Copyleft

Creative Commons License
ESAblawg is an educational effort by Keith W. Rizzardi, board certified by The Florida Bar in State & Federal Government & Administrative Practice. Photos and links may be copyrighted; otherwise ESAblawg is published with a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License.

TFBcertificationLittle1.jpg View Keith Rizzardi's profile on LinkedIn

Subscribe!

 Full Posts  Comments

Bloglines Subscribe in Bloglines
Newsgator Subscribe in NewsGator Online
MyYahoo
Google Add to Google
netvibes Add to Netvibes

Founders

KEITH W. RIZZARDI (West Palm Beach, FL). Keith is a Board Certified Lawyer in State & Federal Government & Administrative Practice, and previously litigated Endangered Species Act cases in federal courts as a Trial Attorney for the U.S. Department of Justice, Environment and Natural Resources Division. Today, Keith serves the South Florida Water Management District as an administrative, environmental and Endangered Species Act lawyer, and his responsibilities include the Everglades restoration. He is a former Chair of The Florida Bar Government Lawyer Section.

KEVIN S. PETTITT (Washington, DC). Kevin is an IT consultant specializing in Lotus Notes & Domino, which powers ESABlawg.com as well as his own Lotus Guru blog. He has helped with all aspects of the technical design of this site. He is also a long-time student of environmental science, photography, and urban planning, and periodically comments on the content here.

Contributors

PETE DAVID (Albuquerque, NM). Pete is a Certified Wildlife Biologist with 25 years experience with land stewardship and natural resources programs. He previously worked with the South Florida Water Management District, Florida Department of Environmental Regulation, U.S. Department of Defense, U.S. Forest Service, and U.S. Fish and Wildlife Service (FWS). His project experience includes reintroducing the federally endangered red-cockaded woodpecker to South Florida, and the Middle Rio Grande Endangered Species Act Collaborative Program in New Mexico. Today, Pete continues to work on endangered species issues as a Senior Project Manager for SWCA Environmental Consultants in Albuquerque.

YELIZAVETA BATRES (West Palm Beach, FL). Liz is currently clerking at the Florida Fourth District Court of Appeal, after graduating from the University of Florida Levin College of Law, where she was a senior research editor of the Law Review. Liz also interned at the U.S. Department of Justice, Environment and Natural Resources Division.

florida gators... never threatened!

If you ain't a Gator, you will be, because gator blood looks like our pharmaceutical future. Click here to read the relevant ESA musing.gatorlogo2.gif

« 9th Circuit finds ESA lawsuit related to tower strikes cannot be used to avoid FCC's administrative process | Main| Section 1983 claims related to endangered mussels in Neversink River sent off to Neverland by federal judge »

NOAA finalizes speed restrictions to protect North Atlantic right whales

Category
Bookmark : del.icio.us  Technorati  Digg This  Add To Furl  Add To YahooMyWeb  Add To Reddit  Add To NewsVine 


73 Fed. Reg. 60173 / 73 FR 60173-60191 / Friday, October 10, 2008 (National Oceanic and Atmospheric Administration; 50 CFR Part 224; Docket No. 040506143–7024–03; RIN 0648–AS36; Endangered Fish and Wildlife; Final Rule To Implement Speed Restrictions to Reduce the Threat of Ship Collisions With North Atlantic Right Whales.)

SUMMARY: NMFS establishes regulations to implement speed restrictions of no more than 10 knots applying to all vessels 65 ft (19.8 m) or greater in overall length in certain locations and at certain times of the year along the east coast of the U.S. Atlantic seaboard. The purpose of the regulations is to reduce the likelihood of deaths and serious injuries to endangered North Atlantic right whales that result from collisions with ships.
DATES: This final rule is effective December 9, 2008 through December 9, 2013.

rightwhales.jpg
With the exception of North Pacific right whales, North Atlantic right whales are the world’s most critically endangered large whale species and one of the world’s most endangered mammals. Population models suggest that their abundance may have increased at about 2 percent per year during the 1980s, but that it declined at about the same rate in the 1990s.  Although the Endangered Species Act and Marine Mammal Protection Act make it illegal to strike a right whale with a ship, NOAA concluded that "there is a role for rigorous and effective measures to minimize the risk of illegal takings of right whales resulting from ship collisions and to promote efforts to conserve and recover the population."  A study of ship strikes concluded that "most deaths occurred when a vessel was traveling at speeds of 14 knots or greater and that, as speeds declined below 14 knots, whales apparently had a greater opportunity to avoid oncoming vessels."  Ship safety and steering abilities were still maintained at 10 knots.  Photo from NOAA.  

