Full Text Of News Articles

Anglers report catching larger tuna, marlin
Honolulu Advertiser, December 15, 2003

Hawai'i's mosquito fleet is catching significantly larger yellowfin tuna and marlin than it has in decades — and some anglers attribute that to court-ordered curtailing of longline fishing around Hawai'i. Others say the good fishing may simply be a cyclical event, having little or nothing to do with longlining — or at least little to do with Hawai'i's offshore longlining fleet.

"The environment is changing all the time. Blue marlin catches go up and down on a five- to 15-year cycle and yellowfin tuna go up and down on a three- to seven-year cycle," said Chris Boggs, a fishery biologist with NOAA Fisheries in Honolulu.

But Boggs concedes that the decade-old closing of waters within 50 miles of shore to longliners could have an affect on yellowfin tuna catches. Tuna are generally believed to be far-traveling, but some scientists believe some yellowfin may remain around Hawai'i on a long-term basis, and these animals would benefit from a reducing in longline fishing pressure in the immediate region of the Islands.

Boggs said federal court bans on longlining for swordfish are unlikely to have had an impact, since American fishing boats — the only ones affected by the bans — represent less than 5 percent of the longline fishing pressure around Hawai'i.

Hawai'i to launch Reef Stamps
Honolulu Advertiser, December 11, 2003

You'll be able to put a piece of tropical coral reef on your letters next year, with the new Pacific Coral Reef stamps being issued by the U.S. Postal Service.

The stamps will be produced in panes of 10 that together depict a scene on a painting by Hilo artist John D. Dawson. Although they are being launched in Hawai'i, the scene shows a reef typical of the waters near Guam, with more than two dozen forms of marine life, including corals, sharks, eels, sea cucumbers and such delicate ocean beauties as Spanish dancers and clown triggerfish.

Postmaster General John E. Potter will introduce the new 37-cent stamps at 10:30 a.m. Jan. 2 at the Waikiki Aquarium. They'll be available at post offices in Hawai'i that day, and across the country the next day.

Keiko, the Most Famous Whale in the World, Dies in Norway
December 12, 2003

WASHINGTON, DC -- The Free Willy Keiko Foundation and The HSUS reported today that Keiko, the orca whale, died today in the Taknes Fjord, Norway, in the company of staff members who have been caring for him there.

Keiko’s veterinarian believes that acute pneumonia is the most likely cause of death, though he also cited that Keiko was the second oldest male orca whale ever to have been in captivity.

The two organizations managing Keiko’s reintroduction effort expressed sadness at Keiko’s death while also heralding his amazing journey.

David Phillips, president and founder of the Free Willy – Keiko Foundation stated, “Rescuing Keiko from a cramped pool in Mexico and bringing him back to his home waters is the most spectacular effort ever launched for an animal.” He continued: “Keiko was a champion; the most incredible whale.”

Paul Irwin, president of The HSUS added: “Our intention from the very beginning, over a decade ago, was to provide Keiko with the chance for freedom, and that is exactly what he got. He came a long, long way and showed that returning captive whales to the wild is not simply a dream.”

Dr. Lanny Cornell, Keiko’s lead veterinarian and a world renowned expert on orca care, stated: “The most likely cause of death is from acute pneumonia, though it must be noted that at age 27, Keiko was one of only two male orca whales ever to have survived past 25 years in captivity.” He continued: “We have monitored Keiko’s health very closely, and until only a day ago his appetite, activity and blood tests were all excellent.”

Yesterday, Keiko exhibited signs of lethargy and lack of appetite. Consultation was continuous between his caretakers and Dr. Cornell. His behavior was still abnormal this morning and his respiratory rate was irregular, but unfortunately these were apparently advanced signs of his condition. It is often the case that caretakers of whales and dolphins are unaware of a problem until the animal is near death, as wild animals often mask illness to avoid predation or loss of social status. With little warning, Keiko beached himself and died in the early evening local time.

A decade ago, Keiko was featured in the Hollywood movie, Free Willy, prompting a worldwide effort to rescue him from poor health, in an attempt to allow him to be the first orca whale ever returned to the wild.

