The Threatened Status of Steller Sea Lions, Eumetopias Jubatus, Under the Endangered Species Act: Effects on Alaska Groundfish Fisheries Management
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The Threatened Status of Steller Sea Lions, Eumetopias jubatus, under the Endangered Species Act: Effects on Alaska Groundfish Fisheries Management LOWELL W. FRITZ, RICHARD C. FERRERO and RONALD J. BERG Introduction altered fishery resource management in listed under the ESA were large ceta the Gulf of Alaska, Bering Sea, and ceans. These animals were among the During the 1970's, the U.S. Congress Aleutian Islands regions. In 1976, the first to be listed in 1973 after nearly two passed legislation which significantly Magnuson Fishery Conservation and centuries of commercial whaling sig Management Act (MFCMA) instituted nificantly reduced their populations. Lowell W. Fritz and Richard C. Ferrero are with a fishery management system under The majority of these harvests occurred the Alaska Fisheries Science Center, National NOAA's National Marine Fisheries Ser outside of Alaska waters. In contrast, Marine Fisheries Service, NOAA, 7600 Sand Point Way N.E., Seattle, WA 98115, and Ronald vice (NMFS) and established the North the Steller sea lion listing addressed a J. Berg is with the Alaska Regional Office, Na Pacific Fisheries Management Council more recent phenomenon, and it was tional Marine Fisheries Service, NOAA, Federal Building, 709 West 9th St., Juneau, AK 98802. (NPFMC). Earlier, the Marine Mammal prompted by studies in the 1970's and This paper was presented at a symposium entitled Protection Act (MMPA) of 1972 ad 1980's that revealed major declines in "Fisheries Management: Global Trends," June dressed the diminished status of many abundance in the core of the species' 1994, held in Seattle, Wash., which was spon soredjointly by the University ofWashington and marine mammal populations and intro range (Fig. 1) (Braham et a!., 1980; the National Marine Fisheries Service. duced mechanisms to limit their mortal Merrick et a!., 1987; Loughlin et a!., ity in commercial fisheries operating in 1992) and a deterioration in individual ABSTRACT-In April 1990, the Steller side the u.s. 3-200 n.mi. Exclusive Eco condition (Calkins and Goodwin l ). For sea lion, Eumetopias jubatus, was listed as nomic Zone (EEZ). And in 1973, the En the first time under the ESA, a coastal threatened under the U.S. Endangered Spe cies Act by emergency action. Competitive dangered Species Act (ESA) established piscivorous marine mammal was listed interactions with the billion-dollar Alaska rules to protect species considered to be which had both a history of high inci commercial groundfish fisheries have been threatened with or in danger ofextinction. dental takes by fisheries and an overlap suggested as one ofthe possible contribut Even as the MFCMA shaped the in diet and distribution with those fish ing factors to the Steller sea lion popula tion decline. Since the listing, fisheries man character of U.S. fisheries, the MMPA eries (Calkins and Pitcher, 1982; Loughlin agers have attempted to address the poten and particularly the ESA influenced and Nelson, 1986; Perez and Loughlin, tial impacts of the groundfish fisheries on fisheries management where interac 1991; Calkins and Goodwin l ). Steller sea lion recovery. In this paper, we tions with marine mammals occur. This The listing of Steller sea lions as a review pertinent Federal legislation, bio broadened attention to potential rela threatened species created new chal logical information on the Steller sea lion decline, changes in the Alaska trawl fish tionships between commercial fisheries lenges for fisheries managers needing ery for walleye pollock, Theragra chalco and marine mammals was evident in the to balance the conservation and recov gramma, since the late 1970's, andpossible Alaska groundfish fisheries after the ery requirements of the ESA for Steller interactions betweenfisheries andsea lions. NMFS listed the Steller sea lion, sea lions with the needs of the Alaska Using three cases, we illustrate how the list ing of Steller sea lions has affected Alaska Eumetopias jubatus, as a threatened groundfish fishery, one of the largest groundfish fisheries through: I) actions taken species under the ESA (5 April 1990; fisheries in the world. This paper ex at the time oflisting designed to limit the po 55 FR 12645). The Steller sea lion list amines how the threatened status of the tentialfor direct human-related sea lion mor ing has been an important factor in the Steller sea lion has affected groundfish tality, 2) actions addressing spatial and tem recent evolution in North Pacific fisheries management off Alaska using poral separation offisheries from sea lions, and 3) introduction of risk-adverse stock as groundfish fisheries management and three examples of management actions sessment methodologies and Steller sea lion has heightened awareness of the impact from the time of listing to the present. conservation considerations directly in the fisheries may have on marine ecosys annual quota-setting process. This discussion tems in general and on nontarget, I Calkins, D., and E. Goodwin. 