NEG - Cetacean Bycatch Protection CON

8/9/2019 NEG - Cetacean Bycatch Protection CON

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Joshua Ridenour SHINE, SC Page 1 of 13Cetacean Bycatch Reform - Neg

CETACEAN BYCATCH REFORM NEGAUTHOR'S NOTES..................................................................................................................................2DEFINITION.............................................................................................................................................3INHERENCY.............................................................................................................................................3

1. Pingers are already mandated..........................................................................................3SOLVENCY/SIGNIFICANCE..................................................................................................................4

A. Only 4 of the 15 threatened Dolphin Species could be affected by Affirmative plan.................41. Atlantic Humpback Dolphins (Outside US Waters)............................................................42. Baleen Whales (Gray Whales) (Outside US Waters)..........................................................43. Burmeister's Porpoises (Outside US Waters)......................................................................44. Commerson's Dolphins (Outside US Waters).....................................................................55. La Plata Dolphin (Outside US Waters)...............................................................................56. Hector's and Maui's Dolphins (Outside US Waters)...........................................................57. Indo-Pacific Humpback Dolphin (Outside US Waters)......................................................58. Irrawaddy Dolphin (Outside US Waters)............................................................................69. Fraser's Dolphins (Outside US Waters)...............................................................................610. Yangzte River Dolphin (Already extinct)..........................................................................611. Finless Porpoise (Outside US Waters)..............................................................................612. Vaquita...............................................................................................................................713. Spinner Dolphins (Only at Hawaii)...................................................................................714. Bottlenose Dolphin............................................................................................................715. Harbor Porpoise.................................................................................................................8

B. Post-implementation requirements..............................................................................................81. Must have collaboration, monitoring, and compliance to be successful.............................82. Constant monitoring is essential to success........................................................................9

COUNTERPLAN GILLNET REMOVAL...........................................................................................101. Workability: The California Proposition 132 Model.........................................................10

Extension........................................................................................................................................111. It's Constitutional...............................................................................................................112. We save Pacific Anglesharks, too......................................................................................113. Gillnets harvest large amounts of by-catch.......................................................................124. Banning gillnets increases recreational fishing, as well as fish health..............................125. Recreational fishing is better for the environment, and protects fish................................126. Gillnet alternatives are catching on...................................................................................137. Alternatives to harmful gillnets have been successful......................................................138. If gillnets are banned, farmers will use alternatives..........................................................13


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DEFINITIONCetacean - Any of various aquatic, chiefly marine mammals of the order Cetacea, including thewhales, dolphins, and porpoises, characterized by a nearly hairless body, anterior limbs modified into

broad flippers, vestigial posterior limbs, and a flat notched tail. (The Free Dictionary 2009http://www.thefreedictionary.com/cetacean )

INHERENCY

1. Pingers are already mandated

Dr. Tara M. Cox (Duke Center for Marine Conservation, Duke University Marine laboratory; BS, Biology, Davidson College; Masters, Environmental Management, Duke University; Assistant Scientific Program Director, US Marine Mammal Commission; Professor, Ecology, Pfeiffer University;

PhD, Ecology, Duke University), Dr. R.ebecca L. Lewison (PhD, Ecology, University of California,2002; Assistant Professer, Biology Department, San Diego State University; Ecology Joint Doctoral Program, Biology Department, San Diego State University; Ecology Masters Program, Biology Department, San Diego State University), Dr. Ramunas Zydelis (Duke Center for MarineConservation, Duke University Marine laboratory; Institute of Ecology, Akademijos; Centre for Wildlife Ecology, Department of Biological Sciences, Simon Fraser University; Post-doctoral Research

Associate, Department of Biological Sciences, Simon Fraser University; Post-doctoral Researcher, Nicholas School of the Environment and Earth Sciences Marine Laboratory, Duke University; ), Dr. Larry B. Crowder (Duke Center for Marine Conservation, Duke University Marine laboratory; Professor, Marine Biology, Duke University; Marine Biologist, Duke University Marine Lab, DukeUniversity; PhD, Zoology, Michigan State University; Former Member, Ocean Studies Board;

National Research Council, US National Scientific Committee on Oceanic Research; Committee, Alaska Groundfish Fishery and Stellar Sea Lions; Committee, Ecosystem Effects of Fishing; ), Dr. C. Safina (President, Blue Ocean Institute; Co-founder, Blue Ocean Institute; PhD, Ecology, RutgersUniversity; Honorary Doctorate, State University of New York; Honorary Doctorate, Long Island University; Elected Member, American Ornithologists Union, 1991; Elected, Resident Fellow, The

Explorer's Club, 1998; Senior Fellow Appointment, World Wildlife Fund, 2003-present; Board Member, Duke University, Center for Marine Conservation Steering Committee; Member, Harvard Medical School, Center for Health and the Global Environment Advisory Board; Member, South Fork

