Saving Seafood

A ‘whole way of life’ at risk as warming waters change Maine’s lobster fishing

October 30, 2023 — Lobsterwoman Krista Tripp doesn’t need a scientist to tell her the normally cold waters off the coast of Maine are warming. The submersible thermometer she takes on every fishing trip proves that.

But it’s not just the warmer water that’s changing fishing here on the rocky coast of northern New England. Heavy rains are lowering the ocean’s salinity. And warm-water fish that don’t belong keep showing up.

“You can tell the water’s changing, and we’re getting new species,” says Tripp, 38. “People are posting fish they catch on Facebook and asking ‘What’s this?’ And they’re tropical fish.'”

Tripp started lobstering at her grandfather’s knee, where she learned to bait traps. She still tries to fish some of his old favorite spots near to shore, but increasingly she’s plumbing the waters right at the edge of where her permit allows, three miles offshore.

Her grandfather trapped lobster his whole life, and now Tripp, like her father before her, carries on that legacy. For generations, lobstering has helped define this slice of northern New England, where the cold Atlantic waters have been home to the species that helped build a young United States: cod, whales, lobster.

But what Tripp sees from the Shearwater’s wheelhouse is just one part of a larger problem facing the United States, as climate change warms the world’s oceans and transforms the creatures that live in them. As the oceans get hotter, sea life adapts, and many species that used to be easily fished close to land are fleeing to colder, deeper waters.

Read the full article at USA Today

MAINE: Lobster dealers hope for a fall surge

October 26, 2023 — Steamed, boiled, broiled or baked under hot coals and sand or shipped to restaurants and processors hundreds or thousands of miles away, lobster remains a major driver of Maine’s economy, contributing more than $1 billion each year.

And lobstermen’s earnings accounted for more than a third of that amount last year — $388 million, according to preliminary data from the Maine Department of Marine Resources (DMR) — bolstering local communities up and down the coast.

This year, boat prices are high but the catch is down, dealers say. Supply is meeting demand but the demand is lower than last year. While at least one local seafood retailer had a great summer, wholesale dealers’ reports are unenthusiastic. Both lobstermen and dealers are keeping fingers crossed for a big fall surge in catch.

With the state’s commercial fishery granted a six-year reprieve in December from new federal regulations that many industry voices said would decimate the fishery, the 2023 season has focused on traditional concerns, such as supply, demand, prices and bait.

“The price is up but the catch is down, and we’ve had horrible weather,” said Susan Soper, general manager of Winter Harbor Lobster Co-op. “Our retail sales were almost 60 percent down.”

Read the full article at the Ellsworth American

Delano: Biden administration won’t leave lobstermen alone

October 26, 2023 — Lawmakers and a federal appeals court last year defeated a federal plan to save endangered whales by eradicating New England’s lobster industry. With those plans undone, the National Oceanic and Atmospheric Administration (NOAA) is crafting a workaround scheme to regulate lobstermen out of the fishery.

Recent years have been brutal going for lobstermen, such that the survival of our trade is highly uncertain. Lobstermen are at once negotiating higher fuel costs, higher bait costs, higher shipping costs, and an agitation campaign from dark money nonprofits trained on major buyers of Maine lobster products. NOAA’s new regulatory plan is poised to decimate our inventory.

NOAA’s new plan – a rule promulgated under the Marine Mammal Protection Act – would expand an existing restricted area, where lobster fishing is banned for three months each year. The scope of the expansion is unclear as of this writing, but any expansion is unwelcome as a matter of precedent and a practical business matter.

As with the previous plan, NOAA is allegedly crafting its new rule to protect the endangered north Atlantic right whale. The agency maintains vessel strikes and entanglements with lobster gear are killing these marine mammals.

Read the full article at the Boston Herald

 

Native fishermen from US claim Canada’s DFO illegally removed lobster traps

October 24, 2023 — Native fishermen in the U.S. state of Maine claim officials with Canada’s Department of Fisheries and Oceans recently took unwarranted and unauthorized action against them.

According to Henry Bear – past general manager of the Maliseet Nation’s commercial fishing fleet on Grand Manan Island, and past Maliseet Tribal Representative to the Maine House of Representatives – the DFO took unwarranted action against Maine-based Passamaquoddy and Maliseet fishermen by confiscating lobster traps. The fishermen were lobstering in Canadian waters of the Saint Croix River and of Passamaquoddy Bay – which form part of the border between New Brunswick, Canada and Maine in the U.S. – when the DFO reportedly confiscated the traps.

Read the full article at Seafood Source

Decline of rare right whale appears to be slowing, but scientists say big threats remain

October 23, 2023 — The decline of one of the rarest whales in the world appears to be slowing, but scientists warn the giant mammals still face existential threats from warming oceans, ship collisions and entanglement in fishing gear.

