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For Immediate Release, January 19, 2010

Contact:  David Henkin, Earthjustice, (808) 599-2436
Brendan Cummings, Center for Biological Diversity, (760) 366-2232

Feds Move to Protect False Killer Whales:
Team Established to Reduce Fishing-related Whale Deaths

HONOLULU— Prodded by seven years of litigation by conservation groups, the National Marine Fisheries Services announced today a new measure aimed at protecting Hawaii’s false killer whales from the lethal impacts of the longline fishery.

The agency published a notice in the Federal Register on January 19, 2010 that formally establishes a “take reduction team” for false killer whales. The team will consider ways to reduce harm to false killer whales caused by commercial tuna and swordfish longline operations. Longline vessels trail up to 60 miles of fishing line suspended in the water with floats and as many as 1,000 baited hooks.

Creation of the team was the goal of the most recent litigation filed by Earthjustice on behalf of Hui Mälama i Koholä, the Center for Biological Diversity, and Turtle Island Restoration Network.

William Ailä of Hui Mälama i Koholä and Brendan Cummings of the Center for Biological Diversity have been invited to serve as members of the take reduction team, which is scheduled to hold its first meeting February 17 to 19 in Honolulu. Other team members include representatives from the fishing industry, academic and scientific organizations, environmental organizations, the Marine Mammal Commission, and the Fisheries Service.

Recent data shows the false killer whales living in waters surrounding the main Hawaiian Islands represent a very rare subspecies that numbers fewer than 120 individuals. The Fisheries Service is currently conducting a 12-month study to determine if these “insular” false killer whales warrant protection under the federal Endangered Species Act, due to threats from, among other things, longline fishing.

The total number of false killer whales in Hawaiian waters, including both the insular population and a “pelagic” population that also interacts with longlines, is estimated at only about 600.

Based on observer data, the Fisheries Service estimates that, each year, the Hawaii-based longline fishery kills or seriously injures at least seven false killer whales.

“The Fisheries Service’s own data show that Hawaii’s false killer whales are getting hooked and entangled in longlines at rates nearly three times what the agency has determined the population can sustain,” Cummings said. “By participating in this take reduction team, I’m hopeful we can put an end to this needless slaughter and help the whales recover.”

“As a commercial fisherman myself, I’m confident we can find ways to fish sustainably and responsibly,” Ailä said. “As a Hawaiian cultural practitioner, serving on the TRT helps fulfill my kuleana (responsibility) to mälama (to care for) Hawaii’s false killer whales.”

Earthjustice staff attorney David Henkin applauded the creation of the team.

“Under the Marine Mammal Protection Act, NMFS is charged with protecting Hawaii’s false killer whales,” Henkin said. “It took a lawsuit to prod them to act, but I’m glad they’re now taking their responsibility seriously.”

The action culminates seven years of efforts by Hui Mälama i Koholä, the Center for Biological Diversity, Turtle Island Restoration Network, and Earthjustice to compel the Fisheries Service to comply with its legal duties.

Earthjustice first filed suit in 2003 to force the Service to classify the Hawaii longline fishery as a “Category I” fishery due to its unsustainable “take” of false killer whales. The Fisheries Service made the classification in 2004, but failed to follow up on the listing with a take reduction team. That failure prompted the conservation groups to file suit again in 2009.

“In response to our latest lawsuit, the Fisheries Service finally asked Congress for the money it needed to form the TRT,” said Turtle Island Restoration Network executive director Todd Steiner. “We’re gratified that serious discussions aimed at protecting the whales from unsustainable drowning and hooking will finally begin.”

False killer whales are large-toothed whales that resemble killer whales (orcas). According to a December 2008 study by the federal Government Accountability Office, they are “the only marine mammal for which incidental take by commercial fisheries is known to be above its maximum removal level that is not covered by a take-reduction team.”


Photos of Hawai'i's false killer whales in the water are available at:

Photos of false killer whales being harmed by Hawaii’s longline fleet are available at:

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Earthjustice is a nonprofit, public-interest, environmental law firm. The Mid-Pacific office opened in Honolulu in 1988 as the Sierra Club Legal Defense Fund, and has represented dozens of environmental, native Hawaiian, and community organizations. Earthjustice is the only nonprofit environmental law firm in Hawai‘i and the Mid-Pacific, and does not charge clients for its services. For more information, visit

Hui Mälama i Koholä is a Hawai‘i unincorporated association whose members consist of fishermen, Hawaiian cultural practitioners, and others from across the state of Hawai‘i who share a common goal:  the protection of koholä (whales) and other marine life. The organization seeks to promote sound management of ocean resources, with an emphasis on utilizing the precautionary approach to ensure that, seven generations from now, there will be healthy populations of koholä and other marine species for our keiki (children) to observe and to mälama (care for).

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 255,000 members and online activists dedicated to the protection of endangered species and wild places. For more information, visit

Turtle Island Restoration Network is a nonprofit environmental organization committed to the study, protection, enhancement, conservation, and preservation of the marine environment and the wildlife that lives within it. TIRN has approximately 10,000 members, many of whom reside in the state of Hawai‘i, and has offices in the United States, Costa Rica, and Papua New Guinea. For more information, visit

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