Saving Seafood

BRENNAN STRONG: Maine lobstermen and fisheries regulators need more time to assess new whale rules

February 19, 2021 — I am a 22-year-old commercial lobsterman. I got my lobster license at 11 years old and I have poured my heart, soul, blood, sweat and tears into building my business ever since. I am writing out of deep concern for the future of the lobster fishery because of the newly proposed right whale regulations.

For over 100 years, this industry has been the role model for a sustainable and honorable fishery. We throw back more lobsters than we keep every day, as well as remove litter consistently from the bays where we work. This industry has given thousands of people opportunities to work, dream, and contribute to coastal communities. Lobstering is a way of life and is vital for Maine and its people.

However, the Center for Biological Diversity v. Ross court ruling from Judge James Boasberg requiring the National Marine Fisheries Service (NMFS) to have new right whale regulations and a new biological opinion by May 31, 2021 is dangerously premature. The problem is that May 31 is too soon to properly evaluate the scientific and real-life factors at play. The entanglement statistics contain many assumptions and more time is needed to make sure everything is fact-based.

The significant threats to right whales have been and continue to be vessel strikes and entanglement with Canadian fishing gear, not Maine lobster gear. Those threats are not discussed thoroughly in the draft biological opinion, which states:

“NMFS is conducting a review of our vessel strike reduction measures … as it pertains to right whale management. … This review is expected to be released soon.”

Read the full opinion piece at the Bangor Daily News

MAINE: Zone C lobster council OK’s trawl limit plan

October 27, 2020 — With the National Oceanic Administration’s National Marine Fisheries Service (NMFS) under a fast approaching, court-imposed deadline to develop new whale protection rules, the Zone C Lobster Management Council held a special meeting on the internet in late September to get an update on the situation from Department of Marine Resources Commissioner Patrick Keliher and consider a zone-specific plan for gear modifications that will likely be required by NMFS.

On Aug. 19, U.S. District Court Judge James Boasberg gave NMFS nine months to craft new rules to protect endangered right whales from entanglement in lobster fishing gear. In April, Boasberg had ruled that NMFS violated the federal Endangered Species Act in 2014 when it adopted new rules governing the lobster fishery by failing to adequately consider the risk right whales might face if they become entangled in the vertical lines that connect lobster traps on the sea floor to marker buoys on the surface.

The judge vacated the NMFS “biological opinion” required by the ESA, which allowed continuation of the lobster fishery as it is currently practiced.

In August, the judge gave NMFS and the lobster industry until May 31, 2020, to come up with a new biological opinion and new lobster fishing regulations. He ordered NMFS to submit progress reports to the court every 60 days beginning Sept. 30.

Read the full story at The Ellsworth American

Judge orders new fisheries impact analysis on right whales, decides not to close fishery

September 10, 2020 — United States District Court Judge James Boasberg in Washington, D.C., handed down his remedy Aug. 19 to the National Marine Fisheries Services, which he ruled last spring had violated the Endangered Species Act in licensing the fisheries in the northeastern U.S.

He gave the NMFS until May 31, 2021, to conduct a new biological opinion on the fishing industry’s impacts on the endangered right whale species and measures to decrease whale deaths caused by the industry, vacating the previous biological opinion.

Earlier this year he found that the NMFS had failed to file an incidental take report in 2014 after discovering the vertical lines used in the fishing industry could be responsible for up to three whale deaths a year, which is more than the species can sustain, according to NMFS’ own calculations.

Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife and the Humane Society of the United States, the plaintiffs in the case, requested over 5,000 square miles south of Cape Cod, Massachusetts, where large numbers of whales congregate, be closed to vertical line fishing.

Intervenors in the case argued that closing off that area to fishing would place more nets outside its boundaries, creating a situation where lines are closer together, increasing entanglement risks for whales trying to reach the area considered for fishing closure.

The judge decided against the plaintiffs’ request because there is no legal precedent for such an action, he said in his opinion. He decided it would be too detrimental to the New England fishing industry that is already struggling because of the coronavirus.

Read the full story at Village Soup

Judge refuses to shut down lobster industry

August 28, 2020 — Maine’s lobster industry last week got a bit of a break—two breaks, actually—with developments from Washington.

First, on August 19, Federal District Judge James Boasberg refused to shut down the lobster fishery as many feared he would. Environmentalists had asked him to do so while the National Marine Fisheries Service comes up with new rules to protect the endangered North Atlantic right whale.

Two days after the judge’s ruling, the Trump administration announced it had made a mini-trade deal with the European Union to remove tariffs on lobsters for the next five years.

“We’re on a roll,” said David Sullivan, representative for the Maine Lobstering Union, in a phone interview.

Paul Anderson, executive director of the Maine Center for Coastal Fisheries, said in an email those two developments were good news for lobstermen. They haven’t had much lately. The COVID-19 pandemic depressed lobster prices by shutting down restaurants, casinos and cruise ships.

“The overall market conditions for lobster are still in flux,” Anderson said. “But we’re still fishing, the shedders are now in the condition that they can be shipped, and domestic consumption and local processing are happening. The price is still low, but it ticked up a bit in Stonington this week.”

