Advertisement - Click to support our sponsors.

Judge extends
closure of Northwest
isles lobster fishery

The judge will consider a request
to also ban the bottomfish fishery
in the Northwestern islands

---

By Debra Barayuga
Star-Bulletin

The lobster fishery in the Northwest Hawaiian Islands will remain closed until the federal government completes an environmental analysis on its impact on the endangered Hawaiian monk seal, a federal judge has ruled.

U.S. District Judge Samuel King found the National Marine Fisheries Service violated the Endangered Species Act and National Environmental Policy Act by failing to protect the monk seal from the lobster and bottomfish fisheries.

"NMFS cannot speculate that no jeopardy to monk seals or adverse modification of their critical habitat will occur because it lacks enough information regarding the impact of the fishery on seals," King wrote.

King issued his ruling Wednesday after earlier denying a preliminary injunction sought by Earthjustice Legal Defense Fund.

King will also hold a hearing on Earthjustice's request to close the bottomfish fishery. There are about a dozen bottomfish vessels operating in the Northwestern Hawaiian Islands that go after snappers -- onaga and opakapaka -- and jacks, such as ulua and papio.

King found that the federal agency had not adequately assessed the impact of the lobster fishery on monk seals and is allowing the bottomfish fishery to harm monk seals in ways not permitted by the law, said Paul Achitoff, attorney for Earthjustice.

Earthjustice filed the suit on behalf of Greenpeace Foundation, Center for Biological Diversity and Turtle Island Restoration Network.

Evidence has shown monk seals have been harmed during interaction with bottomfish fishermen, Achitoff said. The fisheries service is aware of reports of fishermen clubbing or shooting monk seals who steal their catch and monk seals being injured by bottomfish hooks, he said.

Greenpeace Foundation President Sue White said King's ruling sets legal precedent that makes extinctions less likely.

White, who has worked alongside fishermen in many fisheries, said the fishing industry can change its methods. "The monk seal can't."

Fisheries service officials could not be reached immediately for comment on King's latest ruling.

While the fisheries agency has argued that closing the lobster fishery could cause economic harm of $1 million to $2 million, the agency voluntarily agreed to close it this year while it prepares an environmental impact statement.

The agency is also preparing an impact statement on the bottomfish fishery.

The agency also indicated it will close certain areas -- Necker Island, Maro Reef and Gardner Pinnacles -- to lobster fishing through December 2001 and all other areas in the Northwestern Hawaiian Islands until December 2002.

Dr. Rebecca Lent, regional administrator for the fisheries service, has declared that except for the removal and replacement of lobsters for tagging and sampling, no lobsters will be removed until the impact statement is completed.

While King noted the agency is to be commended for closing the lobster fishery for an extended period, the agency has not taken official action to implement the closure.

Frank Farm, vice chairman of the Western Pacific Fishery Management Council, said it supports agency efforts to get more reliable data and complete an impact statement.

The council went along with the closure of the lobster fishery but supported more research and better stock assessments to determine the impacts, he said.

The fisheries service agrees that the overall status of the Hawaiian monk seal is "extremely grave."

Recent estimates indicate the population has dwindled to about 1,300 to 1,400 seals.