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In a move to save the dwindling population of the Pseudorca crassidens -- better known as the insular Hawaiian false killer whale -- the Obama Administration today proposed classifying the population as an endangered species under the Endangered Species Act.
"The whales are losing their food, getting hooked on fishing lines and accumulating toxins at a rate that threatens their survival," said Michael Jasny, Senior Policy Analyst of NRDC's Marine Mammal Project. "Protecting them will go a long way towards protecting the extraordinary marine environment of the Hawaiian Islands."
The Hawaiian false killer whale is a small and ecologically unique population that has suffered a significant decline over the last 25 years and, according to recent analysis by the National Marine Fisheries Service (NMFS), only 150 of the animals may be left. Last month the NMFS released a 230-page report concluding that the population stands "at a high risk of extinction."
"Today's announcement recognizes the serious situation the Hawaiian false killer whales face due to a series of manmade threats," said Sylvia Fallon, wildlife biologist with NRDC. "Toxic chemicals, reduced food sources and interactions with fishing vessels continue to harm this unique mammal. Endangered species status will give the population a chance to recover."
This decision comes one year after NRDC submitted a formal scientific petition to list the population. Should the administration follow through on its proposal, the Hawaiian false killer whale would become only the fourth U.S. whale or dolphin population to appear on the endangered species list since 1970.
Under the endangered species listing, the government would have to identify critical habitat for the population, ensure that activities do not jeopardize its survival, and prepare a "recovery plan" to bring it back from the brink.
Background on the Hawaiian False Killer Whale
Hawaiian false killer whales are large members of the dolphin family. Females can grow up to 15 feet and males can reach 20 feet. In adulthood, false killer whales can weigh up to 1,500 pounds. They are pelagic animals that tend to prefer deep, open water, and the Hawaiian inshore population is the only one of its entire species known to make its home near land. This indicates not only the uniqueness of the population, but also the biological importance of Hawaiian waters as an oasis for marine mammals.
Research shows that Hawaiian false killer whales establish long-term bonds within their species, sometimes mating for up to 20 years. They also display unique feeding habits that promote trust among members of their pod by passing prey back and forth with fellow hunting partners before consuming the catch.
The population faces a number of threats including interactions with local fisheries, reduced food sources and exposure to toxic chemicals. It is likely that the whales are affected by both long-line and unregulated near-shore and "short" long-line fisheries. A recent study showed that disfigurement from fishing gear in this population was four times higher than for other dolphin and toothed whale species around the islands, suggesting high rates of interactions with fisheries. These fisheries may also be contributing to a decline in the size and number of the primary food source for false killer whales: large, deep-water fish including mahi mahi and yellowfin tuna.
The cumulative effects of these risks combined with the population's dangerously small size qualify it for listing under the federal Endangered Species Act. NRDC petitioned to list the Hawaiian false killer whale as an endangered species in September 2009. Granting of endangered species status would extend a special level of protection to the whales and their habitat in order to help the population rebound.
Recent population surveys of the insular population of Hawaiian false killer whales shows a precipitous decline in size over the past 10-20 years. In 1989, more than 300 individuals were seen in aerial surveys compared to more recent population estimates of 150 individuals.
The National Marine Fisheries Service will have one year from today's proposed rule to issue a final rule designating the Hawaiian false killer whale as a federally protected endangered species.
Video of the Hawaiian false killer whales is available here:
https://www.vimeo.com/6738086
https://www.vimeo.com/6737837
NRDC's petition is available here: https://docs.nrdc.org/wildlife/files/wil_09092901b.pdf
NRDC works to safeguard the earth--its people, its plants and animals, and the natural systems on which all life depends. We combine the power of more than three million members and online activists with the expertise of some 700 scientists, lawyers, and policy advocates across the globe to ensure the rights of all people to the air, the water, and the wild.
(212) 727-2700"Does anyone truly believe that caving in to Trump now will stop his unprecedented attacks on our democracy and working people?" asked Sen. Bernie Sanders.
US Sen. Bernie Sanders on Sunday implored his Democratic colleagues in Congress not to cave to President Donald Trump and Republicans in the ongoing government shutdown fight, warning that doing so would hasten the country's descent into authoritarianism.
In an op-ed for The Guardian, Sanders (I-Vt.) called Trump a "schoolyard bully" and argued that "anyone who thinks surrendering to him now will lead to better outcomes and cooperation in the future does not understand how a power-hungry demagogue operates."
"This is a man who threatens to arrest and jail his political opponents, deploys the US military into Democratic cities, and allows masked Immigration and Customs Enforcement agents to pick people up off the streets and throw them into vans without due process," Sanders wrote. "He has sued virtually every major media outlet because he does not tolerate criticism, has extorted funds from law firms and is withholding federal funding from states that voted against him."
If Democrats capitulate, Sanders warned, Trump "will utilize his victory to accelerate his movement toward authoritarianism."
"At a time when he already has no regard for our democratic system of checks and balances," the senator wrote, "he will be emboldened to continue decimating programs that protect elderly people, children, the sick and the poor while giving more tax breaks and other benefits to his fellow oligarchs."
Sanders' op-ed came as the shutdown continued with no end in sight, with Democrats standing by their demand for an extension of Affordable Care Act (ACA) tax credits as a necessary condition for any government funding deal. Republicans have so far refused to negotiate on the ACA subsidies even as health insurance premiums skyrocket nationwide.
The Trump administration, meanwhile, is illegally withholding Supplemental Nutrition Assistance Program (SNAP) funding from tens of millions of Americans—including millions of children—despite court rulings ordering him to release the money.
