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Marine Turtle Newsletter 84:17-19, © 1999

Marine Turtle Newsletter-Online

NEWS AND LEGAL BRIEFS

This section is compiled by Michael Coyne. Please submit news and legal briefs regarding marine turtles to the MTN-online website <https://seaturtle.org/mtn/> or forward via e-mail to mtn@seaturtle.org with the subject header: MTN News and Legal Briefs. It is requested that a copy of original news sources be faxed to M.Coyne at +1 301 713 4384 or mailed to: 1305 East-West Hwy, Rm 9216, Silver Spring MD, 20902, USA.

Suit Filed to Protect Turtles of Hawaii

On February 24, 1999, the Sea Turtle Restortion Project of Turtle Island Restoration Network and the Center for Marine Conservation, represented by Earthjustice Legal Defense Fund, filed a lawsuit in federal district court in Hawai'i against the National Marine Fisheries Services and others for violating federal law in connection with the continued hooking of sea turtles by the Hawai'i-based longline fishery. The suit follows years of frustration with NMFS's inaction in the face of the fishery's annual catch of hundreds of turtles, primarily loggerheads, olive ridleys, and leatherbacks, while knowing that turtle stocks particularly of Pacific leatherbacks have been declining dramatically.

Following the depletion of Atlantic swordfish stocks by overfishing, many swordfish longliners relocated to Hawai'i in the late 1980's. Hooking of turtles by the hundreds each year immediately followed. It is thought that the fishing location, depth of hook, and use of lightsticks to attract fish all contribute to the high rate of turtle catch associated with the swordfish fishery.

The suit alleges that NMFS's determination that the fishing activities do not jeopardize the species' continued existence, and its authorization of continued "take" of hundreds of the endangered turtles, violate the Endangered Species Act, and that its failure to prepare an Environmental Impact Statement for the fishery violates the National Environmental Policy Act. The plaintiffs intend to seek an injunction halting activities that threaten the turtles. Source: Paul Achitoff, Eathjustice Legal Defense Fund.

Mexican Environmentalists Report 50 Gray Whale Deaths

Fifty gray whales have been found dead near Mexico's Baja California Peninsula an all-time high for a migratory season. The Group of 100 said the cause of the deaths has not been determined, but it suspects environmental contamination. The giant sea mammals migrate each year from the Arctic waters of the Bering Straits down through the Pacific, typically staying in Mexican waters between December and March. This year, 18 dead whales have been found in the Ojo de Liebre and Guerrero Negro lagoons, where a salt company in which the Mexican government has a majority stake operates, the group reported.

Several environmental groups claim the company, known as ESSA, is responsible for killing dozens of sea turtles and other wildlife with discharges of brine extremely salty water that is the byproduct of salt production. Five environmental organizations three in Mexico and two in the United States filed a criminal complaint against the company with Mexico's attorney general on Wednesday. ESSA has denied any wrongdoing. Plans by ESSA to build another, similar plant in a lagoon farther south on the peninsula have sparked greater concern among environmentalists. The lagoon is part of the El Vizcaino Biosphere Reserve, which was declared a U.N. World Heritage Site in 1994. Source: CNN, 12 March, 1999

New Data Reverse Turtle's Place on Reptile Tree

A recent study has suggested a rewriting of the evolutionary history of turtles. The new molecular research declares turtles to be close relatives of crocodiles. According to the study, turtles and crocodiles appear to be more modern than lizards, snakes and birds on the reptile family tree. Dr. Blair Hedges, evolutionary biologist at Pennsylvania State University and an author of the controversial paper, said that other researchers had found similar results with turtles in much smaller studies of DNA and protein. Source: NY Times, 12 February, 1999.

TAMUG Researchers Awarded $720,000

The Texas and Louisiana Sea Grant College Programs have awarded more than US$720,000 to Texas A&M University researchers to investigate Galveston Bay water, oyster diseases and endangered sea turtles. A three-year grant of US$240,000 was awarded to Andre M. Landry Jr. to continue his study of the population status of the critically endangered Kemp's ridley sea turtle in near-shore gulf waters. Source: Galveston Daily News, 14 December, 1998.