1988. Investiga shows some of the ways that North Pacific nonfish species in particular. tion of the declining sea lion population in the groundfish resource managers have begun to Gulf of Alaska. Rep. Alaska Dep. Fish Game, explicitly consider the conservation ofmarine Prior to 1990, the only marine mam 333 Raspberry Road, Anchorage, AK 99518 mammal and other nontarget species. mal species inhabiting Alaska waters 1599,76 p. 14 Marine Fisheries Review These actions are placed in context by between Steller sea lions and commer The NPFMC receives advice from a first reviewing 1) the legal and manage cial groundfish fisheries. Scientific and Statistical Committee ment framework under which Alaska (SSC) on the acceptable biological Legal and Management Framework groundfish fisheries are managed, 2) the catch (ABC) and overfishing level for recent history of the largest fishery off each target species, and an Advisory Magnuson Fisheries Conservation Alaska, the trawl fishery for walleye Panel (AP) of industry representatives and Management Act pollock, Theragra chalcogramma, 3) on the total allowable catch (TAC) based possible causes of the decline in the The primary objective of the MFCMA on economic and social concerns. The Steller sea lion population in Alaska, is to conserve and manage U.S. fishery ABC's are initially determined by stock and 4) the nature of the interactions resources for sustained human use. To assessment scientists and reviewed by achieve this goal, regional fishery man separate Bering Sea and Aleutian Is 120,000 '"c agement councils (e.g., the NPFMC) lands (BSAI) region and Gulf ofAlaska ~ 100,000 were established to manage fisheries (GOA) Plan Teams. The ABC's have '"Q) '" 80,000 inside the U.S. EEZ. Councils manage generally been developed using single ~ 60,000 fisheries through development of fish species stock assessment philosophies ~ '0 40,000 ery management plans (FMP's) which (e.g., Pope, 1972; Deriso et aI., 1985; Q; .c outline how optimum yields will be Methot, 1990; Clark, 1991) which § 20,000 2 Z achieved while preventing overfishing. maximize yield while preventing over 0 55 65 75 85 Management councils are composed of fishing of each species, but do not ex Year representatives of Federal and state plicitly account for trophic interactions Figure L - Number of adult and juve agencies as well as the private sector. with other taxa. nile Steller sea lions counted on trend rookeries and haul outs from the Kenai 2 Groundfish fisheries off Alaska are managed Marine Mammal Protection Act Peninsula (long, 1500 W) to Kiska Island by two FMP's covering I) the Gulf of Alaska (long, 177°E), Alaska, during 7 surveys (GOA; the southern coast to long. 1700 W), and The purpose of the MMPA is to pro conducted from 1957 to 1992, 2) the Bering Sea/Aleutian Islands (BSAI). vide protection for marine mammals so Steller sea lions, Eumetopias jubatus, 57(2),1995 15 that their populations are maintained as establish teams of experts in marine tat is broadly defined as "the specific significant, functioning elements of a mammal conservation and biology and areas ... essential to the conservation healthy marine ecosystem. The MMPA fishing practices that will develop plans of the species and which may require placed a moratorium on the take (i.e., to reduce the levels of incidental take special management consideration or harassment, hunt, capture, or kill) and of strategic stocks in fisheries. The 1994 protection." As discussed below with importation of marine mammals, but amendments retain the zero mortality respect to Section 7 of the ESA, the ar contained provisions for limited takes rate goal for marine mammals in fish eas designated as critical habitat can in the course of commercial fishing eries and specify that all fisheries must have important management implica operations. Although the ultimate goal attain that goal within seven years. tions: Federal agencies proposing ac was to reduce takes to negligible lev tions within critical habitat must ensure Endangered Species Act els, two mechanisms were established that their actions are not likely to de for allowing some incidental take: gen The goals of the ESA are to prevent stroy those features which make it eral permits and small take exemptions the extinction of species, to encourage "critical" nor adversely modify its use (added to the MMPA in 1981). The recovery of listed species to the point fulness to the listed species. Designa former mechanism allowed large num that they no longer need protection, and tion of critical habitat by itself, how bers of a species to be taken if it was at to preserve their ecosystems. Conser ever, does not restrict any activity in the or above its optimum sustainable popu vation and recovery of listed species are area. lation (aSP), while the latter allowed accomplished through the prohibition of On 1 April 1993 (58 FR 17181), the more limited taking without the need certain acts that are known or thought NMFS published a proposal designat to establish the status of the affected to harm the species and by requiring ing Steller sea lion critical habitat which population.