In 1996, Keiko was flown aboard a United Parcel Service plane to a new rehabilitation facility in Newport, Oregon. There he was returned to health and trained in the skills necessary to be a wild whale. In late 1998, Keiko was flown in a U.S. Air Force jet to a sea-pen in Iceland. In the summer of 2002, Keiko joined the company of wild whales and swam nearly 1,000 miles to the Norwegian coast. Since then, Keiko has been cared for in a fjord where he was free to come and go by his own choice.

Keiko inspired millions of children to get involved in following his amazing odyssey and helping other whales. Keiko’s journey also inspired a massive educational effort around the world and formed the basis for several scientific studies. Thousands of people traveled to Norway in the past year to see Keiko, continuing his legacy as the most famous whale in the world.

Phillips stated: “Keiko was a trailblazer, the first orca whale ever rescued from captivity. There’s still a lot of work to be done to see that captive whales are given a chance to be free. Keiko showed what is possible if these animals are just given the chance.”

Irwin stated: “From the beginning, we did the right thing for Keiko and we intend to continue the fight to keep whales free.”

More information about Keiko and a timeline of his amazing journey to freedom can be found on The HSUS web site at www.hsus.org.

US Appeals Court rules again against Makah whale hunt

A United States federal appeals court has refused to reconsider its December 2002 ruling that gray whale hunts by the Makah Tribe must be subject to a full environmental impact statement and a special permit for the whalers.

The tribe and the U.S. government had asked the full court to reconsider the ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals.

The Makah’s attorney Jon Arum reported it was likely that the Tribe would file a second petition for a re-hearing. Ana application must be filed within 90 days. However, the government has not yet decided on its next step, according to Brian Gorman, spokesman for the Seattle office of the National Marine Fisheries Service.

The 9th U.S. Circuit Court of Appeals ruled in December 2002 that NMFS and the National Oceanic and Atmospheric Administration, its parent agency in the Commerce Department, failed to comply with the National Environmental Policy Act when their assessment determined there would be no significant impact from the hunt.

Judge rules for orca listing
By ROBERT McCLURE
SEATTLE POST-INTELLIGENCER REPORTER

A federal judge yesterday struck down the Bush administration's decision not to protect Puget Sound orcas under the Endangered Species Act, chastising federal officials for failing to consider the "best available science."

The U.S. District Court ruling was a major victory for environmentalists.

The National Marine Fisheries Service had justified its June 2002 decision by saying that even if orcas that reside in the Sound and nearby waters disappeared, their place could be taken by far-ranging transient orcas that sometimes visit.

The fisheries service's decision rested on the contention that only one species of orcas exists worldwide -- a finding that Judge Robert Lasnik noted dates to 1758 and that modern scientists consider "outdated and inaccurate."

The law "gives 'the benefit of the doubt to the species,' " Lasnik said, quoting earlier case law. "To deny (protection) of a species simply because one scientific field has not caught up with the knowledge in other fields does not give the benefit of the doubt to the species and fails to meet the best available science requirement."

The law requires the government to act if the disappearance of a species in a region would leave a "significant gap" in the species' original range. The Seattle judge said the orcas' disappearance from the Sound might constitute such a gap.

He told the fisheries agency to rethink this point and issue a new decision within a year.

"There's still a little bit of wiggle room for them to wiggle out of this, but, hey, it's the holiday season and these orcas just got a great gift," said Michael Harris of the Orca Conservancy. "We feel vindicated."

Patti Goldman, a Seattle attorney who represented the Center for Biological Diversity and other environmental groups in the case, said it will be difficult for fisheries service not to extend Endangered Species Act protections to the orcas.

Brian Gorman, a fisheries service spokesman, emphasized that the agency is seeking to protect the orcas under another law, the Marine Mammal Protection Act, and has launched a research campaign to better understand the reasons behind the whales' decline.

"If we decide not to appeal, we'll go and fix this thing," Gorman said.

The resident orcas' numbers have dropped to 84 from 97 in 1996. Conservationists believe the population numbered as high as 200 at one time.

"One of the challenges is to determine what's causing the population decline," Gorman said. "If it's something outside our control, it would be good to know that, although that would be frustrating."

The Marine Mammal Protection Act focuses on protecting animals from direct harm or death. In some circumstances, it requires the development of a species recovery plan, something like the Endangered Species Act.

But the Endangered Species Act also empowers environmentalists to bring lawsuits to force the government to take steps to protect a dwindling species -- a powerful weapon that could affect a wide range of activities.

