Saving Seafood

Seafood Watch’s ‘red’ listing ignores Maine lobstermen’s conservation efforts

October 12, 2022 — Marianne Moore of Calais represents Maine Senate District 6. She is the Senate Republican lead for the Legislature’s Health and Human Services Committee.

Maine’s lobster industry is renowned for harvesting the sweetest, most tender lobster meat in the world. Our rocky coastline, craggy ocean bottoms and water that is neither too warm nor too cold set us up perfectly for the Homarus americanus, or American lobster, species we harvest. They are the most sought after in the world, and even inspired the name of a restaurant chain.

Maine’s iconic crustacean is not only a billion-dollar industry, but also a part of our state’s ethos and heritage. We’ve been fishing for these “bugs” since the 1800s, and the industry was one of the first to self-regulate when fishermen adopted a rule 150 years ago to protect the fishery by returning egg-bearing females. Size and other limitations have been put in place since to ensure the population’s sustainability.

Lobstering can be a hazardous profession, too. The typical season for most of Maine’s lobstermen is June to October when lobsters are closer to shore in their preferred habitat of up to 164 feet of water. When the water gets cold, however, they can move as far as 30 miles offshore where conditions are more challenging and dangerous for fishermen.

Read the full article at Bangor Daily News

Maine Lobstermen’s Association seeks expedited federal appeal

October 12, 2022 — The Maine Lobstermen’s Association said Tuesday it has hired former U.S. Solicitor General Paul Clement to bring the association’s appeal of the new National Marine Fisheries Service rules to protect the endangered North Atlantic right whale.

The association is challenging what it calls the “scientifically-flawed federal whale plan that will cripple Maine’s lobster industry.” Clement, who served as U.S. solicitor general during the President George W. Bush administration from 2004-2008, “is widely recognized as a leading Supreme Court advocate, focusing on appellate matters, constitutional litigation, and strategic counseling,” the MLA said in a prepared statement

“When we said we refuse to let a single judge’s decision be the last word and that MLA is preparing to go all the way to the Supreme Court, we weren’t kidding,” said MLA president Kristan Porter, a commercial fisherman from Cutler, Maine. “We are incredibly grateful that Paul Clement, arguably the most qualified attorney in the nation on these matters, has chosen to stand with us.

Read the full article at the National Fisherman

MAINE: Janet Mills provides $100,000 to fight federal ruling on lobster restrictions

October 12, 2022 — Gov. Janet Mills on Tuesday directed $100,000 in state money toward the appeal of a federal ruling that upheld new fishing requirements designed to protect right whales.

The decision, handed down in early September, went against the Maine Lobstermen’s Association in its bid to roll back the new fishing requirements. The association and state filed an appeal saying that the ruling was based on flawed data, and the regulations are too punitive to the lobster industry.

In a statement, the Democratic governor said federal regulators are moving “heedlessly ahead to implement new rules that would devastate Maine lobstermen,” so the appeals court must quickly move to “prevent further damage” to the iconic industry.

Read the full article at Bangor Daily News

Fishermen hire Bush-era official in challenge to whale laws

October 12, 2022 — Maine lobster fishermen have hired a former high-ranking U.S. Department of Justice official to represent them in their case against new laws intended to protect whales.

The Maine Lobstermen’s Association is appealing its case against the new rules to the U.S. Court of Appeals for the District of Columbia Circuit. The group said Tuesday it has hired Paul Clement, who served as U.S. solicitor general from 2004 to 2008, to represent it in the case.

The solicitor general supervises all Supreme Court litigation for the U.S., and Clement has argued dozens of cases in front of the high court. That’s where the lobstermen’s case could ultimately be headed, he said Tuesday.

Read the full article at the Washington Post

Whales are dying. Ropes from lobster traps are partly to blame. That’s put lobsters — and the people who catch them — in the crosshairs of conservation groups.

October 12, 2022 — On a Wednesday afternoon last month, Sam Sewall snagged a lobster from a trap in York Harbor in Maine, and measured its carapace like a shoe salesman sizing a squirmy toddler’s foot. About 100 miles to the south, New England Aquarium marine scientist Sharon Hsu peered through the bubble windows of a small plane flying off Cape Cod, searching for whales. And in an alley behind Newbury Street in Boston’s Back Bay, chef Michael Serpa received a delivery of 20 pounds of fresh lobster tail, knuckle, and claw meat.

