December 18, 2024 — The following was released by the Office of Massachusetts Senate Minority Leader Bruce Tarr:

The powerful authority to remove abandoned fishing gear from the Commonwealth’s waters, long championed by State Senate Minority Leader Bruce Tarr (R-Gloucester) is now law, following the inclusion of Tarr’s language into the final version of a sweeping economic development bill (H.5100, An Act relative to strengthening Massachusetts’ economic leadership) by the legislature and the approval of that bill by Governor Maura Healey (D- Mass) when she signed it into law on November 20^th, 2024. The bi-partisan, bicameral language was also co-sponsored by Senators Joan Lovely (D-Salem), Mark C. Montigny (D-New Bedford) and Patrick O’Connor (R-Weymouth).

“Left unchecked, abandoned fishing gear poses several threats to our marine environment and ecosystems,” said Tarr. He added that, “It ‘ghost fishes,’ increasing mortality without any harvest benefit, it presents a major risk for entanglement for right whales and other species, it clutters and pollutes the ocean floor, and it presents ongoing problems for coastal communities that have to deal with this form of pollution when it washes ashore and must be collected and disposed of before it does further damage.”

Currently, because Massachusetts law treats abandoned gear as private property even when it is unclaimed and no owner can be identified, state regulators at the Division of Marine Fisheries (DMF) cannot effectively develop and implement regulations to facilitate the systemic removal of the gear from state waters despite the clear and multiple environmental threats it poses on a continuing basis. This amendment reframes and restructures relevant portions of state law to allow the agency to engage the public process of creating new regulatory measures to allow the gear to be responsibly removed while respecting private property considerations.

“Derelict fishing gear has no place in our environment. Over 9% of fishing gear is lost or abandoned annually, but outdated state laws prevent efforts to recover it. This is a persistent problem—abandoned gear is a threat to endangered right whales, a safety hazard for mariners, a nuisance on our beaches, and a costly burden for municipalities to clean up,” said Department of Fish and Game Commissioner Tom O’Shea. “Thank you to Senator Bruce Tarr for leading this effort to modernize state law and streamline our department’s efforts to recover derelict gear.”

The passage of this amendment follows months of research on the subject by the DMF, and collaboration with Tarr and other legislators, with a focus on prioritizing the protection of right whales while recognizing the high price currently being paid by those in the commercial lobster fishery to protect this endangered species through the extreme economic sacrifice of enduring fishery closures that last for months and prevent harvesters and others from being able to earn a living.

“This amendment will support and maintain the integrity of fishing operations in Massachusetts,” said Lovely. “By taking this important action, we are protecting the livelihoods of our fishing communities. Thank you to Senator Bruce Tarr for his leadership and partnership on this amendment.”

Preserving the health of our waterways, coastlines, and fishing grounds is vital for the well-being of our oceans and the entire marine ecosystem,” said O’Connor. “Our commercial fishing partners have stood as steadfast advocates for their industry, and this amendment offers a decisive solution to address the issue of removing debris and lost gear that often washes ashore and has been challenging to manage in the past.”

“Abandoned and lost fishing gear can persist for many years on the ocean floor, in the water column, and on our beaches,” said Massachusetts Division of Marine Fisheries Director Daniel J. McKiernan. “We are grateful to the lobster industry leaders and conservation community leaders who came together with us to devise strategies to dispense of this marine debris and minimize the ecological impacts that it could create.”

“The Massachusetts Lobstermen’s Association (MLA) is proud to support this Abandoned Gear amendment that will modernize the law to help local communities with their beach cleanup efforts,” said Executive Director of the MLA, Beth Casoni. “The commercial lobster industry also helps with many of these cleanup efforts to maintain clean beaches for everyone to enjoy.”

This new law establishes the legal framework for the chronic nemesis of abandoned fishing gear to be removed from the state’s waters through appropriate regulations promulgated by the Massachusetts Division of Marine Fisheries (DMF). This bi-partisan, bi-cameral amendment was originally filed as a stand-alone bill (S.2793) earlier this year garnering co-sponsorship support from Senator Patrick O’Connor (R-Weymouth) and Representatives Ann Margaret Ferrante (D-Gloucester) and Kathleen LaNatra (D-Kingston). It was reported favorably by the Committee on Environmental and Natural Resources on June 17^th, 2024.

“Our communities depend on a clean and unobstructed ocean. Abandoned and unused fishing gear threatens navigation of vessels, as well as the travel lanes of some of our marine species,” said Ferrante. “This amendment allows for the removal of legitimately abandoned fishing gear, protects marine life, while maintaining the private property rights of our fishermen and lobstermen.”