Natural History Society Board; Member, World Wildlife Fund, Marine Leadership Committee; Adjunct Full Professor, School of Marine and Atmospheric Sciences, Stony Brook University), and A. J. Read (Duke Center for Marine Conservation, Duke University Marine laboratory; Assistant Professor,

Marine Conservation Biology, Duke University; Rachel Carson Chair, Marine Conservation Biology, Duke University; Member, Scientific Committee, International Whaling Commission; Member,Cetacean Specialist Group, International Union for Conservation of Nature; Editorial Board, MarineMammal Science; Journal of Cetacean Research and Management) Comparing Effectiveness of

Experimental and Implemented Bycatch Reduction Measures: the Ideal and the Real May 16, 2007 CONSERVATION IN PRACTICE http://www.bio.sdsu.edu/Pub/lewison/conservation/uploads/Main/Cox2007.pdf

Based on the results of these trials, pingers have been recommended by the International Whaling
http://www.thefreedictionary.com/cetaceanhttp://www.bio.sdsu.edu/Pub/lewison/conservation/uploads/Main/Cox2007.pdfhttp://www.bio.sdsu.edu/Pub/lewison/conservation/uploads/Main/Cox2007.pdfhttp://www.thefreedictionary.com/cetacean


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Commission (IWC) as a means to reduce bycatch of harbor porpoises and other species (IWC 2001).Acoustic alarms were included as an integral component of the U.S. National Marine Fisheries Service(NMFS) Take Reduction plans both in the Gulf of Maine and the CaliforniaOregon drift-net fishery

(U.S. Department of Commerce 1997 a , 1998). Acoustic alarms are now required in several fisheries:the U.S. Gulf of Maine bottom-set gill-net fishery for groundfish, the CaliforniaOregon drift-netfishery for thresher sharks ( Alopias vulpinus ) and swordfish ( Xiphias gladius ), and the Danish bottom-set gill-net fishery for cod ( Gadus ). In addition, the European Union is in the process of phasing inrequirement of acoustic alarms in many gill-net fisheries (European Union 2004). There is sufficientinformation to evaluate the efficacy of acoustic alarms in reducing bycatch in only two operationalfisheries: the Gulf of Maine sink gill-net fishery and the CaliforniaOregon drift-net fishery.

SOLVENCY/SIGNIFICANCE

A. Only 4 of the 15 threatened Dolphin Species could be affected by Affirmative plan

[Note: This is long, but it is the list of cetaceans that get caught in gillnets, and their geographical locations. Only the Vaquita, the Bottlenose Dolphin, the Harbor Porpoise, and the Spinner Dolphin species are near US waters]

1. Atlantic Humpback Dolphins (Outside US Waters)

Michael Waters( Author) and Phil Myers(Director and founder of the Animal Diversity Web. AssociateCurator of Mammals in the Museum of Zoology , and Associate Professor of Ecology and

Evolutionary Biology ) Atlantic Humpbacked Dolphin 2000 ANIMAL DIVERSITY WEBhttp://animaldiversity.ummz.umich.edu/site/about/personnel.html

Sousa teuszii resides in Atlantic waters off the coast of Western Africa. The Atlantic humpback dolphin's range extends from Mauritania south to Angola. This range is the primary distinction betweenSousa teuszii and its sister species Sousa chinensis , which is found in the Indian and Pacific oceans. (Evans 1987, Herman 1980, Nowak 1997)

2. Baleen Whales (Gray Whales) (Outside US Waters)

National Marine Mammal Laboratory, National Marine Fisheries Service, National Oceanic and Atmospheric Administration What Are Gray Whales Like? NATIONAL OCEAN AND ATMOSPHERIC ADMINISTRATION http://www.afsc.noaa.gov/nmml/education/cetaceans/baleen1.php

Gray whales have their own taxonomic family, genus, and species. They are the most coastal of the baleen whales and are often found within a few miles of shore. Each year gray whales migrate betweentheir summer feeding grounds in the Bering, Chukchi, and Beaufort Seas to their winter breedinggrounds off Baja California, Mexico. This is one of the longest migrations by a mammal species.

3. Burmeister's Porpoises (Outside US Waters)

Ocean Biogeographical Information System, Duke University 2002-2010 Burmeister's Porpoiseshttp://green.env.duke.edu/species/tsn/180476
http://www.ummz.lsa.umich.edu/http://www.eeb.lsa.umich.edu/eeb/index.htmlhttp://www.eeb.lsa.umich.edu/eeb/index.htmlhttp://www.afsc.noaa.gov/nmml/education/cetaceans/baleen1.phphttp://www.afsc.noaa.gov/nmml/education/cetaceans/gray.phphttp://www.afsc.noaa.gov/nmml/education/taxonomy.phphttp://green.env.duke.edu/species/tsn/180476http://green.env.duke.edu/species/tsn/180476http://www.ummz.lsa.umich.edu/http://www.eeb.lsa.umich.edu/eeb/index.htmlhttp://www.eeb.lsa.umich.edu/eeb/index.htmlhttp://www.afsc.noaa.gov/nmml/education/cetaceans/baleen1.phphttp://www.afsc.noaa.gov/nmml/education/cetaceans/gray.phphttp://www.afsc.noaa.gov/nmml/education/taxonomy.phphttp://green.env.duke.edu/species/tsn/180476


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Burmeister's porpoises are distributed in coastal waters of South America, from southern Brazil, southto Cape Horn in Tierra del Fuego, and north to northern Peru.