Out on the water, Sewall and his father, Mark, pulled up six traps in 90 minutes. After sizing and surveying each lobster, they tossed most back — they were too small, or breeders — and returned to dock with just a dozen lobsters. Sewall grimaced. New federal regulations on lobster fishing were likely coming, Sewall knew, and he worried about what they would mean for his livelihood.

Up in the air 15 miles off Nantucket, Hsu spotted the telltale heart-shaped blow of an endangered North Atlantic right whale. It swam slowly, with several rope lines trailing behind it.

Hsu had seen this whale before, similarly entangled in the Gulf of St. Lawrence. It was Snow Cone, and this was her fifth entanglement. Hsu knew Snow Cone would not likely survive.

“It was like a punch in the gut,” Hsu said, echoing a lobsterman she’s never met.

Meanwhile, Serpa took the lobster meat and began cleaning, chopping, and prepping it for that night’s dinner. There were lobster rolls and lobster spaghetti to prepare to fill the eager bellies of his guests. Demand has been so strong lately, he can practically name his price.

Read the full article at the Boston Globe

MAINE: Maine lawmakers call for more hearings on whale rules

October 11, 2022 — Members of Maine’s congressional delegation are asking the federal government to hold more hearings on whale protection rules to gauge the impact on the state’s commercial fishing industry.

In a letter to the National Marine Fisheries Service, Sens. Susan Collins, R-Maine and Angus King, I-Maine, said the federal agency’s decision to hold only one public hearing last week on the new regulations “unacceptable” and called for more engagement with the lobster industry.

The lawmakers wrote that the 90% risk reduction target fisheries regulators are pursuing over the next two years to protect critically endangered North Atlantic right whales would be a “death knell” for lobstermen.

Read the full article at Center Square

Supplemental Materials for February 22 Meeting of the American Lobster Board Now Available

February 17, 2022 — The following was released by the Atlantic States Marine Fisheries Commission:

Supplemental materials for the February 22nd meeting of the Atlantic States Marine Fisheries Commission’s American Lobster Management Board are now available athttp://www.asmfc.org/files/Meetings/AmLobsterBoardFeb2022/AmLobsterBoardSupplementalMaterials_Feb2022.pdf. The Board will meet via webinar on February 22nd from 1 – 3:30 PM. The purpose of the meeting is to review submitted public comment and advisory panel input on Draft Addendum XXIX: Electronic Vessel Tracking in the Federal American Lobster and Jonah Crab Fisheries and consider final approval of the Addendum.

To register for the webinar go to https://attendee.gotowebinar.com/register/2930590334961190923 (Webinar ID 845-804-555). If you are joining the webinar but will not be using VoIP, you can also call in at +1 (562) 247-8422, access code 538-513-755. A PIN will be provided to you after joining the webinar; see webinar instructions for details on how to receive the PIN as well as how to navigate the webinar. For those who will not be joining the webinar but would like to listen in to the audio portion only, you can do so by dialing +1 (562) 247-8422, access code 538-513-755. The webinar will begin at 12:30 PM so people can troubleshoot any connectivity or audio issues they mayencounter. If you are having issues with the webinar (connecting to or audio related issues), please contact ChrisJacobs at 703.842.0790.

The webinar will allow registrants to listen to the Board’s deliberations and view presentations and motions as they occur.  The Board will provide the public the opportunity to bring matters of concern to the Board’s attention at the start of the meeting. The Board Chair will ask members of the public to raise their hands to let the chair know they would like to speak. Depending upon the number of commenters, the Board Chair will decide how to allocate the available time on the agenda (typically 10 minutes) to the number of people who want to speak.

 

Meeting materials for February 22nd American Lobster Management Board Webinar Now Available

February 7, 2022 — The following was released by the Atlantic States Marine Fisheries Commission:

The draft agenda and meeting materials for the February 22nd meeting of the Atlantic States Marine Fisheries Commission’s American Lobster Management Board are now available athttp://www.asmfc.org/files/Meetings/AmLobsterBoardFeb2022/AmLobsterBoardMaterials_Feb2022.pdf. The Board will meet via webinar on February 22nd from 1 – 3:30 PM. The purpose of the meeting is to review submitted public comment on Draft Addendum XXIX: Electronic Vessel Tracking in the Federal American Lobster and Jonah Crab Fisheries and consider final approval of the Addendum.