The population of North Atlantic right whales, which live off the U.S. East Coast, fell by about 25% from 2010 to 2020 and was down to only about 364 whales as of 2021. Now the whales are at around 356 in total, according to a group of scientists, industry members and government officials who study them.

This suggests the population is potentially levelling off, as equal numbers of whales could be entering the population as are being killed, the North Atlantic Right Whale Consortium said Monday. However, getting an accurate count of the aquatic creatures involves certain ranges of error, which put estimates for 2021 and 2022 at roughly around the same number.

Read the full article at the Associated Press

Federal management trap cap for lobster fishery areas

October 17, 2023 — On September 29, NOAA Fisheries approved federal management measures for the lobster fishery that complement the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan for American lobster. These measures include:

  • In Area 2, ownership caps would restrict most entities to 800 traps, effective May 1, 2025. An entity with an allocation that exceeded this limit as of May 1, 2022, would be capped at their 2022 trap allocation and may not purchase additional traps.
  • In Area 3, a maximum trap cap reduction and a new aggregate ownership cap with proportionate reductions would allow entities to own five times the number of the maximum trap cap. An entity with an allocation that exceeded this limit as of May 1, 2022, would be capped at their 2022 trap allocation and may not purchase additional traps. NOAA is implementing these measures with a one-year delay.
  • Beginning April 1, 2024, mandatory electronic harvester reporting using the federal electronic vessel trip report (eVTR) for all federal lobster permit holders begins April 1, 2024. This reporting requirement will include five additional lobster-specific data elements.

Read the full article at the National Fisherman

Feds won’t challenge pro-lobster court decision

September 11, 2023 — Lawyers from the U.S. Department of Justice have chosen not to appeal the latest court ruling in a legal battle that has pitted North Atlantic right whales against the Maine lobster industry. As a result of the case—Maine Lobstermen’s Association v. National Marine Fisheries Service, et al.—and a regulatory pause put in place by Congress, the government must now wait until the end of 2028 to implement a new set of rules to protect right whales under the Endangered Species Act and the Marine Mammals Protection Act.

The DOJ, which represented federal fisheries managers, had until August 30 to challenge a June 16 appellate court’s decision.

“It’s my understanding that the Department of Justice will not be appealing the June decision in the MLA case,” Maine Marine Resources Commissioner Patrick Keliher said in an email responding to an August 31 inquiry from this newspaper. “It’s good to know that we can now focus on the important work ahead, which includes developing and implementing a robust right whale monitoring program and alternative gear testing that can inform much more targeted and effective regulations during the next phase of rulemaking, scheduled for 2028.”

“The Maine Lobstermen’s Association’s uncontested victory at the Appeals Court puts an end to the federal government’s abuse of power and misapplication of the law in its regulation of the lobster fishery’s impact on right whales,” agreed Patrice McCarron, policy director for the MLA. “The MLA is encouraged that the federal government has accepted the court’s decision and can begin the important work of developing a new Whale Rule and Biological Opinion that are not based on worst-case scenarios and pessimistic assumptions.”

Neither the National Marine Fisheries Service nor the Conservation Law Foundation, which sided with the agency, responded to repeated requests for interviews prior to deadline.

Background

A year ago, on September 8, 2022, U.S. Chief District Judge James E. Boasberg issued a ruling that would have drastically restricted lobstering and related fisheries in order to reduce mortality risks to North Atlantic right whales. Citing figures from the NMFS’s “biological opinion” that put the right whale population at 350 or less, and estimates about the number of whales that were being entangled in U.S. based fishing gear, Boasberg essentially ordered the end of rope fishing in six months, in order to reduce the current minimal risk of entanglement by an additional 90 percent. The new goal set a standard that sought almost no risk of gear entanglement in the Gulf of Maine.

Read the full article at Penobscot Bay Press

Is ropeless fishing gear a whale-safe solution for American Lobster?

August 24, 2023 — The following is an excerpt from an article published by Sustainable Fisheries UW:

Ropeless, also called “on-demand” fishing gear aims to reduce vertical lines in the water column for trap fisheries like lobster. These innovations have become a key component of ongoing fishery management efforts to minimize interactions with whales. We have reported on those interactions before, but we have not covered the gear innovations that may provide hope for critically endangered North Atlantic right whales while allowing fixed-gear fishermen and women to stay on the water. In this post, we will review the problems that ropeless fishing gear may solve, summarize the latest technology, and project what it might mean for the future of fixed gear fisheries.