4. Commerson's Dolphins (Outside US Waters)

Eileen Mary Dee(Contributing Author, Encyclopedia of Earth) and Mark McGinley(Contributing Author, Encyclopedia of Earth) Commerson's Dolphin November 16, 2009 ENCYCLOPEDIA OF EARTH http://www.eoearth.org/article/Commerson%27s_dolphin

The Commerson's dolphin (scientific name: Cephalorhynchus commersonii ) is one of 36 members of the porpoise family. There are two main subpopulations of the playful Commerson's dolphin. Oneresides off the coast of South America, and the second resides off the coast of the Kreguelen Islands.

5. La Plata Dolphin (Outside US Waters)

National Marine Mammal Laboratory, National Marine Fisheries Service, National Oceanic and Atmospheric Administration NATIONAL OCEAN AND ATMOSPHERIC ADMINISTRATION http://www.afsc.noaa.gov/nmml/education/cetaceans/laplata.php#live

La Plata dolphins are exclusively marine however they "earned" the title of river-dolphin because theyinhabit the salt-water estuary of the La Plata River. They inhabit shallow waters in South Americafrom the coast of the Atlantic Ocean to the Valdes Peninsula and from the La Plata River delta of Argentina to the Tropic of Capricorn near Rio de Janeiro of Brazil. A sighting of a La Plata is veryspecial because these dolphins reside in isolated areas and are rarely seen by humans.

6. Hector's and Maui's Dolphins (Outside US Waters)

Department of Conservation, Government of New Zealand http://www.doc.govt.nz/features-archive/hectors-and-mauis-dolphins/

Hectors dolphins are endemic to New Zealand as they are only found in New Zealands waters. Thespecies is divided into two subspecies; one occurs principally in South Island waters (Hectorsdolphin), and the other in the waters of the north-west coast of the North Island (Mauis dolphin).

7. Indo-Pacific Humpback Dolphin (Outside US Waters)

Department of the Environment, Water, Heritage, and the Arts, Government of Australia Sousa-chinensis Indo-Pacific Humpback Dolphin February 2010 http://www.environment.gov.au/cgi-

bin/sprat/public/publicspecies.pl?taxon_id=50#global_distribution Based on the premise of a single Indo-Pacific species in the genus, Indo-Pacific Humpback Dolphinsare distributed continuously as local residents in shallow coastal waters from False Bay, South Africa tothe South China Sea, including the Red Sea, Arabian Gulf, the Indian subcontinent, Gulf of Thailand,Malacca Straits and northern Borneo, and up the coast of China to the Changjiang River (31 50' N). Atleast one animal reached the Mediterranean via the Suez Canal, the first known case of anthropogenicrange extension for a marine mammal through habitat modification (Kerem et al. 2001). There isevidence of seasonal changes in abundance, as indicated by sighting rates in some populations, for
http://www.eoearth.org/article/Commerson's_dolphinhttp://www.afsc.noaa.gov/nmml/education/cetaceans/laplata.php#livehttp://www.doc.govt.nz/features-archive/hectors-and-mauis-dolphins/http://www.doc.govt.nz/features-archive/hectors-and-mauis-dolphins/http://www.doc.govt.nz/features-archive/hectors-and-mauis-dolphins/http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=50#global_distributionhttp://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=50#global_distributionhttp://www.eoearth.org/article/Commerson's_dolphinhttp://www.afsc.noaa.gov/nmml/education/cetaceans/laplata.php#livehttp://www.doc.govt.nz/features-archive/hectors-and-mauis-dolphins/http://www.doc.govt.nz/features-archive/hectors-and-mauis-dolphins/http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=50#global_distributionhttp://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=50#global_distribution


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example, in southern Africa, India and China (Parsons 2002).

8. Irrawaddy Dolphin (Outside US Waters)

Wildlife Conservation Society Irrawaddy Dolphin 2010 WILDLIFE CONSERVATION SOCIETY http://www.wcs.org/saving-wildlife/ocean-giants/irrawaddy-dolphin.aspx

The small, beakless Irrawaddy dolphin frequents large rivers, estuaries, and freshwater lagoons inSouth and Southeast Asia. The Irrawaddy range extends from the Bay of Bengal to the Philippines andPapua New Guinea . Gray to dark slate blue in color, the dolphin has a rounded head and measures up toeight feet in length. Irrawaddy dolphins live in small groups of generally six or fewer, but sometimes asmany as 15 individuals. They subsist on a diet of fish, and communicate with clicks, creaks, and

buzzes. In a section of Myanmars Irrawaddy River , the dolphins are known to fish cooperatively withhumans, herding fish schools toward the fishermen where they are easily caught in cast nets. The

practice benefits the fishermenincreasing the size of their catches up to threefoldas well as the

dolphins, which fill their own stomachs on the cornered fish and those that fall out of the fishing nets.

