Saving Seafood

Maine Lobstermen’s Association will appeal right whale ruling

September 21, 2022 — The Maine Lobstermen’s Association said it will appeal a federal judge’s ruling that new restrictions on their fishery can proceed to protect endangered right whales, calling the plan  “scientifically flawed” and “draconian.”

In an opinion issued Sept. 8, U.S. District Court Judge James E. Boasberg turned aside the lobstermen’s arguments that the National Marine Fisheries Service acted arbitrarily and overstated the hazard their gear poses to whales.

The association had sued NMFS and allied environmental groups to block implementation of the new rules. It was the latest in several years of action in Boasberg’s Washington, D.C. courtroom as NMFS, environmental groups and fishermen battled over measures to protect the right whales – now estimated to number just about 340 animals – from entanglement in fishing trap lines.

“We refuse to let a single judge’s decision be the last word,” MLA President Kristan Porter said in announcing the new appeal. “The facts are clear. Maine lobstermen are not driving the whale towards extinction. There has never been a known right whale mortality associated with Maine lobster gear, and there has not been a single known right whale entanglement with Maine lobster gear in nearly two decades.”

Read the full article at the National Fisherman

MAINE: Maine lobstermen, their livelihoods threatened, push back against California aquarium’s ‘red listing’

September 21, 2022 — Lobstermen from Maine are speaking out over recent warnings about the product they catch to make their living after a West Coast aquarium discouraged consumers from purchasing lobsters.

The Monterey Bay Aquarium, in Monterey, California, is standing by its decision to “red-list” the lobster industry over concerns that North Atlantic right whales are harmed in the fishing process.

“We stand by our science-based assessments,” Seafood Watch, a sustainable seafood advisory list released by the aquarium, told FOX Business via email.

Specifically, they charge that North Atlantic right whales, which number less than 340, become entangled in the lobstermen’s buoy lines.

The Seafood Watch website’s “red list” advises consumers to “take a pass on these [species] for now; they’re overfished, lack strong management or are caught or farmed in ways that harm other marine life or the environment.”

Other lobsters included in the warning include a green “best choice,” a yellow “good alternative” and a blue “certified.”

The aquarium told FOX Business via email that Seafood Watch “started the assessments [you’re] inquiring about in 2018,” after 17 North Atlantic right whales were reported dead in the United States and Canada the previous year.

Read the full article at Fox Business

U.S. charts course for adopting ropeless fishing to reduce whale deaths

September 21, 2022 — A spate of North Atlantic right whale deaths that began in 2017 shook the scientists who study the critically endangered species. That year, 17 whales died, and the losses prompted the U.S.’s National Oceanic and Atmospheric Administration (NOAA) to declare an “unusual mortality event” for them, which remains ongoing. In the years since, at least 54 have perished or sustained injuries so severe that they weren’t expected to live.

The culprits in most of these deaths, when possible to discern, have been ship strikes and entanglements in fishing gear, in roughly equal measure. Together, these hazards have helped spark a decade-long decline in the population of North Atlantic right whales (Eubalaena glacialis), from a post-whaling peak of nearly 500 animals in 2011 to just 336 today.

Guidelines already require large boats to slow down through right whale hangouts to minimize collisions, and the U.S. government is moving to broaden those restrictions. And government regulators, fishers, scientists and engineers in the U.S. and Canada are also trying to address the entanglement part of the equation. Especially since the whale deaths of 2017, key groups have increasingly thrown their support behind novel “ropeless” — more recently called “on-demand” — fishing gear that reduces the need for vertical ropes that attach lobster and fish traps on the ocean floor to buoys at the surface.

On July 29, NOAA released a draft Ropeless Roadmap, laying out the technological and regulatory hurdles facing the adoption of this new fishing gear. Scientists and fishers alike say the use of on-demand gear could give the North Atlantic right whale the reprieve from entanglement it needs to survive. The gear would also allow U.S. trap and pot fisheries, primarily for lobster but also for bottom-dwelling fish, to return to right whale hotspots they’ve been excluded from. These fisheries are the long-standing economic anchors of many communities along the eastern coasts of the U.S. and Canada.

