the distinctive mark when she was nine years old.

At the press conference, Ken talked about the most concerning problem facing the orcas: a shortage of chinook salmon, their primary prey. The food shortage is exacerbated when the whales burn fats stored in their blubber, causing the release of toxic chemicals from their blubber into their bloodstream. Chemicals can affect the immune and reproductive systems, as well as other hormonal systems.

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Orcas starting to follow chum salmon into Central Puget Sound

Chum salmon are beginning to make their way into Central and South Puget Sound, which means the orcas are likely to follow.

Given this year’s dismal reports of chinook salmon in the San Juan Islands, we can hope that a decent number of chum traveling to streams farther south will keep the killer whales occupied through the fall. But anything can happen.

Data from the Washington Department of Fish and Wildlife
Data from the Washington Department of Fish and Wildlife

On Oct. 2, orcas from J and K pods — two of the three Southern Resident pods — passed through Admiralty Inlet and proceeded to Point No Point in North Kitsap, according to reports from Orca Network. The whales continued south the following day and made it all the way to Vashon Island, according to observers.

On Tuesday of this week, more reports of orcas came in from Saratoga Passage, the waterway between Whidbey and Camano islands. See the video by Alisa Lemire Brooks at the bottom of this page. By yesterday, some members of J pod were reported back of the west side of San Juan Island.

The movement of chum salmon into Central Puget Sound began in earnest this week, as a test fishery off Kingston caught just a few chum last week, jumping to nearly 1,000 this week. Still, the peak of the run is a few weeks away.

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Sea Shepherd regroups, plans new battles with Japanese whalers

An organization called Sea Shepherd Global announced yesterday that it will take up the cause of battling Japanese whaling ships in the Southern Ocean of Antarctica later this year.

The announcement comes just days after court approval of a legal settlement, a deal that will forever block Sea Shepherd Conservation Society from confronting Japanese whalers on the high seas.

Sea Shepherd Global, based in The Netherlands, apparently is out of reach of the U.S. courts, which sanctioned the original Sea Shepherd group for its sometimes violent actions against the whalers. Sea Shepherd Conservation Society, the U.S. group, is led by its founder, Capt. Paul Watson, who had stepped down for a time.

The Ocean Warrior is a new ship added to Sea Shepherd Global's fleet. Photo: Gerard Wagemakers, courtesy of Sea Shepherd Global
The Ocean Warrior is a new ship added to Sea Shepherd Global’s fleet.
Photo: Gerard Wagemakers, courtesy of SSG

Sea Shepherd Global has mobilized its forces for what it calls the “11th direct-action whale defense campaign.” The group has built a new ship it claims can keep up with and surpass the Japanese harpoon ships. Anyone who has watched “Whales Wars,” the reality television series, probably knows that Sea Shepherd’s ships have suffered from a lack of speed and were often left in wake of the whaling vessels.

Sea Shepherd, with its fierce opposition to killing marine mammals, has always claimed to be on the right side of international law when it comes to whaling. Now its members are inspired by a 2014 ruling in the International Court of Justice, which found that whaling — at least as practiced by Japanese whalers — is not a scientific endeavor. The Japanese government has lost its only justification for whaling until it develops new scientific protocols acceptable to the International Whaling Commission. Review a discussion of these issues in Water Ways, March 31, 2014, with an update on Dec. 14, 2015.

Sea Shepherd Global also justifies its plans with a contempt-of-court citation filed by the Australian Federal Court against the Japanese whalers for killing protected whales within the Australia Whale Sanctuary. Japan, however, does not recognize the sanctuary nor the Australian jurisdiction.

“If we cannot stop whaling in an established whale sanctuary, in breach of both Australian Federal and international laws, then what hope do we have for the protection of the world’s oceans?” asked Jeff Hansen, managing director of Sea Shepherd Australia in a news release. “We must make a stand and defend whales with everything we’ve got.”

After the International Court of Justice ruling, the Japanese took a year off from whaling before submitting a new whaling plan, which was questioned by a scientific committee at the International Whaling Commission. Without waiting for approval, the whalers returned to the Southern Ocean last December. A limited Sea Shepherd fleet followed, but the whalers killed 333 minke whales — a quota approved by the Japanese government but nobody else.