The Endangered Species Act might also be used to affect government decisions about dumping of pollutants, development near breeding grounds of the fish orcas eat, and decisions about ship traffic, environmentalists said.

"It requires habitat protection," activist Fred Felleman said.

A key issue in the court case was whether the orcas found in Puget Sound, known as southern residents, are distinct from those found in Canada, Alaska and elsewhere.

The fisheries service's science team "unanimously concluded that the southern resident killer whales are discrete from other killer whale populations," the judge wrote -- an important criterion for protecting a species under the law.

A key piece of evidence supporting this conclusion is that the southern residents do not interbreed with other orca populations. They also look slightly different.

The scientific team organized by fisheries agency calculated that their chance of going extinct in the next century is between 12 percent and 30 percent, based on the whales' recent mortality rates. Over the course of 300 years, that chance rises to between 86 percent and 98 percent -- a "relatively high" risk of extinction, the scientists said.

But agency brass did not protect the orcas under the Endangered Species Act, saying the Puget Sound orcas are not a "significant" subset of the overall orca population.

The agency will now have to rethink that point.

Cooperative is monitoring Luna over the winter
Tribes, Canada and the U.S. are watching over the killer whale
By PEGGY ANDERSEN, THE ASSOCIATED PRESS

Luna, the U.S.-born killer whale who's spent two years alone in Canada's Nootka Sound, is being monitored over the winter by fisheries agents with help from local Indians, police and residents, Canada's Department of Fisheries and Oceans said yesterday.

The U.S. and Canadian governments are cooperating in an effort to reunite the 4-year-old male orca next spring with its family, L-pod, which spends much of the year chasing salmon near the San Juan Islands.

In recent weeks, the fisheries department said in a news release, Luna has been wandering throughout the sound to forage for food -- moving away from the dock at Gold River where it had become somewhat of a tourist attraction last summer.

Luna "was reported interacting with some of the local sea lions," the release said.

The agency has been working with its U.S. counterpart, the National Marine Fisheries Service, to determine the best means and timetable for moving Luna.

The agencies also have been consulting with a panel of experts formed to guide that effort and the successful 2002 move of another young killer whale.

Officials had hoped Luna would reconnect with its family on his own, but that has not happened. It has spent much of the past two years deep in Nootka Sound on the west side of Vancouver Island.

The decision to move it was made this year as its approaches to boats and seaplanes posed increasing risks. The whale also learned to disable boats, which irritated sports anglers.

The winter monitoring program is being led by local fisheries officers in cooperation with the Royal Canadian Mounted Police, the Mowachat/Muchalaht First Nation and supportive residents.


The U.S. and Canadian fisheries agencies worked together in summer 2002 to move another young orca -- a 2-year-old female called Springer -- back to Canadian waters from busy Puget Sound, where it had wandered after its mother died.

That effort was deemed a success when Springer returned to Canada's inland waters with her family last summer.

Luna's situation is a little different. It's older and its mother, still alive, has a new calf.

The region's killer whale pods -- known as the northern and southern resident populations -- are fish-eaters that spend months in the waters between Vancouver Island and the inland U.S. and Canadian coasts. It is not known where they spend winters, though they've been seen off California and Alaska.

The population of the U.S. group has dwindled from an estimated high of 125 animals to 84 today, including Luna, as it struggles with pollution, human encroachment and dwindling salmon runs.

NMFS declared the group a "depleted" population in 2002, which allows for more study.

New humpback article:
Craig, A.S., Herman, L.M., Gabriele, C.M. and Pack, A.A. 2003. Migratory timing of humpback whales (Megaptera novaeangliae) in the central North Pacific varies with age, sex and reproductive status. Behaviour, 140(8):981-1001.

Humpback whales migrate seasonally between high-latitude summer feeding grounds and low-latitude winter breeding grounds. Identification photographs of humpback whales were collected in the Hawaiian Islands between 1977 and 1995, and sighting histories were compiled for individuals. Analyses revealed that (a) mean dates of first identification were significantly earlier for juveniles and females with no calf than for males and females with a calf off the Big Island, and significantly earlier for juveniles than for females with no calf, males and females with a calf off Maui; and (b) mean dates of last identification were significantly earlier for juveniles and females with no calf than for males and females with a calf off the Big Island, and significantly earlier for females with no calf than for males and females with a calf off Maui.