9. Fraser's Dolphins (Outside US Waters)

Office of Protected Resources, National Oceanic and Atmospheric Administration Fisheries Fraser's Dolphin 2008 NATIONAL OCEAN AND ATMOSPHERIC ADMINISTRATION http://www.nmfs.noaa.gov/pr/species/mammals/cetaceans/frasersdolphin.htm

Fraser's dolphins have a cosmopolitan distribution from 30 South to 30 North, and live in deep,tropical waters. They can occur in areas near coastlines where the continental shelf is narrow. StrandedFraser's dolphins have been reported outside their typical range in southern Australia, France, westernScotland, and Uruguay (Shirihai and Jarrett 2006).

10. Yangzte River Dolphin (Already extinct)

Sylvia Clare(Journalist) The Tragedy of the Yangtze River Dolphin August 20, 2009 SCIENCERAY http://scienceray.com/biology/marine-biology/the-tragedy-of-the-yangtze-river-dolphin/

Chinese legend tells of a beautiful princess whose family drowned her in the Yangtze when she refusedto marry a man she didnt love. The princess was reincarnated as a baiji. The Yangtze River dolphin

became a symbol of peace, love and prosperity. People called the dolphin the Goddess of theYangtze.

Later on in the article...

In 2006, an expedition to the Yangtze searched 2,200 miles (3,500 km) of the Yangtze, and found notrace of the baiji. Scientists declared the Yangtze River dolphin functionally extinct. It was the firsthuman-caused extinction of a dolphin species. August Pfluger, co-organizer of the expedition, said atthe time, It is a tragedy a loss not only for China, but for the entire world.

11. Finless Porpoise (Outside US Waters)

Boris Culik(Associate Professor, Marine Zoology, Leibnitz Institute of Marince Sciences, Kiel University) Neophocaena phocaenoides 2010 CONVENTION ON MIGRATORY SPECIES,
http://www.wcs.org/saving-wildlife/ocean-giants/irrawaddy-dolphin.aspxhttp://www.wcs.org/saving-wildlife/ocean-giants/irrawaddy-dolphin.aspxhttp://www.wcs.org/where-we-work/oceans/bay-of-bengal.aspxhttp://www.wcs.org/where-we-work/oceans/coral-triangle/papua-new-guinea.aspxhttp://www.wcs.org/where-we-work/asia/myanmar.aspxhttp://www.nmfs.noaa.gov/pr/species/mammals/cetaceans/frasersdolphin.htmhttp://scienceray.com/biology/marine-biology/the-tragedy-of-the-yangtze-river-dolphin/http://www.wcs.org/saving-wildlife/ocean-giants/irrawaddy-dolphin.aspxhttp://www.wcs.org/where-we-work/oceans/bay-of-bengal.aspxhttp://www.wcs.org/where-we-work/oceans/coral-triangle/papua-new-guinea.aspxhttp://www.wcs.org/where-we-work/asia/myanmar.aspxhttp://www.nmfs.noaa.gov/pr/species/mammals/cetaceans/frasersdolphin.htmhttp://scienceray.com/biology/marine-biology/the-tragedy-of-the-yangtze-river-dolphin/


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UNITED NATIONS ENVIRONMENT PROGRAMME http://www.cms.int/reports/small_cetaceans/data/N_phocaenoides/n_phocaenoides.htm

The warm, coastal lndo-Pacific waters, both fresh and marine, are home to the finless porpoise(Jefferson et al.1993). There are three well-marked regional populations which warrant subspecificrank. Even within these, significant differences in skull morphology have been found among local

populations (Rice, 1998 and refs. therein, Amano, 2009):

12. Vaquita

Office of Proteced Resources, National Oceanic and Atmospheric Administration Fisheries, Gulf of California Harbor Porpoise/Vaquita/Cochito (Phocoena Sinus) 2008 NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION http://www.nmfs.noaa.gov/pr/species/mammals/cetaceans/vaquita.htm

The vaquita's distribution is restricted to the upper portion of the northern Gulf of California, mostlywithin the Colorado River delta. They are commonly seen between San Felipe Bay and Rocas Consagin the western upper portion of their range (Jefferson et al . 2008). The historical distribution of thisspecies may have been much larger, at one time extending south along the Mexican mainland to theTres Marias Islands and Banderas Bay (Leatherwood et al . 1988).