Meanwhile, Sea Shepherd Conservation Society (SSCS) has been engaged in a legal battle with the Japanese-sponsored Institute of Cetacean Research in the U.S. courts. Initially, a U.S. district judge dismissed the Japanese claims. On appeal, however, the Ninth Circuit Court of Appeals called Sea Shepherd a “pirate” organization, ordered the group to stay away from the Japanese ships and eventually found Sea Shepherd in contempt of court for a peripheral involvement in the anti-whaling effort. Initial appeals court ruling: Water Ways, Feb. 26, 2013.

SSCS agreed to pay $2.55 million to settle a damage claim from Japan in light of the contempt ruling. The group had been hoping that Japan’s lawsuit in the U.S. courts would open the door for a countersuit, in which the illegality of Japanese whaling would spelled out and confirmed.

All legal claims and counterclaims were dropped in the settlement agreement (PDF 410 kb) between SSCS and the Institute of Cetacean Research. The agreement, approved last week by U.S. District Judge James Robart, says SSCS cannot approach Japanese whaling ships closer than 500 yards. SSCS cannot provide financial support to anyone else who would approach the Japanese ships in an aggressive way, including “any entity that is part of the worldwide ‘Sea Shepherd’ movement and/or uses or has used some version of the ‘Sea Shepherd’ name.”

The agreement mentions a “settlement consideration to be paid to Sea Shepherd Conservation Society,” although the amount has not been disclosed.

The Institute of Cetacean Research immediately issued a news release about the settlement. Paul Watson offered a three-pronged post on his Facebook page. One part was his own message, saying Sea Shepherd would remain opposed to whaling but would comply with the settlement provisions.

Another part was a statement from Capt. Alex Cornelissen, director of Sea Shepherd Global:

“The ruling in the US courts affects ONLY the US entity. All the other Sea Shepherd entities in the Global movement are not bound by the US legal system, the mere assumption that it does clearly demonstrates a lack of understanding of Sea Shepherd Global’s structure. Sea Shepherd Global and all other entities around the world, other than the USA, will continue to oppose the illegal Japanese whaling in the Antarctic.”

The third part was a quote from a BBC story:

“Jeff Hansen, managing director of Sea Shepherd Australia, told the BBC the U.S. ruling would ‘absolutely not’ affect its own operations. He said if the ICC (sic, ICR?) were to pursue Sea Shepherd in Australia ‘they would be entering into a court system they’re in contempt of, and we would welcome that.’”

In its statement yesterday, Sea Shepherd Global said it was disappointed that the international community has not taken more steps to protect whales in the Southern Ocean. Still, Sea Shepherd Global will be there with a new fast ship, the Ocean Warrior, built with the financial support of the Dutch Postcode Lottery, the British People’s Postcode Lottery and the Svenska PostkodLotteriet.

“For the first time, we will have the speed to catch and outrun the Japanese harpoon ships, knowing speed can be the deciding factor when saving the lives of whales in the Southern Ocean,” said Cornelissen.

The Ocean Warrior will undergo final preparations in Australia at the end of the year, about the time that Japanese whaling ships arrive for their anticipated harvest of marine mammals. And so the whale wars will go on but without any involvement from Paul Watson and his U.S. contingent.

By the way, Paul, who had been living in exile in France, has returned to the U.S., according to a news release from Sea Shepherd that recounts Paul’s history of fleeing from prosecutors in Japan and Costa Rica. Paul, 65, and his wife, Yanina Rusinovich, a Russian-born opera singer, are now living in Woodstock, Vermont, and expecting a baby in October.

One orca is missing and presumed dead; another reported as ‘super-gaunt’

I have some bleak news to share about our Southern Resident killer whales, which normally frequent Puget Sound at this time of year.

J-14 seen earlier this year in Puget Sound. Photo: Center for Whale Research
J-14 seen earlier this year in Puget Sound.
Photo: Dave Ellifrit, Center for Whale Research,
taken under federal permits NMFS 15569/ DFO SARA 388

J-14, a 42-year-old female named Samish, has gone missing and is presumed dead, while J-28, a 23-year-old orca mom named Polaris, may be living out her final days.