The road map outlines a targeted approach to expanding the use of on-demand gear specifically aimed at allowing ropeless fishing in areas that are closed due to the risk the lines involved in traditional fishing pose to right whales. That would first happen under special permits allowing “limited access” for fishers to try out experimental gear, tentatively scheduled to launch in 2023, according to NOAA’s plans.

The end result might involve highly adaptive and real-time recommendations from scientists indicating places where only on-demand fishing should be allowed because the use of traditional gear with persistent vertical lines would be too dangerous for the few remaining right whales.

“The ropeless roadmap that we’ve written does not envision on-demand fishing for everyone everywhere,” Michael Asaro, a social scientist with NOAA’s Northeast Fisheries Science Center in Woods Hole, Massachusetts, said during a presentation to the Atlantic Large Whale Take Reduction Team in August. The take reduction team works on plans to reduce the danger to whales from fishing gear and includes representatives from academia, conservation groups, federal regulatory bodies and the fishing industry.

“In short, we’re trying to provide tools for fishermen to fish in closed areas,” Henry Milliken, a research fishery biologist at NOAA’s Northeast Fisheries Science Center, said at the presentation.

But this strategy also relies on figuring out where and when right whales will gather to feed and socialize — questions that continue to vex scientists. With right whale numbers perilously low and continuing to plunge, the stakes are clear, said Asaro, the report’s lead author.

Read the full article at Mongabay

Maine Lobstermen’s Association appeals federal judge’s rejection of lawsuit

September 20, 2022 — The Maine Lobstermen’s Association is appealing a federal judge’s ruling that rejected its lawsuit challenging new restrictions on the harvesting of lobster off the Maine coast.

The MLA filed the lawsuit in September 2021.

U.S. District Court Judge James Boasberg denied the MLA’s request in a Sept. 8 ruling. It’s the latest in a string of legal setbacks for lobster fishermen who are coping with increasingly strict fishing rules meant to save North Atlantic right whales, which number less than 340 and are vulnerable to entanglement in fishing gear.

Read the full article at News Center Maine

MAINE: Public campaign grows as Maine lobster sector appeals court ruling on gear restrictions

September 20, 2022 — The Maine Lobster Marketing Collaborative (MLMC) is urging consumers to support the lobster fishery in the U.S. state of Maine on National Lobster Day and beyond after Seafood Watch downgraded the fishery to “red/avoid”.

Monterey Bay Aquarium Seafood Watch’s lower rating of North American lobster and Canadian snow crab was primarily due to potential impacts the fisheries could be having on North Atlantic right whales.

Read the full article at SeafoodSource

Maine lobstermen appeal federal judge rejection of lawsuit

September 19, 2022 — The Maine Lobstermen’s Association is appealing a federal judge’s ruling that rejected a lawsuit aimed at blocking new regulations designed to protect the endangered North Atlantic Right Whale.

The appeal goes to the United States Court of Appeals for the District of Columbia Circuit.

The Maine Lobstermen’s Association, with the state, sued to stop or delay the regulations that will limit where and how lobstermen can fish in federal waters. The lawsuit argued that the National Marine Fisheries Service acted arbitrarily by failing to rely on the best available scientific information and by failing to account for the positive impact of conservation measures already adopted by the Maine lobster fishery.

Read the full article at WABI

MAINE: What the Seafood Watch ‘avoid’ designation really means

September 16, 2022 — Earlier this month, Seafood Watch, an influential seafood sustainability list published by the Monterey Bay Aquarium, changed the designation of lobster from Atlantic communities to avoid. The organization indicated that fishery management isn’t going far enough to protect the endangered right whale. Maine’s lobstermen, seafood dealers and politicians have been up in arms about the recommendation ever since.

Read on to see what the “red-list” rating really means, and how lobster ended up on the avoid list.

What does it mean to be put on the Seafood Watch “avoid” list?

