February 8, 2022 — Area lobstermen heard little good news at a Jan. 31 Zone B Council meeting as Department of Marine Resources Commissioner Patrick Keliher shared information presented earlier at a December 2021 Lobster Advisory Council meeting.
New gear, reporting and trap line regulations and the temporary closure of local waters to lobster fishing – all aimed at protecting the endangered North Atlantic right whale – are changing how lobstermen fish today and in the future. But greater challenges will play out in federal courts, as lawsuits levied by well-funded environmental groups could shut the fishery completely down.
“This represents the greatest threat to the industry,” Deputy Commissioner Meredith Mendelson said.
If the federal court rules to vacate the National Oceanic and Atmospheric Administration (NOAA)’s biological opinion, as one lawsuit requests, on grounds that it violates the Endangered Species Act and the 1946 Administration Procedures Act (which governs how federal agencies develop and issue regulations), then NOAA’s National Fisheries Marine Service (NFMS) could not legally authorize the fishery to operate.