Saving Seafood

Law

Court OKs limits on Maine lobster fishing amid challenge

November 18, 2021 — The United States can impose seasonal limits on lobster fishing methods in part of the Gulf of Maine while the fate of the restriction is being challenged, the 1st U.S. Circuit Court of Appeals has ruled.

The Tuesday ruling reverses a lower court decision that paused the new rule, which restricts the use of lobster fishing lines in an effort to protect North Atlantic right whales from deadly entanglement in the gear.

Alfred Frawley, a lawyer for a lobstering union and lobster harvesters who sued the National Marine Fisheries Service over its regulation, said the plaintiffs are analyzing the ruling.

Maine’s lobster industry is the biggest in the country. Its lobster fishery caught about $400 million worth of the sought-after crustacean last year, state data shows.

Read the full story at Reuters

Lobstermen’s group launches $10 million fundraising push to ‘save’ industry jobs

November 17, 2021 — The Maine Lobstermen’s Association announced a three-year, $10 million fundraising campaign Tuesday to raise money for the fishery’s fight against impending regulations that industry members say could “eliminate the fishery and end Maine’s lobstering tradition.”

It named the fundraising campaign “Save Maine Lobstermen” and created a website at savemainelobstermen.org.

Earlier this year, the National Marine Fisheries Service released a 10-year plan, known as a biological opinion, to help protect the critically endangered North Atlantic right whale from deadly entanglements in fishing gear.

The first phase of the plan, released in August, adds requirements that include state-specific gear marking, weak points in rope to allow entangled whales to break free, and a 967-square-mile seasonal closure off the coast of Maine to reduce risks to whales by 60 percent this year and 98 percent over 10 years.

Read the full story at the Portland Press Herald

Endangered whales off US coast at center of fierce fight

November 16, 2021 — A judge ruled in favor of Maine’s multimillion-dollar lobster industry, pushing back on efforts to protect endangered species and limit how much fisherman can capture marine life.

The seafood industry is a huge part of Maine’s economy; in 2018 the state’s lobster fishery alone was valued at more than $400 million and brought in approximately 119 million pounds of lobster. According to the National Oceanic and Atmospheric Administration (NOAA), American lobster was the most valuable single species harvested in the U.S.

But all that harvesting has affected marine life. The North Atlantic Right Whale Consortium (NARWC) announced in October that the North Atlantic right whale population dropped to 336 in 2020, an 8 percent decrease from 2019. The group said 2020 was the lowest number for the species in nearly 20 years.

The federal government had attempted to protect endangered right whales, with Secretary of Commerce Gina Raimondo authorizing a partial closure of a fishing zone along the Maine coast that would have prohibited the use of buoy lines that many marine life are hurt or killed by. It was intended to restrict commercial lobster fishing for four months and was the first step in a 10-year plan to protect North Atlantic right whales.

Read the full story at The Hill

Lawsuit over whale protections off Maine’s coast to proceed

November 15, 2021 — A federal judge has declined to throw out a lawsuit against the federal government seeking tougher rules to protect critically endangered North Atlantic right whales from collisions with ships.

The lawsuit, filed by the Center for Biological Diversity, Conservation Law Foundation and other environmental groups in 2012, seeks to force the National Marine Fishery Service (NMFS) to take aggressive steps to protect the right whale population by setting a speed limit for vessels to prevent collisions.

The groups filed a new petition to the court last year accusing the federal agency of dragging its feet on responding to their request for new whale protection rules.

The Biden administration had asked the court to dismiss the lawsuit, but U.S. District Court judge Amit Mehta ruled on Wednesday that the federal agency “cannot ignore its obligation to fully and properly consider a petition for rulemaking.”

Read the full story at The Center Square

Salmon Fishermen Sue to Block Federal Shutdown of Alaskan Fishery

November 12, 2021 — Salmon fishermen are suing the Biden administration because an “unaccountable” federal fisheries board plans to shut down federal waters in Cook Inlet in Alaska, a move that will put them out of business.

The legal complaint in Humbyrd v. Raimondo was filed Nov. 9 in the U.S. District Court for the District of Alaska. Longtime salmon fishermen Wes Humbyrd, Robert Wolfe, and Dan Anderson are suing Gina Raimondo in her official capacity as secretary of the U.S. Department of Commerce.

A regulation known as Amendment 14 that was proposed by the North Pacific Fishery Management Council, a body created under federal law, would permanently close the federal waters of Cook Inlet in Alaska to commercial salmon fishing. This federally controlled area spans 3 nautical miles to 200 nautical miles off Alaska and is referred to as the Cook Inlet Exclusive Economic Zone.