13. Spinner Dolphins (Only at Hawaii)

American Cetacean Society Spinner Dolphin 2006 AMERICAN CETACEAN SOCIETY http://www.acsonline.org/factpack/SpinnerDolphin.htm

The Costa Rican spinner is found in large, close-knit groups of 1,000 or more animals in coastal watersless than 90 miles (150 km) off the western coast of Central America; the eastern spinner is a moreoceanic species found in deep water off the coast of Mexico and the west coast of Central America,often travelling in large herds of thousands or more, sometimes in the company of spotted dolphins; thewhitebelly spinner is distributed even further offshore from Mexico, Central America, and the Pacificregion of northern South America, travelling in herds of 1,000 or more; the Hawai'ian spinner iscommon throughout the Hawai'ian Islands and congregates in herds of 200 or more.

14. Bottlenose Dolphin

American Cetacean Society Bottlenose Dolphin 2006 AMERICAN CETACEAN SOCIETY http://www.acsonline.org/factpack/btlnose.htm

Bottlenose dolphins are found worldwide in temperate and tropical waters, absent only from 45 degrees poleward in either hemisphere. They are frequently seen in harbors, bays, lagoons, estuaries, and river mouths. There appear to be two ecotypes: a coastal form and an offshore form. Population densityappears to be higher nearshore. Biochemical studies now are providing more information about therelationship within and between the ecotypes. In some areas, dolphins have limited home ranges; inothers, they are migratory. A second species Tursiops aduncus , inhabits the Indian Ocean.
http://www.cms.int/reports/small_cetaceans/data/N_phocaenoides/n_phocaenoides.htmhttp://www.nmfs.noaa.gov/pr/species/mammals/cetaceans/vaquita.htmhttp://www.acsonline.org/factpack/SpinnerDolphin.htmhttp://www.acsonline.org/factpack/SpinnerDolphin.htmhttp://www.acsonline.org/factpack/btlnose.htmhttp://www.acsonline.org/factpack/btlnose.htmhttp://www.cms.int/reports/small_cetaceans/data/N_phocaenoides/n_phocaenoides.htmhttp://www.nmfs.noaa.gov/pr/species/mammals/cetaceans/vaquita.htmhttp://www.acsonline.org/factpack/SpinnerDolphin.htmhttp://www.acsonline.org/factpack/btlnose.htm


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15. Harbor Porpoise

American Cetacean Society Harbor Porpoise 2006 AMERICAN CETACEAN SOCIETY http://www.acsonline.org/factpack/HarborPorpoise.htm [Brackets Added]

This [The Harbor Porpoise] is an inshore species inhabiting shallow, coastal waters. Harbor porpoisesare normally found in the North Atlantic, North Pacific, and Black Sea in temperate and subarcticwaters of less than 60 degrees F (15 degrees C). This little porpoise may often be found in bays andsometimes moves into large rivers.

B. Post-implementation requirements

1. Must have collaboration, monitoring, and compliance to be successful

Dr. Tara M. Cox (Duke Center for Marine Conservation, Duke University Marine laboratory; BS,

Biology, Davidson College; Masters, Environmental Management, Duke University; Assistant Scientific Program Director, US Marine Mammal Commission; Professor, Ecology, Pfeiffer University; PhD, Ecology, Duke University), Dr. R.ebecca L. Lewison (PhD, Ecology, University of California,2002; Assistant Professer, Biology Department, San Diego State University; Ecology Joint Doctoral

Program, Biology Department, San Diego State University; Ecology Masters Program, Biology Department, San Diego State University), Dr. Ramunas Zydelis (Duke Center for MarineConservation, Duke University Marine laboratory; Institute of Ecology, Akademijos; Centre for Wildlife Ecology, Department of Biological Sciences, Simon Fraser University; Post-doctoral Research

Associate, Department of Biological Sciences, Simon Fraser University; Post-doctoral Researcher, Nicholas School of the Environment and Earth Sciences Marine Laboratory, Duke University; ), Dr. Larry B. Crowder (Duke Center for Marine Conservation, Duke University Marine laboratory; Professor, Marine Biology, Duke University; Marine Biologist, Duke University Marine Lab, DukeUniversity; PhD, Zoology, Michigan State University; Former Member, Ocean Studies Board;

National Research Council, US National Scientific Committee on Oceanic Research; Committee, Alaska Groundfish Fishery and Stellar Sea Lions; Committee, Ecosystem Effects of Fishing; ), Dr. C. Safina (President, Blue Ocean Institute; Co-founder, Blue Ocean Institute; PhD, Ecology, RutgersUniversity; Honorary Doctorate, State University of New York; Honorary Doctorate, Long Island University; Elected Member, American Ornithologists Union, 1991; Elected, Resident Fellow, The


Natural History Society Board; Member, World Wildlife Fund, Marine Leadership Committee; Adjunct Full Professor, School of Marine and Atmospheric Sciences, Stony Brook University), and A. J. Read (Duke Center for Marine Conservation, Duke University Marine laboratory; Assistant Professor,Marine Conservation Biology, Duke University; Rachel Carson Chair, Marine Conservation Biology,