“Things are shaping up to be pretty bad,” said Ken Balcomb of the Center for Whale Research, who keeps tabs on the orca population. “J-28 is looking super-gaunt, and I would say she is within days of her death.”

The saddest part of my conversation with Ken this morning was to hear him say that Polaris’ 7-month-old calf would become an orphan and probably will not survive without his mother. That’s the typical outcome for an orphan of that age, Ken said, although there is a chance that the young male will be adopted by his grandmother.

The calf, J-54, is still nursing, but he is close to weaning, Ken noted. He is the newest calf born into the three Southern Resident pods and is part of the “baby boom” of nine orcas born between December 2014 and December 2015. So far, only one of those calves, J-55, has died.

After my conversation with Ken, the Center for Whale Research posted a news release about the death of Samish. Orca observers on the water have known that she was missing for some time now.

As of today, J pod was on its way out through the Strait of Juan de Fuca, no doubt searching for food. The chinook salmon run has been very low this summer.

“Historically, at this time of year, we would see nice little bunches (of orcas) swimming back and forth in front of the house,” said Ken, who lives on the west side of San Juan Island. But this year, the whales have broken up into small family groups and are traveling around in seemingly random patterns, presumably in search of whatever salmon they can find.

“Even the fishermen aren’t getting much this year,” Ken said.

To gauge a killer whale’s condition, researchers consider the overall shape of its body. Without adequate fish — primarily chinook salmon — an orca grows thinner as the body fat declines. As conditions grow worse, a depression develops behind the blow hole. This sunken condition — which Polaris has developed — is called “peanut head.” So far, none of the other animals have been observed in such a dire condition.

I’ve often been told by medical experts that when a killer whale loses weight it can be a sign of a major problem, such as a disease that makes them incapable of hunting to their normal ability. But a shortage of food can exacerbate the condition.

“We have been telling the government for years that salmon recovery is essential for whale recovery,” Ken said.

He blames the salmon decline on longtime mismanagement of wild salmon stocks — including damage to habitat, over-fishing and excess hatchery stocks in both Canada and the U.S. One of the quickest ways to increase the chinook population for these whales is to take out the Snake River dams, he said.

Rebuilding salmon runs on the Elwha River will help, Ken said, but the number of fish is small compared to the potential of the Snake River, which flows into the Columbia and produces salmon that can be caught in the ocean.

“I’m trying to get the marine mammal people to talk to the salmon people,” Ken said. “Fish have been a political problem for a long time, and we are not solving the salmon issue.”

Money spent on law enforcement to make sure whale watchers don’t get too close to the orcas would be better spent on education — specifically on educating lawmakers about the needs of salmon and killer whales, he quipped.

As of July 1 — the date of the annual orca census — the population of the three Southern Resident pods stood at 83. That’s the number that will be reported to the federal government. Since then, Samish has gone missing, so the ongoing count falls to 82, pending the status of Polaris and her son.

Samish was considered part of the J-2 (“Granny”) family group. Her living offspring are Hy’shqa (J-37), Suttles (J-40) and Se-Yi’-Chn (J-45). Samish was the grandmother to Hy-Shqa’s 4-year-old son T’ilem I’nges.

Polaris is the first offspring of Princess Angeline (J-17), who is still living. Her first offspring, a female named Star (J-46), is now 7 years old. J-54 is her second offspring.

Demanding international changes to help protect marine mammals

After 43 years and some legal prodding, the United States is preparing to use its economic and political power to protect whales, dolphins and other marine mammals around the world.

On Monday, the National Oceanic and Atmospheric Administration is scheduled to publish regulations that will set up a system to ban imports of seafood from any country that fails to control the killing of marine mammals in its fishing industry.

Photo: Daniel Schwen, Wikimedia Commons
Photo: Daniel Schwen, Wikimedia Commons

To avoid a ban, foreign controls must be as effective as standards adopted by the United States to reduce the incidental death and injury to marine mammals in the U.S. fishing industry. Harvesting nations that wish to continue selling fish and fish products to U.S. markets will have five years to implement their marine mammal protection programs, if they have not already done so.

When it was first approved by Congress in 1972, the Marine Mammal Protection Act included provisions that would ban imports of fish caught in commercial fisheries where the “bycatch” of marine mammals exceeded U.S. standards. But the law was largely ignored until environmental groups filed a lawsuit against NOAA two years ago. The lawsuit was eventually settled, with NOAA agreeing to approve new rules by August of this year.

