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The U.S. Fish and Wildlife Service (USFWS) has this month issued a proposal to regulate the killing of seabirds by vessels in the Hawaiian Swordfish Xiphias gladius fishery.  This action marks the first time the Migratory Bird Treaty Act (MBTA), the USA's foremost law protecting migratory bird species, has been invoked to protect seabirds in Federal waters.

Previously, only the Endangered Species Act (ESA) has been used to prevent seabird deaths caused by commercial longline fishing and it has been only addressed for the Short-tailed Albatross Phoebastria albatrus.  The MBTA has not historically been applied to the Hawaiian swordfish fishery because the National Marine Fisheries Service (NMFS) has asserted that it is out of the range covered by the MBTA.

A draft Environmental Assessment has been published by the USFWS in the USA's Federal Register, seeking public comment by 9 February (click here).

Predominantly Laysan P. immutabilis and Black-footed P. nigripes Albatrosses are taken by this fishery.

The above information is adapted from a press release by the American Bird Conservancy.

Click here for more details, with another report on this development at http://www.environment-hawaii.org/.

Laysan and Black-footed Albatrosses
Photograph by Eric Vanderwerf

Reference:

U.S. Fish and Wildlife Service 2012.  Draft Environmental Assessment.  Issuance of an MBTA Permit to the National Marine Fisheries Service Authorizing Incidental Take of Seabirds in the Hawaii-based Shallow-set Longline Fishery.  Portland:  U.S. Fish and Wildlife Service.  50 pp.

With thanks to Jessica Hardesty-Norris, Seabird Program Director, American Bird Conservancy for information.

John Cooper, ACAP Information Officer, 21 January 2012