Duke University; Member, Scientific Committee, International Whaling Commission; Member,Cetacean Specialist Group, International Union for Conservation of Nature; Editorial Board, MarineMammal Science; Journal of Cetacean Research and Management) Comparing Effectiveness of

http://www.acsonline.org/factpack/HarborPorpoise.htmhttp://www.bio.sdsu.edu/Pub/lewison/conservation/uploads/Main/Cox2007.pdfhttp://www.acsonline.org/factpack/HarborPorpoise.htmhttp://www.bio.sdsu.edu/Pub/lewison/conservation/uploads/Main/Cox2007.pdf


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In each of the three case studies, three themes emerge: collaboration, monitoring, and compliance (viaenforcement and incentives). Fishers, resource managers, and scientists worked together to developgear technology or fishing practices that effectively reduced bycatch. Successful implementation

depended on continued communication, education, and outreach through the implementation stages. Inthe example of the California pinger, an initial lack of compliance led to workshops and revisedregulations that increased effectiveness dramatically. Similarly, in the Queensland prawn fishery,continued collaboration between researchers and industry and the flexibility in the regulations hassteadily increased the use of TEDs and thus decreased bycatch of sea turtles. Finally, in the Alaskademersal longline fishery, fishers involvement throughout every stage of mitigation development,testing, and implementation aided in successful bycatch reduction.

2. Constant monitoring is essential to success

Dr. Tara M. Cox (Duke Center for Marine Conservation, Duke University Marine laboratory; BS, Biology, Davidson College; Masters, Environmental Management, Duke University; Assistant

Scientific Program Director, US Marine Mammal Commission; Professor, Ecology, Pfeiffer University; PhD, Ecology, Duke University), Dr. R.ebecca L. Lewison (PhD, Ecology, University of California,2002; Assistant Professer, Biology Department, San Diego State University; Ecology Joint Doctoral

Program, Biology Department, San Diego State University; Ecology Masters Program, Biology Department, San Diego State University), Dr. Ramunas Zydelis (Duke Center for MarineConservation, Duke University Marine laboratory; Institute of Ecology, Akademijos; Centre for Wildlife Ecology, Department of Biological Sciences, Simon Fraser University; Post-doctoral Research

Associate, Department of Biological Sciences, Simon Fraser University; Post-doctoral Researcher, Nicholas School of the Environment and Earth Sciences Marine Laboratory, Duke University; ), Dr. Larry B. Crowder (Duke Center for Marine Conservation, Duke University Marine laboratory; Professor, Marine Biology, Duke University; Marine Biologist, Duke University Marine Lab, Duke

University; PhD, Zoology, Michigan State University; Former Member, Ocean Studies Board; National Research Council, US National Scientific Committee on Oceanic Research; Committee, Alaska Groundfish Fishery and Stellar Sea Lions; Committee, Ecosystem Effects of Fishing; ), Dr. C. Safina (President, Blue Ocean Institute; Co-founder, Blue Ocean Institute; PhD, Ecology, RutgersUniversity; Honorary Doctorate, State University of New York; Honorary Doctorate, Long Island University; Elected Member, American Ornithologists Union, 1991; Elected, Resident Fellow, The


Natural History Society Board; Member, World Wildlife Fund, Marine Leadership Committee; Adjunct Full Professor, School of Marine and Atmospheric Sciences, Stony Brook University), and A. J.

Read (Duke Center for Marine Conservation, Duke University Marine laboratory; Assistant Professor,Marine Conservation Biology, Duke University; Rachel Carson Chair, Marine Conservation Biology, Duke University; Member, Scientific Committee, International Whaling Commission; Member,Cetacean Specialist Group, International Union for Conservation of Nature; Editorial Board, MarineMammal Science; Journal of Cetacean Research and Management) Comparing Effectiveness of

http://www.bio.sdsu.edu/Pub/lewison/conservation/uploads/Main/Cox2007.pdfhttp://www.bio.sdsu.edu/Pub/lewison/conservation/uploads/Main/Cox2007.pdf


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Postimplementation monitoring is critical for understanding why mitigation measures may loseeffectiveness in operational fisheries. For pingers in the Gulf of Maine gear malfunction may accountfor some of the efficacy loss. In contrast, the increased pinger efficacy in the California gill-net fishery

coincided with increased efforts by observers to monitor pinger functionality. In the U.S. TED examplethe lack of direct documentation of the number and sizes of turtles caught in nets with TEDs hashampered identification of problems with the devices. For example, in the United States, 17 yearselapsed from when TEDs were first required to when they were designed to fully protect adultloggerheads due in part to a lack of observer data. Changes to the opening size of TEDs were made

based mostly on data from stranded turtles (Epperly & Teas 2002).

COUNTERPLAN GILLNET REMOVAL

Agency Congress, NOAA, and any other necessary federal agencies

Mandates:1)The use of gillnets in marine fishing will be phased out over a four period for all US fisheries.2)A compensation program for displaced fisherman will be instituted, to model the CaliforniaProposition 132, The Marine Resources Protection Act

Funding: will come from a $3.00 increase in the cost of a sport fishing license. Any other incidentalcosts will come from General Federal Revenues.

Enforcement: will be through punishments similar to other like crimes.