NOAA estimates that 650,000 marine mammals are killed each year in fishing operations. Meanwhile, U.S. consumers obtain 94 percent of their seafood from a growing import market valued at $33 billion in 2013.

“The new regulations will force countries to meet U.S. conservation standards if they want access to the U.S. market, saving thousands of whales and dolphins from dying on hooks and in fishing nets around the world,” said Sarah Uhlemann, international program director for the Center for Biological Diversity. “The U.S. government has finally recognized that all seafood consumed in the United States must be ‘dolphin-safe.’”

Comments were made in a joint news release from the Center for Biological Diversity, the Natural Resources Defense Council and the Turtle Island Restoration Network — the three groups that brought the lawsuit.

Graphic: NOAA
Graphic: NOAA

The new regulatory program on imports calls on NOAA Fisheries to issue a “comparability finding” after harvesting nations demonstrate that they have a regulatory program that meets U.S. standards for protecting marine mammals. Each program must prohibit the incidental killing or serious injury to marine mammals in all fisheries, estimate numbers of marine mammals on their fishing grounds and find ways to reduce harm if established limits are exceeded.

Over the next year, the regulations call for NOAA Fisheries to request information on marine mammal bycatch from countries that export to the U.S. On a list of foreign fisheries, each fishery will be classified either as “export” or “exempt.” Exempt fisheries are determined to have a remote chance of killing marine mammals, so they are not required to have a regulatory protection program. Those fisheries likely to impact marine mammals and those lacking information about impacts are placed in the export category. All fisheries must prohibit intentional killing of marine mammals to receive certification.

At the end of the five-year period, NOAA Fisheries will publish a list of fisheries that will not receive a comparability finding along with a list of fish banned from import. Those countries will receive information about why they were denied certification and are eligible to reapply at any time. Other details are outlined in a fact sheet from NOAA Fisheries.

The U.S. Marine Mammal Commission, a group appointed by the president to advise the government on the Marine Mammal Protection Act, welcomed the long-overdue regulations to protect marine mammals throughout the world, but said the five-year implementation period is too long. See comments, Nov. 9, 2015. (PDF 1.4 mb):

“Inasmuch as this is an ongoing, long-standing statutory requirement, the Commission does not see a legal basis for deferring implementation. To the extent that any delay can be countenanced, it should be kept to the absolute minimum necessary to secure the required information from exporting countries.

“The Commission is concerned that the proposed delay would result in at least another six years during which seafood could continue to be imported into and sold in the United States, despite unacceptably high levels of marine mammal bycatch, unbeknownst to U.S. consumers, and during which U.S. fleets would face unfair competition from foreign fleets with little or no accountability to follow comparable marine mammal conservation measures.”

In 1988, while the U.S. was developing new fishing standards to protect marine mammals, U.S. fishermen were required to report the type of gear they were using and any incidental catch of marine mammals, the Marine Mammal Commission noted. Fishermen also were required to allow observers on their boats while the agency developed stock assessments and new rules to protect various species of marine mammals. Those kinds of interim measures should be required of foreign fleets as well, the commission said.

Among its many comments when the rule was first proposed last year, the commission criticized the plan for placing too much burden on NOAA Fisheries to gather the information, rather than requiring the importing countries to document their protections for marine mammals.

“The Commission further recommends that the final rule clearly specify that nations be issued a CF only if they meet the U.S. standards, rather than be issued a CF unless it is shown that they do not meet the applicable requirements.”

As far as I can tell, the final rule failed to incorporate most of the commission’s suggestions. Still, using the economic and political power of the U.S. to protect marine mammals around the world is a considerable leap.

While the new regulations are expected to level the playing field for U.S. fishermen who must comply with marine mammal protections, we have yet to see the full response from other countries. At some point, a ban on U.S. imports is likely to trigger a challenge based on existing international trade agreements. I haven’t seen much written about the legal implications of the new marine-mammal-protection rules, but we have seen what can happen. Review the article by Mark J. Robertson about “dolphin-safe” tuna rules in a report for the International Centre for Trade and Sustainable Development.