In a "60 Minutes" interview that aired Sunday, Trump again urged Republicans to nuke the 60-vote filibuster in the Senate to remove the need for Democratic support to reopen the government and advance other elements of their agenda unilaterally. Under the status quo, Republicans need the support of at least seven Democratic senators to advance a government funding package.
"The Republicans have to get tougher," Trump said. "If we end the filibuster, we can do exactly what we want. We're not going to lose power."
Congressional Democrats have faced some pressure from allies, most notably the head of the American Federation of Government Employees (AFGE), to cut a deal with Republicans to end the shutdown and alleviate the suffering it has inflicted on federal workers and many others.
But Democrats appear unmoved by the AFGE president's demand, and other labor leaders have since voiced support for the minority party's effort to secure an extension of ACA subsidies.
"We're urging our Democratic friends to hold the line," said Jaime Contreras, executive vice president of the 185,000-member Service Employees International Union Local 32BJ.
In his op-ed on Sunday, Sanders asked, "Does anyone truly believe that caving in to Trump now will stop his unprecedented attacks on our democracy and working people?"
"If the Democrats cave now, it would be a betrayal of the millions of Americans who have fought and died for democracy and our Constitution," the senator wrote. "It would be a sellout of a working class that is struggling to survive in very difficult economic times. Democrats in Congress are the last remaining opposition to Trump's quest for absolute power. To surrender now would be an historic tragedy for our country, something that history will not look kindly upon."
"Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food," one lawyer said.
As the Trump administration continued its illegal freeze on food assistance, the US Department of Agriculture sent a warning to grocery stores not to provide discounts to the more than 42 million Americans affected.
Several grocery chains and food delivery apps have announced in recent days that they would provide substantial discounts to those whose Supplemental Nutrition Assistance Program (SNAP) benefits have been delayed. More than 1 in 8 Americans rely on the program, and 39% of them are children.
But on Sunday, Catherine Rampell, a reporter at the Washington Post published an email from the USDA that was sent to grocery stores around the country, telling them they were prohibited from offering special discounts to those at greater risk of food insecurity due to the cuts.
"You must offer eligible foods at the same prices and on the same terms and conditions to SNAP-EBT customers as other customers, except that sales tax cannot be charged on SNAP purchases," the email said. "You cannot treat SNAP-EBT customers differently from any other customer. Offering discounts or services only to SNAP-eligible customers is a SNAP violation unless you have a SNAP equal treatment waiver."
The email referred to SNAP's "Equal Treatment Rule," which prohibits stores from discriminating against SNAP recipients by charging them higher prices or treating them more favorably than other customers by offering them specialized sales or incentives.
Rampell said she was "aware of at least two stores that had offered struggling customers a discount, then withdrew it after receiving this email."
She added that it was "understandable why grocery stores might be scared off" because "a store caught violating the prohibition could be denied the ability to accept SNAP benefits in the future. In low-income areas where the SNAP shutdown will have the biggest impact, getting thrown off SNAP could mean a store is no longer financially viable."
While the rule prohibits special treatment in either direction, legal analyst Jeffrey Evan Gold argues that it was a "perverted interpretation of a rule that stops grocers from price gouging SNAP recipients... charging them more when they use food stamps."
The government also notably allows retailers to request waivers for programs that incentivize SNAP recipients to purchase healthy food.
Others pointed out that SNAP is currently not paying out to Americans because President Donald Trump is defying multiple federal court rulings issued Friday, requiring him to tap a $6 billion contingency fund to ensure benefit payments go out. Both courts, in Massachusetts and Rhode Island, have said his administration's refusal to pay out benefits is against the law.
One labor movement lawyer summed up the administration's position on social media: "Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food."
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy.
After failing to use the government's might to bully Jimmy Kimmel off the air earlier this fall, President Donald Trump is once again threatening to bring the force of law down on comedians for the egregious crime of making fun of him.
This time, his target was NBC late-night host Seth Meyers, whom the president said, in a Truth Social post Saturday, "may be the least talented person to 'perform' live in the history of television."
On Thursday, the comedian hosted a segment mocking Trump's bizarre distaste for the electromagnetic catapults aboard Navy ships, which the president said he may sign an executive order to replace with older (and less efficient) steam-powered ones.
Trump did not take kindly to Meyers' barbs: "On and on he went, a truly deranged lunatic. Why does NBC waste its time and money on a guy like this??? - NO TALENT, NO RATINGS, 100% ANTI TRUMP, WHICH IS PROBABLY ILLEGAL!!!"
It is, of course, not "illegal" for a late-night comedian, or any other news reporter or commentator, for that matter, to be "anti-Trump." But it's not the first time the president has made such a suggestion. Amid the backlash against Kimmel's firing in September, Trump asserted that networks that give him "bad publicity or press" should have their licenses taken away.
"I read someplace that the networks were 97% against me... I mean, they’re getting a license, I would think maybe their license should be taken away,” Trump said. "All they do is hit Trump. They’re licensed. They’re not allowed to do that.”
His FCC director, Brendan Carr, used a similar logic to justify his pressure campaign to get Kimmel booted by ABC, which he said could be punished for airing what he determined was "distorted” content.
Before Kimmel, Carr suggested in April that Comcast may be violating its broadcast licenses after MSNBC declined to air a White House press briefing in which the administration defended its wrongful deportation of Salvadoran immigrant Kilmar Abrego Garcia.
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy (D-Conn.) on social media following Trump's tirade against Meyers. "Why? Because Trump believes he—not the people—decides the law. This is why we are in the middle of, not on the verge of, a totalitarian takeover."