Timeline: This Counterplan will go into effect after a Negative ballot.

The Negative team reserves legislative intent to clarify the counterplan in later speeches.

1. Workability: The California Proposition 132 Model

Tom Lewis(Curatorial Assistant, Marine Mammal Laboratory of the Natural History Museum, Los Angeles County, California; Vice-president, American Cetacean Society, 1994) Getting Rid of Gillnets: the California Approach Published in WhaleWatcher, the Journal of the

American Cetacean Society, 1994, vol. 28 no. 1

The proposition called for a gradual elimination of the use of gill nets over a four-year period. The banwould apply to the area within three nautical miles of the California coastline, between Point Arguelloin central California south to the Mexican border, and in waters less than 70 fathoms (420 feet) or within one mile, whichever is less, around the Channel Islands. In addition, the bill [Proposition]

provided monetary compensation for displaced fishermen. Funding for this compensation was provided by a $3.00 increase in the cost of a sportfishing license. Therefore, the measure was funded by thesportfishing community and not the taxpayers. This unique approach had never been tried in the UnitedStates.

The compensation system gave greater benefits to those fishermen who gave up their permits earlier in


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the plan. Those who surrendered their fishing permits in the first year of the elimination period wouldreceive the maximum amount of compensation. If the permit was surrendered in the second year of the

period, they would receive a smaller amount of compensation, and so on. Although ACS supported a

higher level of compensation, the amount of compensation was set at one year's income, as calculated by an average of the last five years of the fishermens' income. The bill also called for the establishmentof four new ecological reserves along the coast. There is no fishing allowed in these reserves; they arerestricted to scientific research only.

Extension

1. It's Constitutional

Tom Lewis(Curatorial Assistant, Marine Mammal Laboratory of the Natural History Museum, Los

Angeles County, California; Vice-president, American Cetacean Society, 1994) Getting Rid of Gillnets: the California Approach Published in WhaleWatcher, the Journal of the American CetaceanSociety, 1994, vol. 28 no . http://www.acsonline.org/publications/whalewatcher/excerpts/ww-v28n1-

gillnets.html#pageauthor

In late 1993, fishing interests filed a lawsuit to overturn Proposition 132 based on constitutionalgrounds, and filed for an injunction to allow fishermen to continue fishing until the lawsuit could beheard in court in late March or early April 1994. A few days after January 1, 1994, when Proposition132 was to be fully implemented, a judge in the superior court in San Diego denied the injunction. OnMarch 11, the same judge declined to hear the lawsuit on the grounds that it had no merit. During thisexpensive legal process, the legal fees on behalf of Proposition 132 have been absorbed by TheDolphin Connection, headed by Ani and Jerry Moss. The marine ecosystem owes them a tremendousthank you.

2. We save Pacific Anglesharks, too

International Union for Conservation of Nature and Natural Resources Squatina Californica 2009 INTERNATIONAL UNION FOR CONSERVATION OF NATURE AND NATURAL RESOURCES,SPECIES SURVIVAL COMMISSION

The growth and demography parameters from the tag-recapture study indicated that PacificAngelsharks grew slowly enough and had relatively few offspring relatively late in life to indicate thatthey could not handle strong exploitation (see Richards 1987). There was a rapid increase in angel

shark landings between 19831986 (Richards 1987), leading to concern that stocks could be over-exploited. Even though a minimum size was proposed for the gillnet fishery targeting both CaliforniaHalibut ( Paralichthys californicus ) and Pacific Angelsharks, this measure proved not to be effective atreversing the declining population levels along the Santa Barbara/ Ventura coast and Channel Islandsareas, California (Richards 1987, Cailliet et al. 1993). Because of the gillnet fishery ban (Proposition132) voted into law by Californians in 1990, there is now a reduced threat to the California populationof Pacific Angelsharks. However, little is known about the effect of fisheries on the overall stock of this

population, which is being heavily fished along both the Pacific and Gulf coasts of Baja California (C.Villavicencio pers. comm.).
http://www.acsonline.org/publications/whalewatcher/excerpts/ww-v28n1-gillnets.html#pageauthorhttp://www.acsonline.org/publications/whalewatcher/excerpts/ww-v28n1-gillnets.html#pageauthorhttp://www.acsonline.org/publications/whalewatcher/excerpts/ww-v28n1-gillnets.html#pageauthorhttp://www.acsonline.org/publications/whalewatcher/excerpts/ww-v28n1-gillnets.html#pageauthorhttp://www.acsonline.org/publications/whalewatcher/excerpts/ww-v28n1-gillnets.html#pageauthorhttp://www.acsonline.org/publications/whalewatcher/excerpts/ww-v28n1-gillnets.html#pageauthor


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3. Gillnets harvest large amounts of by-catch

Ted Reckas(Journalist) Scientists, Anglers' Views Cloud The Route Towards a Marine Reserve December 25, 2009 THE LAGUNA BEACH INDEPENDENT

http://www.lagunabeachindependent.com/news/2009-12-25/Front_Page/Scientists_Anglers_Views_Cloud_The_Route_Towards_a.html

Hook and line has low rates of bycatch, referring to catch besides the target fish. For every 1,000 pounds of California halibut caught by bottom trawl, 700 pounds of other fish are caughtunintentionally, most of which are thrown back often injured or dead, according to Seafood Watch. The70 percent bycatch is considered moderate, and only gets a critical rating if it is over 100 percent andregularly includes species of special concern like dolphins, seals, other marine mammals or sea birds,according to Seafood Watch criteria. This is the case with set gillnets, which gives that fishery thecritical rating.

