Score One for Albatross, One for Salmon

Two decisions, one by the federal government and one by a U.S. District Court judge, are good for the struggling black-footed albatross and Oregon Coast coho salmon populations, according to news from Earthjustice.

The environmentally focused legal organization cheered an announcement in the Federal Register that marks the start of a formal review to determine if the albatross should be listed as an endangered species. The group also welcomed a decision by U.S. District Judge Garr King, who said the Bush administration's decision to delist the salmon species as threatened was illegal.

"This is a victory for good science and for Oregon's future," said Patti Goldman, one of two Earthjustice attorneys who argued the case for the salmon. "Restoring protections for these salmon today means a greener and economically vibrant Oregon tomorrow."

Earthjustice represented several environmental groups that challenged the federal government's decision to remove protection for the Oregon Coast coho last year. The plaintiffs included the Pacific Coast Federation of Fishermen's Associations, the Institute for Fisheries Resources, the Pacific Rivers Council, Trout Unlimited, Oregon Wild, the Native Fish Society and Umpqua Watersheds.

The coho, which once spawned in numbers exceeding two million in Oregon's coastal rivers, declined to 14,000 by 1997 -- a drop of more than 99 percent. The species received federal protection in 1998 and rebounded slightly in subsequent years, prompting the state of Oregon to announce the coho's recovery. Officials with the National Marine Fisheries Service responded to the state's announcement by removing federal protections in 2006.

Judge King's ruling said the government theory for delisting -- that coho populations will always bounce back from low numbers -- did not represent the "best available science," as required by law.

King's decision means the coho's threatened status must again be reviewed by the federal government, with a new listing decision to be finalized within 60 days.

Meanwhile, the Federal Register's announcement of a formal review of the black-footed albatross' status comes in response to a petition filed three years ago. Earthjustice made its request on behalf of the Center for Biological Diversity and the Turtle Island Restoration Network.

The albatross species, which nests in the northwest Hawaiian Islands, is threatened by the commercial practice of longline fishing, according to Earthjustice. Fishing ships send out hook-baited lines up to 60 miles long to catch swordfish and tuna. However, many seabirds -- along with turtles, sharks and other marine life -- often seek the bait then become tangled in the lines and drown. While there are ways to reduce such intended kills by making hooks sink faster or finding ways to scare birds away, most fishing vessels don't use them, Earthjustice said.

"Longline fishing has been a global catastrophe for albatross species," said Brendan Cummings, ocean program director with the Center for Biological Diversity. "Unless we rein in longline fishing we stand to lose not just the black-footed albatross but virtually every albatross species on Earth."

Both BirdLife International and the World Conservation Union say the black-footed albatross should be listed as an endangered species. Scientists estimate there are only about 60,000 nesting pairs alive today.

Every year, longline fishing is believed to be responsible for killing more than 300,000 seabirds, three million sharks and 40,000 sea turtles.

Earthjustice, "Imperiled Bird Advances Toward Endangered Species Act Protection" and "Federal Judge Restores Endangered Species Act Protections for Oregon Coast Coho Salmon." URL: (http://www.earthjustice.org/news/press/007/imperiled-bird-advances-toward-endangered-species-act-protection.html) and (http://www.earthjustice.org/news/press/007/federal-judge-restores-endangered-species-act-protections-for-oregon-coast-coho-salmon.html)