A within-subjects comparison showed that the date of first identification tended to be later for individual females in the years when they had a calf than in the years during which they had no calf. It was concluded that
(a) migratory timing varies as a function of age, sex and reproductive status,
(b) migratory timing is intimately connected with reproductive success and
(c) migratory timing has important consequences for our understanding of humpback whale behaviour on the winter grounds.

End May Be Near for Swordfish Fleet
Federal officials propose tough restrictions on West Coast commercial fishermen in an attempt to protect sea turtles.
L.A. Times, December 18, 2003

The federal government on Wednesday proposed shutting down the West Coast's commercial swordfish fishing fleet, saying that too many sea turtles are being inadvertently snagged on baited hooks in violation of the Endangered Species Act.

The proposed regulations by the National Marine Fisheries Service come as a federal judge in San Francisco is considering closing down the same San Pedro-based fleet under a lawsuit by conservationists aimed at avoiding the projected extinction of the leatherback sea turtle and arresting the decline of other turtles.

Most of the two dozen remaining long line fishing boats were pushed out of Hawaii a few years ago by similar restrictions adopted to protect sea turtles. Now, this group of mostly Vietnamese American fishermen face the loss of their livelihood if the restrictions are adopted in a 1,200-mile swath of Pacific Ocean between Hawaii and the coast of California, Oregon and Washington.

The proposed regulations, which could go into effect in March, focus exclusively on "long lining," a fishing practice of unfurling lines of baited hooks that stretch as far as 50 miles off the stern of boats. Specifically, the regulations would ban setting these lines in waters near the surface, usually within the top 100 feet, which tend to lead to more encounters with air-breathing sea turtles.

Government to Warn Women of Mercury in Tuna, Report Says
December 12, 2003, Reuters

The U.S. government plans to warn women of childbearing age to limit their consumption of tuna because of concerns about mercury poisoning, The Washington Post reported on Thursday.

A draft advisory from the Food and Drug Administration and the Environmental Protection Agency cautions pregnant women, nursing mothers, young children and women of childbearing age to limit their intake of tuna and other fish and shellfish to 12 ounces a week, the Post said.

The FDA has previously warned pregnant women against eating shark, swordfish, king mackerel and tilefish because of their high levels of mercury, but had not included tuna on that list because it feared women would substitute it with less nutritious food. Among seafood, tuna ranks second only to shrimp in popularity in the United States.

Study: Global Warming Changing Ocean Salinity
December 17, 2003, Newsday

Startling signs that global warming is changing patterns of rain, snow and ocean currents that drive the climate system were reported Wednesday by scientists monitoring the ocean's saltiness.

According to oceanographer Ruth Curry, sea surface waters in tropical regions have become dramatically saltier over the past 50 years, while surface waters at high latitudes, in Arctic regions, have become much fresher. These changes in salinity seem to have accelerated in the 1990s.

"This is the signature of increasing evaporation and precipitation" occurring because of warming, Curry said, "and a sign of melting ice at the poles. These are consequences of global warming, either natural, human-caused or, more likely, both."

Along with global warming comes the danger of rising sea levels and coastal flooding, which would affect the American Northeast.

Report Says Valdez Oil Spill Impacts Long-Lasting
Dec. 19 , 2003, Reuters

A study published on Friday in the journal Science has found the devastating effects on Alaska's waters and beaches from 1989's Exxon Valdez oil spill lasted far longer and are far worse than first suspected. When the Valdez supertanker slammed into a reef and started pouring 11 million gallons of crude oil into Alaska's Prince William Sound, scientists knew thousands of birds and sea mammals would die quickly. But they predicted the environment would recover as soon as the oil weathered and dissipated.

Instead, sea life suffered for years, because even tiny patches of remnant oil lowered survival, slowed reproduction and stunted growth. Lingering oil has created cascading problems for fish, birds and marine mammals, according to the new study.

An important lesson of the spill, the authors said, is that environmental regulations must consider more than immediate, acute effects of oil exposure. That may mean stricter water-quality standards or tougher rules on limiting water pollution created by storm drainage, they said.

The report combined government studies about the oil spill with problems seen in sea otters, harlequin ducks, juvenile salmon and shellfish. Patches of oil that persist on some beaches release enough hydrocarbons to cause chronic problems that, for some species, continue even today, said the authors. Exxon Mobil Corp. disputed the scientists' findings.