4. Banning gillnets increases recreational fishing, as well as fish health

Ted Reckas(Journalist) Scientists, Anglers' Views Cloud The Route Towards a Marine Reserve December 25, 2009 THE LAGUNA BEACH INDEPENDENT http://www.lagunabeachindependent.com/news/2009-12-25/Front_Page/Scientists_Anglers_Views_Cloud_The_Route_Towards_a.html

While commercial gill netters harvested at will, recreational catch of white seabass flat lined to around1,000 pounds per year for 30 years, until the nets were outlawed in California by Proposition 132 in1994. Subsequently, recreational landings jumped to well over 10,000 fish per year in the late 1990s,according to one DFG database, based on catch logs from commercial passenger fishing vessels.

The average weight of white seabass caught is up as well, from 8.4 pounds in 1990 to 18.5 pounds in1999, according to the most recent Seafood Watch report.

5. Recreational fishing is better for the environment, and protects fish

Ted Reckas(Journalist) Scientists, Anglers' Views Cloud The Route Towards a Marine Reserve December 25, 2009 THE LAGUNA BEACH INDEPENDENT http://www.lagunabeachindependent.com/news/2009-12-25/Front_Page/Scientists_Anglers_Views_Cloud_The_Route_Towards_a.html

By comparison, recreational spear fishing done responsibly has a vastly lower impact: there is noexhaust or oil leaks from an engine, there is no habitat damage from dragging a trawl across the seafloor, and there is little or no bycatch, as the speafisherman swims through the water and literally hand

picks the animal he wants to consume.Shedd, president of Irvine-based fishing gear maker AFTCO and chairman of the Hubbs SeaWorldResearch Institute, says that sport fishermen are not at fault for the decline in white seabass landings,insisting that landings are lower because there are more regulations now than in the past.

White seabass researcher Larry Allen, of Cal State Northridge, and a member of the Science AdvisoryTeam guiding the Department of Fish and Games Marine Life Protection Act proposals, said sea basscatch hit a peak in 1959 when there were fewer restrictions and fishermen were having a free for all,gill netting in the spawning grounds.
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6. Gillnet alternatives are catching on

Tom Paulu(Contributor, The Daily News) Fishing for an Alternative: Lower Columbia Study Seeks Replacements for Gillnets September 17, 2009 THE DAILY NEWS ONLINE

http://www.tdn.com/news/article_f6e0ac19-575d-5a9d-8c39-b203e6c92139.html Alternatives to gillnets are getting more attention as fishery managers try to increase the catch of hatchery salmon so they dont compete with wild salmon listed under the Endangered Species Act. Atthe same time, biologists want to minimizing mortality of wild fish that are caught and released.

7. Alternatives to harmful gillnets have been successful

Tom Paulu(Contributor, The Daily News) Fishing for an Alternative: Lower Columbia Study Seeks Replacements for Gillnets September 17, 2009 THE DAILY NEWS ONLINE http://www.tdn.com/news/article_f6e0ac19-575d-5a9d-8c39-b203e6c92139.html

Gillnets are just a hugely more flexible tool, he said. Because of that, the gillnet is the dominantharvest mechanism on the Pacific Rim.However, many sport anglers object that gillnets catch too many non-targeted Columbia River fish suchas steelhead and endangered salmon.

We are gravely concerned with gillnets and their impacts, said Ed Wickersham, state governmentrelations chairman for the Coastal Conservation Association.

Wickersham, a retired fisheries agent, said purse seines have been used successfully up and down thePacific Coast. And the CCA cites the Colville Tribes report on its use of beach and purse seines lastyear in the upper Columbia. The tribe reported that 99 percent of wild fish released survived.

8. If gillnets are banned, farmers will use alternativesTom Paulu(Contributor, The Daily News) Fishing for an Alternative: Lower Columbia Study Seeks

Replacements for Gillnets September 17, 2009 THE DAILY NEWS ONLINE http://www.tdn.com/news/article_f6e0ac19-575d-5a9d-8c39-b203e6c92139.html

Taking a break from hauling in the beach seine, [Brad Hilferty, a commercial fisherman fromAstoria] Hilferty said gillnetters will switch to alternative gear if they have to.

Im sure if it comes down to it, they will convert over, Hilferty said. Theyre just used to gillnetting.Its how theyve always been doing it, I guess.
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Documents

NEG - Cetacean Bycatch Protection CON