“In less than a month, the Rule will permanently close the commercial salmon fishery in Cook Inlet’s federal waters—not because the fishery is overfished or for any other conservation or environmental reason, but simply because the government finds it too bothersome to coordinate with the State of Alaska in managing the fishery,” the legal complaint states.

Read the full story at The Epoch Times

 

A court decision may help endangered orcas, but Alaskan fishermen are wary

November 8, 2021 — The southern resident killer whale population, three pods of orcas that ply the coastal waters between Monterey, California, and Vancouver Island, British Columbia, has dwindled to only 73 members. Scientists believe this endangered species, which relies almost exclusively on Chinook — or king — salmon, which are also in steep decline, is basically starving its way to extinction.

This past September, however, the U.S. District Court in Seattle seemed to offer the marine mammals a lifeline when it issued a preliminary decision that might make more Chinook available to orcas. Responding to a lawsuit filed by the Wild Fish Conservancy, the court found that the National Marine Fisheries Service (NMFS), the agency responsible for management of both fisheries and endangered marine species, had violated the Endangered Species Act when it determined that commercial harvest of Chinook off southeast Alaska would not jeopardize southern residents or endangered king salmon populations.

But while the court decision is expected to help orcas, it may be bad news for fishermen, as NMFS will likely need to rethink Chinook harvests.

Read the full story at FERN News

 

New court ruling clears path for Bristol Bay Clean Water Act protections

November 1, 2021 — Bristol Bay fishing advocates say a federal court ruling Friday enables the U.S. Environmental Protection Agency to restart a process to protect the bay watershed from plans to develop the Pebble Mine under the federal Clean Water Act.

The order by U.S. District Court Judge Sharon Gleason in Anchorage came in response to a recent motion by the Pebble Limited Partnership and state of Alaska, asking the court to set a schedule for the EPA to either withdraw or finalize a 2014 proposal during the Obama administration that would have restricted mining and waste disposal.

Ruling in favor of the groups Trout Unlimited and SalmonState that filed as intervenors in the case, Gleason in her order stated “neither the retention of jurisdiction pending remand nor the establishment of an administrative timetable by the Court is warranted in this case,” remanding the matter to the EPA for action.

Read the full story at National Fisherman

Nordic Aquafarms wins legal victory, moving planned farm in Maine a step forward

November 1, 2021 — Nordic Aquafarms, which has plans to build a large land-based salmon farm in Belfast, Maine, U.S.A., has won a “complete and total victory” in a court case brought against the company by project opponents.

Nordic Aquafarms has been embroiled in a court battle over the ownership of intertidal land adjacent to property the company purchased rights to in order to route inflow and outflow pipes essential to the operations of the company’s proposed recirculating aquaculture system (RAS) facility.

Read the full story at SeafoodSource

 

Government, conservation groups file appeal to reinstate seasonal lobstering ban

November 1, 2021 — The federal government and a group of conservation organizations filed an appeal this week of a recent court decision that stopped a planned seasonal closure to traditional lobstering in an area of the Gulf of Maine.

The closure, which would have gone into effect Oct. 18, was intended to help protect the critically endangered North Atlantic right whale and would have made traditional, rope-and-buoy lobstering off-limits in the lucrative 967-square-mile zone from October to January.

The Maine Lobstering Union, Fox Island Lobster Co. of Vinalhaven and Damon Family Lobster Co. of Stonington filed a joint lawsuit against the fisheries service last month in an effort to block the closure, arguing that regulators used flimsy science to justify the restricted area.

In his ruling, issued just two days before the closure would have been implemented, U.S. District Judge Lance Walker sided with the lobstering groups and said regulators had relied on “markedly thin” statistical modeling instead of hard evidence to prove the area they had planned to close was really a highly traveled area for the imperiled whale.

Read the full story at the Portland Press Herald

 

Coalition intends to sue feds over offshore Massachusetts wind project

October 29, 2021 — Massachusetts fishermen worried for their livelihoods and the ocean’s ecology are suing the federal government over an offshore wind project called Vineyard Wind.

The Responsible Offshore Development Alliance (RODA), a coalition of fishing industry associations and fishing companies, recently filed a 60-day notice of intent to sue the federal government, according to a news release. This follows a petition for review filed in the First Circuit U.S. Court of Appeals last month, which is pending.

The notice gives the government 60 days to address statutory and regulatory violations RODA asserts the wind project will cause, including violating the Outer Continental Shelf Lands Act, Clean Water Act and Endangered Species Act, the press release said.

RODA Executive Director Annie Hawkins said the government has not done enough investigation into the effects of offshore wind projects.

Read the full story at The Center Square