To register for the webinar go to https://attendee.gotowebinar.com/register/2930590334961190923 (Webinar ID 845-804-555). If you are joining the webinar but will not be using VoIP, you can also call in at +1 (562) 247-8422. A PIN will be provided to you after joining the webinar; see webinar instructions for details on how to receive the PIN as well as how to navigate the webinar. For those who will not be joining the webinar but would like to listen in to the audio portion only, you can do so by dialing +1 (562) 247-8422, access code 538-513-755.

The webinar will allow registrants to listen to the Board’s deliberations and view presentations and motions as they occur.  The Board will provide the public the opportunity to bring matters of concern to the Board’s attention at the start of the meeting. The Board Chair will ask members of the public to raise their hands to let the chair know they would like to speak. Depending upon the number of commenters, the Board Chair will decide how to allocate the available time on the agenda (typically 10 minutes) to the number of people who want to speak.

Public Comment Guidelines

With the intent of developing policies in the Commission’s procedures for public participation that result in a fair opportunity for public input, the ISFMP Policy Board has approved the following guidelines for use at management board meetings:

For issues that are not on the agenda, management boards will continue to provide opportunity to the public to bring matters of concern to the board’s attention at the start of each board meeting. Board chairs will ask members of the public to raise their hands to let the chair know they would like to speak. Depending upon the number of commenters, the board chair will decide how to allocate the available time on the agenda (typically 10 minutes) to the number of people who want to speak.

For topics that are on the agenda, but have not gone out for public comment, board chairs will provide limited opportunity for comment, taking into account the time allotted on the agenda for the topic. Chairs will have flexibility in deciding how to allocate comment opportunities; this could include hearing one comment in favor and one in opposition until the chair is satisfied further comment will not provide additional insight to the board.

For agenda action items that have already gone out for public comment, it is the Policy Board’s intent to end the occasional practice of allowing extensive and lengthy public comments. Currently, board chairs have the discretion to decide what public comment to allow in these circumstances.

In addition, the following timeline has been established for the submission of written comment for issues for which the Commission has NOT established a specific public comment period (i.e., in response to proposed management action)

· Comments received by 5 PM on Monday, February 15 will be included in the supplemental materials.

The submitted comments must clearly indicate the commenter’s expectation from the ASMFC staff regarding distribution.  As with other public comment, it will be accepted via mail, fax, and email.

For more information, please contact Caitlin Starks, Senior FMP Coordinator, at cstarks@asmfc.org.

 

Commercial Fishing Prohibited in Northeast Canyons and Seamounts Marine National Monument

December 17, 2021 — The following was released by NOAA Fisheries:

President Biden revised the prohibited activities for the Northeast Canyons and Seamounts Marine National Monument to include a prohibition on commercial fishing. All commercial fishing, other than for American lobster and Atlantic deep-sea red crab taken with fixed gear, is prohibited within the Monument as of October 8, 2021. American lobster and red crab fisheries are exempted from this prohibition until September 15, 2023, except where restricted under the New England Fishery Management Council’s Deep-Sea Coral Amendment (see below). These prohibitions reinstate the fishing prohibitions outlined in the original Monument proclamation signed by President Obama on September 15, 2016.

The Monument covers underwater seamounts (Bear, Mytilus, Physalia, and Retriever) and submerged canyons (Oceanographer, Gilbert, and Lydonia). You can find more information about the Monument on our Northeast Canyons and Seamounts Marine National Monument webpage and in the Federal Register.

Since the Monument was first designated in 2016, the New England Fishery Management Council developed and NOAA Fisheries approved and implemented (86 FR 33553, June 25, 2021) an Omnibus Deep-Sea Coral Amendment to its fishery management plans. This action prohibited the use of bottom-tending commercial fishing gear (with an exception for red crab pots) within the designated Georges Bank Deep-Sea Coral Protection Area, an area along the outer continental shelf in waters no shallower than 600 m to the Exclusive Economic Zone boundary. This action closed approximately 82 percent of the Monument to fishing earlier this year. This reinstated fishing prohibition applies to the remainder of the Monument area, shown in Figure 1. Lobster fishing with fixed gear may continue in the area of the reinstated Monument fishing restrictions (red hashed area in Figure 1) until September 15, 2023. Fishing for deep-sea red crab with fixed gear may continue throughout the entire area until September 15, 2023. Check out our Frequently Asked Questions about the Monument for more information.