Mixed fortune for Costa Rican Sea Turtles

Decades of turtle conservation efforts in Costa Rico are paying off, experts say, more than doubling the number of annual nests being found on the beach over the last 20 years. On the downside, poaching pressure at the young turtles' feeding grounds keeps them on the precipice of extinction.

Scientists from the University of Florida and the National Marine Fisheries Service analyzed decades of green turtle nesting data collected by the Caribbean Conservation Corporation at Tortuguero, Costa Rico. Results showed that the number of nests found on the 22-mile-long beach steadily increased from 1971 through 1996 from fewer than 20,000 to more than 50,000. Source: Environmental News Network, 10 February, 1999.

Mediterranean Marine Turtle Experts Meeting

A meeting was held in Arta (Greece) from 27th-29th October 1998 in order to review the implementation of the Action Plan for the Conservation of Mediterranean Marine Turtles, adopted within the Mediterranean Action Plan (MAP) of UNEP in 1989, and to draw up a new revised version. Experts designated by the countries which are Contracting Parties to the Barcelona Convention, UN bodies, Inter-Governmental and Non-Governmental Organisations attended the meeting, and adopted a revised text of the Action Plan. A further meeting was convened on 18th -20th February 1999 in Tunis (Tunisia), aiming to produce a list of priority actions at Regional and Sub-Regional levels, for the implementation of the Action Plan. The text is to be submitted for adoption, at the next Ordinary Meeting of the Contracting Parties to the Barcelona Convention for the Protection of the Mediterranean Sea against Pollution, due to take place in Malta, in October 1999. The meetings were convened and organised by the MAP Regional Activity Centre for Specially Protected Areas (RAC/SPA) based in Tunisia, which also acted as the Secretariat to the meetings. Source: MEDASSET.

Protecting Endangered Turtles in Ghana

Three species of sea turtle nest along the shores of Ghana, according to a recent study conducted by the Wildlife society of Ghana. Leatherback, green and olive ridley turtles are found on the flat and sandy beaches of Elmina and Gomoa-Fete, west of Accra, and at Keta, near the eastern border with Togo. Ghana has declared marine turtles as endangered species which cannot be hunted.

The law makes it an offence punishable by fine, imprisonment or both, to capture, kill or collect the eggs of turtles at any time of the year. Years of campaigns by the Wildlife Society of Ghana, a voluntary group of wildlife conservationists and the government's Wildlife Department, have created some awareness among coastal groups on the need to conserve the turtles. All local assemblies along the country's 640-kilometre coastline have passed by-laws to protect the animals. In spite of the laws, marine turtles are harvested for their meat and oil. Pigs and dogs also dig and consume their eggs. This has led to the establishment of task forces along the key turtle nesting beaches from Prampram to Ada. All dog and pig owners have been warned to keep their animals from straying to the beaches. A local administrator in Ada said the district assembly considers the animal a tourist attraction and has built chalets for persons wishing to view the turtles as they lay eggs. Source: Inter Press Service, 6 January, 1999.

US Navy to Shock Test Seawolf Submarine

The US Department of the Navy, persuant to the National Environmental Policy Act, announced its selection of the area of the Atlantic Ocean offshore of Mayport Naval Station, Jacksonville, Florida for SEAWOLF submarine shock testing. Testing offshore of Mayport will be conducted between 1 May and 30 September, 2000 to minimize the risk to sea turtles which may be more abundant in the Mayport area during April. Two areas were evaluated with respect to operational criteria and environmental impacts. Both were determined to meet all of the Navy's operational requirements. In choosing the Mayport area, the Navy determined that while most environmental impacts of shock testing would be similar at both locations, the risk of mortality and injury to marine mammals is about five to seven times lower at Mayport. This Record of Decision leaves the selection of a single primary and two secondary test sites within the Mayport test area to be made based on aerial surveys of marine mammals and turtles done three weeks prior to the shock test. Source: US Federal Register: 21 January, 1999 (Volume 64, Number 13)