The Seafood Watch list reviews fisheries and aquaculture operations to determine environmental sustainability. After those reviews, the organization divides fisheries into three different categories: best choice, good alternative and avoid. The list is used by some restaurants, seafood buyers and other companies as a guide for what seafood they should be stocking.

“Best choice” fisheries are ones that Seafood Watch has determined are well managed and caught responsibly. “Good alternative,” a category the U.S. and Canadian lobster fisheries were previously under, are good buys, but there are some lingering concerns.

The “avoid” category is a designation that Seafood Watch uses to advise customers to “take a pass” on, either because they are overfished, lack strong management practices or are caught in ways that harm other marine life.

Lobster has been downgraded to “avoid,” according to Seafood Watch, because the fishery has not dealt with its risks to the critically endangered North Atlantic right whale. In July, a federal court judge, for the second time in recent years, deemed that the federal management of the U.S. lobster fishery is not in compliance with the Endangered Species Act, forcing regulators to come up with new ways to reduce the chances the fishing lines have in hurting whales.

Who’s behind the Seafood Watch list?

Seafood Watch is a program created and run by the Monterey Bay Aquarium that has been around for 20 years.

Read the full article at Bangor Daily News

MAINE: Maine’s leaders seek more time on whale protection rules

September 15, 2022 — Maine Gov. Janet Mills is seeking to delay new federal whale protection rules, citing fears the state’s commercial lobstermen won’t be able to comply.

In a letter to Commerce Secretary Gina Raimondo, Mills urges federal fisheries regulators to extend the period for collecting public comment on the new regulations, which are aimed at protecting critically endangered north Atlantic right whales by setting a seasonal closure and requiring modifications to gear.

Mills said she believes it is “unconscionable” that the National Oceanic and Atmospheric Administration only plans to hold one remote public hearing on the new regulations, which call for reducing by 90% the number of Atlantic Coast fixed gear fisheries, including lobster industry.

Read the full article at The Center Square

MAINE: Mills urges feds to hold in-person hearings in Maine on fishing changes to protect right whales

September 14, 2022 — Gov. Janet Mills and members of Maine’s congressional delegation are raising concerns about the pace of federal efforts to prevent whale entanglements and whether Maine’s lobster industry will have a chance to provide input on potential changes.

In a letter sent Tuesday to U.S. Commerce Secretary Gina Raimondo, Mills accused the National Oceanic and Atmospheric Administration of moving at a “breakneck pace” as it develops new plans to reduce the risks of whale entanglements in fishing gear. Mills also strongly criticized the agency for scheduling only a single webinar to gather feedback from the fishing community and other stakeholders as well as for suggesting that state officials hold additional scoping sessions on the potential federal changes.

“It is unconscionable for NOAA to only hold a single public hearing and a virtual meeting at that,” Mills wrote. “As NOAA well knows, effectively reaching an audience of fishermen with challenging schedules absolutely requires in-person meetings and opportunities for comment.” Instead, Mills is calling on the agency to hold multiple meetings in Maine so that NOAA staff can meet in-person with fishermen.

Read the full article at Maine Public

MAINE: Portland restaurant acknowledges misinformation about lobster sales

September 14, 2022 — A Portland seafood restaurant and several national companies are correcting misinformation circulating in the wake of the announcement by Seafood Watch that it was red-listing American lobster because of the risk lobster gear poses to endangered North Atlantic right whales.

Shortly after the announcement, national news outlets reported that meal kit delivery services Blue Apron and Hello Fresh pulled lobster from their menus. Calls to boycott those companies began circulating on social media in response to the red-listing by Seafood Watch, a seafood sustainability project of the Monterey Bay Aquarium in California.

However, a spokesperson for Blue Apron says the company did not pull lobster from its meal kits because of the red-listing.

“The lobster on (Blue Apron’s) menu was a limited seasonal box that was no longer available for purchase prior to the report,” the spokesperson said in an email Tuesday. “It was not removed as a response to the red-listing.”

Read the full article at Sun Journal