KEITHINKING: NOAA's concern about maritime strikes is justified by data, including the many sightings along the coastline listed in the Northeast U.S. Right Whale Sighting Advisory System.

Post A Comment

:-D:-o:-p:-x:-(:-):-\:angry::cool::cry::emb::grin::huh::laugh::lips::rolleyes:;-)

Disclaimer

Visiting or commenting on this site does NOT create a lawyer-client relationship, and readers should conduct their own legal research or retain counsel. All entries reflect the independent thoughts of the authors, and accuracy or timeliness of information is not guaranteed. This site is not affiliated with any governmental entity.

lawyer blogs

Search

ESA in the news

Add to Technorati Favorites Blog Ratings

16 U.S.C. §1531 et. seq.

"The Congress finds and declares that -

(1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;

(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;

(3) these species of fish, wildlife, and plants are of aesthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people."

16 U.S.C. §1531(a)

The purpose of the Endangered Species Act is "to provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved."

16 U.S.C. §1531(b)

Reasons for ESA Reform

1. ECOSYSTEM (MIS)MANAGEMENT. The ESA encourages selective review of individual species needs, even though nature pits species needs against one another. Furthermore, the ESA's single-species focus detracts from efforts to achieve environmental restoration and ecosystem management.

2. SCIENTIFIC UNCERTAINTY: While the ESA requires consideration of the "best available science," sometimes the best is not enough, forcing decisions under great uncertainty. The ESA, however, is generally proscriptive, regulatory, and absolute; as a result, it insufficiently allows for adaptive management.

3. LITIGATION: ESA implementation is at the mercy of the attorneys. Cases involving one listed species can serve as a proxy for hidden agendas, especially land use disputes, and regardless of actual species needs, litigation and judicial orders set agency priorities. In the end, realistic solutions disappear amidst court-filings, fundraising, and rhetoric.

4. PRIVATE LANDS: Up to 80% of ESA-listed species habitat is on privately owned lands. While the ESA can place reasonable restrictions on private property rights, there are limits. But the best alternatives have limits too, such as Federal land acquisition and the highly controversial "God Squad" exemptions.

5. FUNDING: Protecting species is expensive, but resources appropriated by Congress are limited. An overburdened handful of federal agency biologists cannot keep pace with the ESA's procedural burdens, nor court-ordered deadlines (see #3 above). Provisions requiring agencies to pay attorney's fees to victorious litigators -- who challenge the hastily written documents prepared by overworked bureaucrats -- simply exacerbate the problem.

Reasons for the ESA

1. ECOLOGICAL: Species have a role in the web of life. Who knows which missing link causes the collapse?

2. ECONOMICAL: Species have actual, inherent, and potential value -- some as food, others as tourist attractions. As Congress said, these species have "aesthetic, ecological, educational, historical, recreational, and scientific value to the Nation." 16 U.S.C. §1531(a).

3. MEDICAL: Although perhaps a subset of economics, medical reasons for the ESA deserve special note, because today's listed species could be tomorrow's cure for cancer.

4. MORAL: With each extinction, we take something from others. We must prevent "the tragedy of the commons."

5. THEOLOGICAL: Even the Bible instructed Noah to save God's creatures, male and female, two by two.

Noah's orders

GENESIS, Chapter 6: [v 20] "Of the birds according to their kinds, and of the animals according to their kinds, of every creeping thing of the ground according to its kind, two of every sort shall come in to you, to keep them alive. [v 21] Also take with you every sort of food that is eaten, and store it up; and it shall serve as food for you and for them."

GENESIS, Chapter 9: [v12] "And God said, This is the token of the covenant which I make between me and you and every living creature that is with you, for perpetual generations"

"The power of God is present at all places, even in the tiniest leaf … God is currently and personally present in the wilderness, in the garden, and in the field." – MARTIN LUTHER

Notable quotables

"A nation, as a society, forms a moral person, and every member of it is personally responsible for his society." – Thomas Jefferson (1792)

TJ.jpg

"Conservation means development as much as it does protection. I recognize the right and duty of this generation to develop and use the natural resources of our land; but I do not recognize the right to waste them, or to rob, by wasteful means, the generations that come after us." – Theodore Roosevelt (Aug. 31, 1910)

TRphoto.jpg

images.jpg