Increased Protection Would Reduce Incidental Take of Critically Endangered Sharks in the Pacific
In addition to the hearings, comments can be provided online or via mail. All comments must be received by September 15, 2024.
- Online: Submit electronic comments via the Federal e-Rulemaking Portal
- Mail: Adrienne Lohe, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910
Learn about the ESA campaign and gear changes in our Kahu Manō campaign to save these sharks form extinction.
History
In a public hearing August 20-21 National Oceanic and Atmospheric Administration conducted hearings seeking comments on a proposed rule to extend protective regulations for threatened oceanic whitetip sharks under section 4(d) of the Endangered Species Act.
This species was once the most common large pelagic shark in the world, but its population has declined by over 95% since 1995. It is most threatened by fishing, but is also killed as bycatch.
The agency stated that due to the sharks’ slow reproduction rate and the ongoing threat from fishing, it is proposing to grant them the same protections as endangered species.
“ This rule would also make take prohibited. So all of the activities that were included in the definition … harm, harass, pursue, hunt, shoot, wound, kill, all of those things that constitute take would become prohibited for the species. And that’s whether take is intentional or not,” said NOAA’s Office of Protected Resources.
However, the changes are drawing concerns from the state and local fishers. The Hawaii Department of Land and Natural Resources’s Division of Aquatic Resources said it’s worried about criminalizing fishers for even accidental shark catches. Fishermen are recognized in Hawaii as a valuable sources of related data for government agencies including location, ID and assisting in tagging.
Weighing in for Hawaii fishermen, the DLNR wrote that criminalizing inadvertent interactions with (oceanic whitetips) may result in decreased willingness among fishers to collaborate with managers out of fear that self-reported information could be used to penalize them or restrict future fishing activity. Shark fishing is currently prohibited to both recreational and commercial fishermen in Hawaii state waters.
Oceanic Whitetip sharks are already heavily protected in Hawaiian waters. However, sports fishermen practice a deterrent measure called jugging which can harm the sharks, and there is also visual evidence and documentation of gunshots to avoid loss of catch.
During a public hearing on the proposed ruling in Hawaii, fishers and members of the pro-fishing Western Pacific Regional Fishery Management Council questioned the need for the rule.
Some testified that sharks are so abundant they’re affecting catches. However, data from the Hawaiian Longline Association, WEPAC and the IATTC all indicate that this species have been drastically overfished with numbers at 95% or less their original pre- industrial population numbers. NOAA Fisheries announce the initiation of a 5-year review for the oceanic whitetip shark (Carcharhinus longimanus).
On July 11, 2024, NOAA Fisheries published an initiation required by the Endangered Species Act to conduct 5-year reviews to ensure that the listing classifications of species are accurate. The 5-year review must be based on the best scientific and commercial data available at the time of the review. We request submission of any such information on the oceanic whitetip shark, particularly information on the status, threats, and recovery of the species that has become available since it was listed in 2018.
Submitting Comments
In addition to the hearings, comments can be provided online or via mail. All comments must be received by September 15, 2024.
- Online: Submit electronic comments via the Federal e-Rulemaking Portal
- Mail: Adrienne Lohe, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910
The DLNR also asked the agency to engage more with local fishers to get more information about fishermen’s perceptions of shark populations, rates of interaction, and potential costs, benefits, and efficacy of the proposed regulations.
The rule will affect fishermen not just in Hawaii but in all Pacific waters, yet given their pelagic, and tropical distribution, it will most impact oceanic whitetip sharks in Hawaiian fisheries.
The public can submit comments on the rule until Sept. 15.
The DLNR has asked NOAA to extend the public comment period on the change.
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