---
title: "Regulating the killing of Black-footed and Laysan Albatrosses by the Hawaiian Swordfish Fishery"
---

# Regulating the killing of Black-footed and Laysan Albatrosses by the Hawaiian Swordfish Fishery

The U.S. Fish and Wildlife Service ([USFWS](http://www.fws.gov/)) has this month issued a proposal to regulate the killing of seabirds by vessels in the Hawaiian Swordfish *Xiphias gladius* fishery.  This action marks the first time the Migratory Bird Treaty Act ([MBTA](http://www.fws.gov/laws/lawsdigest/migtrea.html)), the USA's foremost law protecting migratory bird species, has been invoked to protect seabirds in Federal waters.

 Previously, only the Endangered Species Act ([ESA](http://www.fws.gov/laws/lawsdigest/ESACT.html)) has been used to prevent seabird deaths caused by commercial longline fishing and it has been only addressed for the Short-tailed Albatross *Phoebastria albatrus*.  The MBTA has not historically been applied to the Hawaiian swordfish fishery because the National Marine Fisheries Service ([NMFS](http://www.nmfs.noaa.gov/)) has asserted that it is out of the range covered by the MBTA.

 A draft Environmental Assessment has been published by the USFWS in the USA's *Federal Register*, seeking public comment by 9 February ([click here](http://www.fws.gov/pacific/migratorybirds/nepa.html)).

 Predominantly Laysan *P. immutabilis* and Black-footed *P. nigripes* Albatrosses are taken by this fishery.

 The above information is adapted from a press release by the [American Bird Conservancy](http://www.abcbirds.org/index.html).

 [Click here](http://www.abcbirds.org/newsandreports/releases/120111.html) for more details, with another report on this development at [http://www.environment-hawaii.org/](http://www.environment-hawaii.org/).

 ![](https://acap.aq/images/stories/acap/Birds/Albatrosses/L/Laysan/laysan_black-footed_midway_by_eric_vanderwerf.jpg)  
Laysan and Black-footed Albatrosses  
Photograph by Eric Vanderwerf

 **Reference:**

 U.S. Fish and Wildlife Service 2012.  [*Draft Environmental Assessment. **Issuance of an MBTA Permit to the National Marine Fisheries Service Authorizing Incidental Take of Seabirds in the Hawaii-based Shallow-set Longline Fishery*](http://www.fws.gov/pacific/migratorybirds/pdf/NMFS%20Permit%20Draft%20EA.pdf).  Portland:  U.S. Fish and Wildlife Service.  50 pp.

 With thanks to Jessica Hardesty-Norris, Seabird Program Director, American Bird Conservancy for information.

 *John Cooper, ACAP Information Officer, 21 January 2012*