The race to produce ropeless fishing gear has been sparked by the dire circumstances of North Atlantic right whales. With only about 340 left (approximately 80 are spawning females), just one unusual mortality event per year risks the species’ future—and fishing gear has been implicated in at least nine and up to 27 deaths since 2017 (ship strikes have been responsible for at least 11 deaths).

Traditional lobster gear uses metal cages called traps or pots. They are deployed into the water with a buoy attached to a rope, which hangs vertically in the water column until the trap is collected. Whales can entangle themselves if they swim through areas with ropes in the water. The entanglement and extra weight eventually wear them out, and they drown. Maine reported nearly 3 million trap tags in 2018, and Canada estimates 3,000 trap licenses are active each year with each license holder able to deploy up to about 300 traps. While not every single trap is attached to a vertical line, that still puts an incredible amount of hazardous ropes into the Northwest Atlantic Ocean. Those lines can be a deadly hazard for marine mammals, especially the North Atlantic right whale.

NOAA estimates that over 85 percent of right whales have been entangled in fishing gear at least once. But Maine has not reported a single right whale entanglement in its lobster fishery since 2004, and recent events suggest right whales are at greater risk farther north in Canada. Conservationists and lobstermen and women have disagreed on the best available right whale science for years.

SFUW first reported on this conflict in 2020 and warned of complicated market reactions if sustainability ratings and certifications changed for American lobster fisheries in the U.S. or Canada based on right whale threats. Sure enough, in September 2022, Seafood Watch downgraded all American lobster fisheries in both countries to red, “Avoid.” In December 2022, the Marine Stewardship Council (MSC) suspended the Gulf of Maine lobster fishery’s certification because a federal judge ruled that lobster fisheries violated the Endangered Species Act (ESA).

Two recent reports have given some good and bad news to ropeless gear supporters.

The first report came from the Northeast Fishery Science Center and provided one of the first widespread measurements of ropeless gear retention. Ten lobster fishers set ropeless gear with EdgeTech technology in the Massachusetts Restricted Area and nearby federal waters. 527 traps were set, and 89.5% were retrieved on the first attempt without malfunction. Some of the 11.5% traps that did not return on the first attempt were recovered on subsequent attempts, so the study estimated the actual percentage of lost gear to be equal to or lower than the 5-15% average lost gear rate per season associated with traditional buoy lobster gear.

Each trap had an active acoustic modem sending alerts to all GPS devices in range, which successfully signaled to other vessels and mitigated any conflicts during the study. No gear conflicts were reported with traditional lobster harvesters, scallop dredgers, or other overlapping fleets.

But a second, more recent report from the State of Massachusetts found the expected costs of switching to ropeless fishing gear to be unviable. Currently, Massachusetts lobster harvest profits roughly 15 million per year after expenses. Switching to ropeless gear would eliminate any profit—the study estimated the state would lose 24 million in revenue per year, “and that’s with a 15-year loan to buy the on-demand gear with favorable interest rates.”

If all lobstermen were given ropeless gear for free, profits would still drop to 2 million per year due to the extra time required to harvest.

The disadvantage of using ropeless lobster gear would also be felt harder by smaller, more independent operators. Smaller boats usually fish with fewer traps per line, meaning a higher proportion of traps would directly use acoustic buoy deployments. According to the study, this would almost double the time it takes to retrieve all lobster gear for smaller boat operators.

Ropeless fishing gear is simply too expensive for widespread adoption in American lobster fisheries in the near future. Massachusetts has led the way in new gear testing, but only a fraction of the state’s lobster harvesters have handled the gear on the water. These fishers have been more willing than their counterparts in Maine to test gear because their Massachusetts fixed gear fisheries have been canceled or severely limited to avoid right whale interactions.  

Read the full story at Sustainable Fisheries UW

Pop-up lobster gear may present daunting operating costs, study predicts

August 17, 2023 — A full transition to on-demand or ‘ropeless’ lobster gear in Massachusetts could cost fishermen as much to use the new equipment as buy it, according to a report recently completed for the state Division of Marine Fisheries.

Titled “Estimating the Costs of Using On-Demand Gear in Massachusetts Lobster Fisheries,” the paper is “a deep dive into the financial impacts of using the gear onboard lobster fishing vessels,” according to state officials.

Ropeless gear would eliminate vertical lines between lobster traps and marker buoys on the surface, with the goal of reducing the danger of entanglement with highly endangered North Atlantic right whales. “On-demand” refers to technologies that enable lobstermen to summon buoys anchored on the seafloor when it’s time to retrieve the gear.

The study was written by Noah Oppenheim, a natural resources consultant and owner of Maine-based of Homarus Strategies LLC; professor Robert Griffin of the School for Marine Science & Technology at the University of Massachusetts Dartmouth; and professor Andrew Goode of the University of Maine.

Read the full article at the National Fisherman