Read the full story at the Penobscot Bay Press

Judge won’t close offshore lobster area; grants NMFS more time for whale analysis

August 21, 2020 — A federal judge granted the National Marine Fisheries Service a May 31, 2021 deadline to produce new biological opinion on the Northeast lobster fishery and northern right whale, following up on his earlier ruling that the agency had violated the Endangered Species Act with a 2014 opinion.

But in his new decision issued Monday, U.S. District Court Judge James E. Boasberg granted NMFS the nine-month grace period it had requested, rather than a Jan. 31, 2021 deadline sought by environmental groups that had sued the agency.

Boasberg also decided against ordering an immediate halt to the use of vertical lines for lobster gear in an area traversed by right whales south of Martha’s Vineyard and Nantucket – a ‘Southern New England Restricted Area,’ about the size of Connecticut, proposed by plaintiffs including the Center for Biological Diversity and Conservation Law Foundation.

In a 31-page memorandum of opinion, the District of Columbia judge laid out his reasoning, and recognized the difficulties NMFS faces in resolving the right whale issues. But he included a stern warning to the agency and to make progress.

Read the full story at National Fisherman

Federal judge gives NOAA time to craft new whale rules

August 21, 2020 — A federal district court judge, in a decision issued on Aug. 19, gave the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS) nine more months to craft new rules to protect endangered right whales from entanglement in lobster fishing gear.

Judge James E. Boasberg also denied a request by conservation organizations for an immediate ban on lobster fishing in a vast area of the ocean south of Nantucket Island in Massachusetts.

In April, Boasberg ruled that NMFS violated the federal Endangered Species Act in 2014 when it adopted new rules governing the lobster fishery by failing to adequately consider the risk that endangered right whales could be seriously injured or killed if they become entangled in the vertical end lines that connect lobster traps on the sea floor to marker buoys on the surface. The judge vacated the NMFS “biological opinion” required by the Endangered Species Act, which supported continuation of the lobster fishery. Two weeks ago, the court heard arguments on what should be done to remedy the situation.

The conservation organizations that originally filed the lawsuit in 2018 asked the court to give NMFS a Jan. 31 deadline to adopt a new biological opinion and to order an immediate end to lobster fishing in a vast area of southern New England waters. NMFS and several intervenors representing various segments of the lobster industry in Maine and Massachusetts asked for the court to delay its order vacating the biological opinion until May 31, 2021.

Read the full story at The Ellsworth American

Judge: Lobstering can proceed until new right whale protections are finalized in May

August 20, 2020 — A federal judge refused to ban lobster fishing in a large right whale feeding ground south of Nantucket on Thursday, but warned federal regulators they would meet with considerable disfavor if they fail to meet a new May 2021 deadline to publish a final rule to protect this endangered species from deadly entanglement in lobster fishing gear.

The environmental groups suing the National Marine Fisheries Service said U.S. District Court Judge James Boasberg’s Thursday night ruling is important because it will force the federal government to move quickly to establish more right whale protections in the U.S. lobster industry. The groups claim federal regulators and lobstering states have been stalling.

“This order puts an end to that inaction, demanding that the government implement new protections that will help the right whale come back from the brink of extinction,” said attorney Jane Davenport of Defenders of Wildlife, one of the groups suing on behalf of the whale.

Read the full story at the Portland Press Herald

Right whales pose more problems for Maine lobster industry

August 10, 2020 — Last month, U.S. District Court Judge James Boasberg ruled that the National Marine Fisheries Service, a division of the National Oceanic and Atmospheric Administration, violated federal environmental protection laws several years ago when a “biological opinion” it issued failed to give adequate consideration to the risk the lobster fishery posed to endangered right whales. 

On Monday, the Maine lobster industry was back in federal court in Washington, D.C., as the judge began the hearing testimony on what remedies he should impose to bring the fisheries service, and the lobster fishery, into compliance with those laws. 

At risk for Maine fishermen is the continued use of lobster traps marked by vertical buoy lines. 

Read the full story at the Mount Desert Islander

MSC suspends Maine lobster fishery certification

August 4, 2020 — The Maine Certified Sustainable Lobster Association (MCLSA) has announced that the Marine Stewardship Council (MSC) certification for the Maine lobster fishery has been suspended due to a recent decision on a federal court case.

The case, the Center for Biological Diversity v. Ross, found that the National Marine Fisheries Service failed to include an “incidental take statement” for the highly endangered North Atlantic right whale. As a result, U.S. District Judge James Boasberg found that the U.S. lobster fishery is in violation of the Endangered Species Act.

Read the full story at Seafood Source

Lobstermen launch campaign to save Maine industry; new threats on the horizon

May 6, 2020 — The Maine Lobstermen’s Association is fighting a federal ruling that threatens the demise of the fleet, according to Patrice McCarron, executive director of the Maine Lobstermen’s Association.

In early April, Judge James Boasberg of the Federal District Court for Washington, D.C., ruled that NMFS violated the ESA in permitting the lobster fishery. The judge’s opinion states that “Congress enacted the ESA in 1973 to halt and reverse the trend toward species extinction, whatever the cost.”

“The MLA has launched a campaign to raise $500,000 to save Maine’s lobster industry,” McCarron said. The MLA is an intervenor in the court case and is the only organization in Maine that has been granted standing to participate in the case.

Whale entanglement data collected by NMFS show that no right whale deaths or serious injuries have ever been documented in Maine lobster gear. This is in stark contrast to the death of 10 right whales in Canada last year.

Read the full story at National Fisherman