US Fisheries Management Council Votes to Ban Harvest of Sargassum

The South Atlantic Fishery Management Council voted to ban the harvest and possession of Sargassum in the South Atlantic Exclusive Economic Zone effective 1 January 2001. During this two-year phaseout, harvest would be capped at 25 tons/yr (the harvest forecast for this period was 180 tons/yr) and restricted to the area of ocean >100 nautical miles from the coastal Outer Banks of North Carolina, USA, and between latitudes at the northern and southern borders of the State of North Carolina. The South Atlantic Fishery Management Council prepares management plans for fisheries and makes recommendations to the US federal agency responsible for enforcing fisheries (and endangered species) regulations, the National Marine Fisheries Service.

Before deliberation the council heard presentations on the value of the pelagic Sargassum community to approximately 100 species of fishes and to sea turtles. Post-hatchling loggerhead turtles are commonly found in Sargassum at the Gulf Stream Front where the Sargassum harvest has taken place. A principal concern of the Council was that small loggerheads would be collected with the Sargassum and killed.

The National Marine Fisheries Service now has the task of reviewing the management plan issued by the Council as part of a formal consultation directed under the US Endangered Species Act. In this consultation, the Service would issue a "biological opinion" that would specify tolerable levels of incidental take (e.g., mortality), set forth monitoring efforts to record this take, and limit the nature of the harvest in order to further reduce take during the phaseout. Source: Blair Witherington, Florida Department of Environmental Protection, USA.

Sea Turtle Hatchlings on the Internet

Web-surfers were be able to see endangered turtle hatchlings for the first time over the internet when the Cayman Islands broadcast its annual release. Over 400 green sea turtle hatchlings were released from Seven-Mile Beach on Grand Cayman under the gaze of cameras linked to a web site. The annual release attracts hundreds of spectators to the beach, and many are allowed to help carry the turtles to the water. The web site is <http://www.turtle.ky/webcam.htm>. The web cam currently shows a view of the Cayman Turtle farm's main "breeder" pool. Source: Baton Rouge Sunday Advocate, 18 October, 1998

Turtle Diet Saves Drifting Fishermen

Seven Nicaraguan fishermen survived a month lost at sea by eating turtle meat and drinking turtle blood, an odyssey that took them to Hawaii and back. Their small fishing boat Yadira 1 set sail from Nicaragua's southern Pacific coast on Dec. 5, but the ship's motor and radio broke down, leaving the men adrift until they were rescued by a Norwegian merchant ship about 575 miles (925 km) out at sea. The Norwegian ship, on its way to Japan, dropped the men off in Hawaii, and they finally returned to their fishing town of San Juan del Sur. Source: CNN, 17 January, 1999.

WTO Proposes a World Environment Organization

The Director General, of the World Trade Organization (WTO), Renato Ruggiero, called for the creation of a World Environment Organization parallel to the World Trade Organization (WTO). He made the call March 15, 1999, at the WTO High-Level Symposium on Trade and the Environment, in Geneva. This was the first WTO meeting by senior trade officials with non- governmental organizations. Delegates from the 134 nations who are members of the WTO met with representatives of 26 inter-governmental organizations, and people from 130 non-governmental organizations representing the environment, development, agriculture, trade unions, consumers, academia and business. Ruggiero said that he, "would suggest that we need a (WTO) similar multilateral rules-based system for the environment - a World Environment Organization to also be the institutional and legal counterpart to the World Trade Organization. Source: Environment News Service (ENS), 15 March, 1999.

Orissa Arribada Underway

An arribada of Olive Ridley sea turtles has started at Nasi Island in Gahirmatha coast in Orissa from the night of 24th March and continued throughout the day and night of 25th March. By the morning of 26th more than 100,000 turtles had nested. Mass nesting had not taken place at this site for two years. Source: Biswajit Mohanty,Secretary, Wildlife Society of Orissa, Link Road, Cuttack, Orissa.