A federal district court has ruled that the National Marine Fisheries Service violated the law by allowing fishing for depleted parrotfish and other algae-eating reef fish species without properly monitoring the fishery’s impacts on rare corals that depend on healthy fish populations. The decision came in response to an Endangered Species Act suit filed in January 2012 by Earthjustice on behalf of two conservation groups (CORALations and the Center for Biological Diversity), and Mary Adele Donnelly.  Local counsel for Earthjustice on this case was Miguel Sarriera, who has represented a number of groups battling for environmental protection throughout Puerto Rico.

The court determined the Fisheries Service must do a better job monitoring the effects of commercial fishing on elkhorn and staghorn coral in the U.S. Virgin Islands and Puerto Rico. These coral species are protected by the Endangered Species Act and serve as essential habitat for fish and other marine species.  Parrotfish protect these corals by grazing on algae that otherwise would smother the reef; removing the fish allows the algae to dominate reef systems and deny corals the space needed to grow.

In his decision Senior Judge Salvador E. Casellas ruled that the Fisheries Service’s monitoring plan was invalid because, as a baseline matter, the agency didn’t even know how many parrotfish were present to begin with and in any event had not committed to monitoring the impacts of the fishery on the parrotfish themselves. Under these circumstances, the court concluded the Service had illegally failed to establish  an adequate  procedure for verifying whether its fishing plan was preventing excessive harm to  the threatened elkhorn and staghorn corals.

“In the Caribbean, we have two big industries, fishing and tourism. Healthy coral reefs support both industries, but they have been dying for decades. Local communities are working with fishermen to successfully restore their reefs; farming corals on nurseries and transplanting them to natural reef in small protected areas,” said Mary Ann Lucking, CORALations. “The ruling compels government to revisit the failures of the balanced fishery management approach in general versus an ecosystem based approach, like community designated marine protected areas.”

“We are concerned that NMFS continues to open new fisheries without safeguards for protected species,” said Mary Adele Donnelly. “The court has demanded the Fisheries Service looks before leaping into yet another ecological disaster.”

“We know that corals face increasing threats from climate change and disease. Keeping a healthy, diverse population of algae-eaters on the reef is crucial to keeping coral reefs healthy,” said Andrea Treece, of Earthjustice.

“The corals in the Caribbean are dying – anyone can see it. This decision means that there will be enough parrotfish around for a healthy coral reef that could then become home for even more precious reef wildlife,” said Miyoko Sakashita, oceans director at the Center for Biological Diversity.

Parrotfish eat algae that can otherwise smother coral habitat.  U.S. Caribbean reefs already suffer from excessive algae cover, a situation exacerbated by scooping out the grazing fish necessary to hold back algal growth.  This situation leads to what scientists call a “death spiral” in which the removal of algae-eaters like parrotfish leads to increased algae and decreased coral, which in turn results in fewer fish and other reef creatures.

Not so long ago, elkhorn and staghorn corals were the main reef-building coral species in the Caribbean.  Yet these species have declined by as much as 98-99 percent since the 1970s thanks to stressors including overfishing, disease, and climate change.  As the corals decline, so does quality habitat for fish and other creatures.

Contacts:

Mary Ann Lucking, CORALations, (787) 556-6234

Miguel Sarriera, (787) 630-8319

Marydele Donnelly, Sea Turtle Conservancy, (410) 750-1561

Andrea Treece, Earthjustice, (415) 217-2089

Miyoko Sakashita, Center for Biological Diversity, (415) 632-5308  

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CORALations is an award-winning coral reef conservation organization based on the island of Culebra, Puerto Rico.  CORALations’ conservation work includes partnering on the first successful staghorn coral farming and transplantation project in U.S. Caribbean waters.  CORALations comments on the sustainability of proposed development projects in the coastal zone, litigates coastal clean water issues, and comments on endangered species and fisheries legislation.  Visit us at www.coralations.org – or on facebook at CORALations Culebra.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 500,000 members and online activists dedicated to the protection of endangered species and wild places.  Visit us at www.biologicaldiversity.org 

Earthjustice is the largest non-profit public interest environmental law organization in the world. Since our founding in 1973, we have been dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment, through litigation and advocacy. Visit us at www.earthjustice.org