“Abandoned fishing gear presents a clear threat to the health and safety of marine wildlife and our ocean ecosystem as a whole. Yet, current statute prevents us from cleaning up our oceans and being proper stewards of our most important and vital resource,” said LaNatra. “I am proud to co-sponsor this amendment to ensure that our oceans and waterways are not being cluttered by gear that is no longer providing any economic benefits to the Commonwealth, and only adds to the threats that our marine ecosystems face today.”

The passage of this amendment follows several other initiatives spearheaded by Tarr, with the overwhelming support of the legislature, to protect right whales and support the state’s commercial fishing industry over the past several years.

They include:

Funding for Directed Patrols by the Massachusetts Environmental Police (MEP) of Areas Closed to Fishing Due to the Potential for Right Whale Presence

Tarr secured $250,000 in Fiscal Year 2022, and again in Fiscal Year 2024 for these targeted efforts to prevent harm to right whales during the peak times for their presence in Massachusetts waters. These efforts came at the request of the Massachusetts Lobstermen’s Association, because of the organization’s concern that injuries not related to active fishing could occur even as lobster harvesters were making the significant economic sacrifices caused by state waters being closed to lobstering.

The funding from this program has been highly effective in protecting right whales through several measures, including:

Prevention of Illegal Activities:

Increased patrols act as a deterrent to illegal activities in closed areas. These areas are designated to protect right whales during critical times, such as calving and feeding. Patrolling helps enforce regulations and prevents unauthorized fishing activities, reducing the risk of entanglement and collisions between whales and fishing gear.

Reduction of Entanglement Risks:

Closed areas are often established to minimize the risk of entanglement, a significant threat to right whales. Fishing gear, such as lines and traps, can pose a danger to whales if they become entangled. Patrolling closed areas ensures that fishing activities comply with regulations, reducing the likelihood of abandoned or improperly managed gear that could entangle right whales.

Enhanced Response to Gear Debris:

Increased patrols enable authorities to respond promptly to any fishing gear debris found in closed areas. Abandoned or lost gear, known as fishing gear debris, can continue to pose risks to marine life. Patrols help identify and remove such debris, preventing potential harm to right whales and other marine species.

Protection of Critical Habitats:

Closed areas are often designated in important habitats for right whales, such as calving grounds and feeding areas. Patrolling ensures that these critical habitats remain free from disturbances that could disrupt the natural behavior of the whales. Protecting these areas contributes to the overall well-being and reproductive success of the right whale population.

Research and Monitoring Opportunities:

Patrolling closed areas provides opportunities for research and monitoring efforts. Observations made during patrols contribute valuable data on the behavior, health, and distribution of right whales. This information is essential for implementing effective conservation measures and adapting strategies to better protect the species.

Funding for Gear Designed to Protect Right Whales

In Fiscal Year 2023, Tarr authored successful legislation to create a program for grants to lobster harvesters for replacement gear required for the protection of right whales. The grant program, funded at $500,000, provided the funds needed for harvesters to be able to afford the substantial cost of such essential fishing gear as “weak rope,” constructed to break in the event of high stress due to a whale entanglement.

DMF awarded approximately $475,000 to 162 Massachusetts lobster fishers to purchase whale safe rope and gear marking supplies.  The awards ranged from $1,000 to $3,025.

Endangered Species: North Atlantic Right Whales

The North Atlantic right whale is recognized for their massive size, distinctive callosities on their heads, and broad, deeply notched tails. These marine giants once thrived in the waters along the eastern coast of North America; however, their population has dwindled to critically low numbers, making them one of the rarest large whale species on the planet.

One of the defining features of North Atlantic right whales is their annual migration in which they embark on a seasonal pilgrimage, covering vast distances from their feeding grounds in chilly northern waters to their calving areas in the warmer, southern regions. The North Atlantic right whale’s migration typically occurs in late fall and early winter when they travel southward to give birth and nurture their calves in the subtropical waters off the southeastern United States.

During the spring (March to June), North Atlantic right whales can be spotted in the waters of New England as they migrate northward. This period coincides with their return journey from their calving grounds in the warmer southern waters. As the waters in New England begin to warm up, these whales travel along the Atlantic coast, feeding on plankton-rich areas.

It is important to note that the exact timing of their arrival and departure may vary each year, influenced by factors such as oceanographic conditions and the availability of their primary food sources. Understanding the intricacies of their migration patterns and addressing the threats they encounter during these journeys are critical steps in the conservation efforts, which aim to track and protect these whales during their migrations, especially given the various threats they face in their journey, such as vessel strikes and entanglement in fishing gear.