State and Local

December 5, 2018 — SEAFOOD NEWS — A whale conservationist with a radical style says he intends to move forward with a “whale safety” initiative petition for 2020 in Massachusetts to ban vertical buoy ropes used in commercial fishing, among other efforts to protect whales and sea turtles.

“We have to have a paradigm shift,” Richard Maximus Strahan, of Peterborough, New Hampshire, said of his advocacy efforts to stop the death and injury of whales and sea turtles from entanglement in rope used in commercial lobstering, crabbing and gillnetting.

On Oct. 11, Strahan withdrew his lawsuit in federal court in Boston that sought more federal and state enforcement against the use by commercial fishermen of vertical buoy ropes. Vertical buoy ropes are seen by scientists and conservation groups as a source of entanglement and often injury and death of marine animals. In withdrawing the lawsuit, Strahan said that the 2018 fishing season is over and that the court and defendants hindered his lawsuit by actions such as ignoring motions for discovery.

For next year, Strahan says he and Whale Safe USA, a political group of about 200, intend to try a variety of tactics, such as the Whale Safe Fishing Act 2020 initiative petition in Massachusetts. He says he also intends to sue individual or small groups of fishermen and block the issuance of commercial fishing licenses in Massachusetts. He proposes a boycott of purchases of lobster, and he wants to identify “green” commercial fishermen who have environmental goals, such as whale and turtle protection and reduction of plastic in the ocean.

Strahan said he would no longer be filing lawsuits in federal court in Boston.

“We are going to go outside the whale biz,” said Strahan, who describes himself as an indigent and a graduate student in the Oct. 11 document.

Generally, Strahan said he views federal and state marine fisheries regulatory agencies as siding with commercial fishing interests rather than marine animal conservation interests. He also said a handful of nonprofit groups in the region, such as the Center for Coastal Studies in Provincetown, are colluding with those regulatory agencies to the detriment of the animals.

“We have been over this with him several times before,” Center for Coastal Studies CEO and President Richard Delaney said in an emailed response.

Strahan’s reputation stems from the 1990s, when right whale entanglement protections lagged and he filed a lawsuit that forced major, costly changes to the fishing industry in Massachusetts. Those changes include trap gear and gillnet bans in Cape Cod Bay while North Atlantic right whales are present, starting early in the year and ending in May, and gear modifications such as breakaway features for gillnets and weak links for trap gear buoy lines.

Strahan returned to the courtroom in February following what scientists and conservationists considered a devastating loss of 17 right whales in 2017 in Canadian and U.S. waters. Particularly since 2010 the right whale population has been in decline, with decreasing numbers of newborns each year as well as a heavy death toll among adult females.

In the civil case first filed in February, Strahan sued the administrator of the National Oceanic and Atmospheric Administration and the assistant administrator of the National Marine Fisheries Service. Other defendants in the lawsuit were the secretary of the state’s Executive Office of Energy and Environmental Affairs, the director of the state Division of Marine Fisheries, commission members of the Atlantic States Marine Fisheries Commission and the Massachusetts Lobstermen’s Association. No person was named specifically in the lawsuit other than Strahan, who represented himself.

Strahan sought to have a judge confirm that federal officials were shirking their duties under the Endangered Species Act by authorizing and failing to enforce certain regulations for commercial fishing; that NOAA had shirked its duties by handing over whale and turtle protections to the National Marine Fisheries Service without evaluating the possible harm to the animals; and that all defendants were violating the Endangered Species Act by allowing for the taking of whales and turtles, either by licensing commercial fishing or actually doing the fishing.

In May, a federal judge declined to issue a restraining order Strahan had sought to temporarily stop commercial lobster pot fishing in Massachusetts coastal waters to protect the right whales. In that ruling, the judge said that, unlike the 1996 federal court ruling, Strahan failed to show that he would likely win in the broader case due to the few rope entanglements that had been recently documented and due to the list of regulations now in place, such as annual lobster gear bans from Feb. 1 through April 30.

The Center for Coastal Studies provides airplane survey data on right whale locations to the state Division of Marine Fisheries, which is then used to make decisions about when to lift the trap gear bans in May, among other uses. The center’s data was cited in the federal lawsuit in an affidavit of Daniel McKiernan, who is deputy director of the state Divison of Marine Fisheries.

The federal lawsuit officially closed Oct. 18.

This story was originally published on SeafoodNews.com, a subscription site. It is reprinted with permission.