Saving Seafood

Opinion on The Maine Lobstermen Decision and Recent Federal Fisheries Actions

September 8, 2026 — The following opinion was published by Samuel Blatchley:

Three years ago the D.C. Circuit told the National Marine Fisheries Service it could not build a biological opinion on worst-case assumptions. Last week the agency wrote that principle into its own priorities.

In Maine Lobstermen’s Ass’n v. National Marine Fisheries Service, 70 F.4th 582 (D.C. Cir. 2023), the court held that the Service may not, when faced with uncertainty, give the benefit of the doubt to an endangered species by relying on worst-case scenarios or pessimistic assumptions. The ESA calls for an empirical judgment about what is likely. The effects of an action are those reasonably certain to occur, found on clear and substantial information. Projections the agency itself concedes are very likely wrong do not meet that standard. The court reversed, directed judgment for the lobstermen, and ordered the biological opinion vacated as applied to the lobster and Jonah crab fisheries. I was on the case for the Massachusetts Lobstermen’s Association, alongside the Maine Lobstermen’s Association, the State of Maine, and Lodge 207. Our clients were facing regulations that would have taken jobs and boats out of the water.

Two things happened last week that build on it.

On September 1 the House passed H.R. 9436, the Northeast Lobsterman Protection Act, 219 to 196, extending the current regulatory pause for the lobster and Jonah crab fisheries from 2028 to 2035. The Administration issued a statement strongly supporting passage. It now goes to the Senate.

On September 2 NOAA Fisheries issued its agency-level priorities. On the Northeast lobster fishery, the agency states it will not mandate ropeless gear, that any decision support tools or models used by the Take Reduction Team must be independently and empirically reviewed, and that any future Atlantic Large Whale Take Reduction Plan will rest on best available data rather than worst-case scenario modeling.

That last clause applies the principle the court enforced in 2023, and returns the agency to the position it had taken itself in 2019 before the biological opinion abandoned it.

Worth keeping the distinction clear. The bill would change a statute. The priorities document is a policy statement that amends nothing and can be withdrawn. What lasts is the record. The Take Reduction Team is building the file the next rule will stand on, and how its models get vetted will matter long after the announcement does.

Common sense science is not a slogan. It is what the statute already required, and what it took a court to enforce. The Senate should pass H.R. 9436, and the agency should be held to the standard it has now stated, so the next rule protects both the whale and the communities that fish alongside it.

#FisheriesLaw #Lobster #EndangeredSpeciesAct #RightWhale #AdministrativeLaw

Samuel P. Blatchley is a maritime, fisheries, and insurance attorney and Proctor in Admiralty at Eckland & Blando LLP, where he represents vessel owners, commercial fishermen, marine businesses, insurers, and industry organizations in complex litigation, regulatory matters, marine casualties, coverage disputes, and commercial disputes throughout the United States. His practice includes federal admiralty litigation, fisheries and environmental regulation, marine insurance, limitation of liability, vessel arrests and maritime liens, and matters involving NOAA Fisheries and other federal and state agencies. He has represented fishing-industry interests in significant state and federal litigation, including the D.C. Circuit challenge to NOAA Fisheries’ North Atlantic right whale regulations on behalf of the Massachusetts Lobstermen’s Association. Blatchley is admitted to practice in Massachusetts, Rhode Island, Maine, and New York and is a graduate of Tulane University Law School, where he earned a Maritime Law Certificate and served on the Tulane Maritime Law Journal.

House passes bill extending right whale regulatory pause

September 2, 2026 — The U.S. House of Representatives has passed H.R. 9436, legislation that would extend the current pause on new North Atlantic right whale regulations affecting the lobster and Jonah crab fisheries through 2035.

The Northeast Lobsterman Protection Act of 2026 passed the House on Sept. 1 by a 219-196 vote. The bill would extend the existing regulatory pause from its current expiration at the end of 2028 to Dec. 31, 2035.

The legislation has drawn support from Northeast commercial fishing organizations, which argue additional time is needed for ongoing research and technology development to inform future whale regulations. Conservation groups, meanwhile, say the extension would delay measures they believe are necessary to reduce the risk of serious injury and mortality to the critically endangered North Atlantic right whale.

The New England Fishermen’s Stewardship Association (NEFSA), which urged lawmakers to pass the measure ahead of the House vote, welcomed its passage.

“The New England Fishermen’s Stewardship Association strongly supports passage of H.R. 9436,” Jason Joyce, NEFSA’s director of advocacy, said in a statement provided to National Fisherman.

Read the full article at National Fisherman

House to take up bill extending right whale regulatory pause to 2035

August 31, 2026 — A bill that would extend the current pause on the new North Atlantic right whale regulations affecting the lobster and Jonah crab fisheries until 2035 is moving toward a vote in the U.S. House, with fishing industry groups renewing calls for lawmakers to pass the measure.

H.R. 9436, the Northeast Lobsterman Protection Act, would extend the existing regulator pause from its current 2028 expiration to 2035. The legislation was introduced by Rep. Mike Lawler, R-New York, and Rep. Jared Golden, D-Maine.

As National Fisherman reported in July, the House Natural Resources Committee advanced the bill in a bipartisan 22-13 vote on July 15. The committee has since formally reported the legislation, and it is moving toward consideration by the full House.

The New England Fishermen’s Stewardship Association (NEFSA), one of several commercial fishing organizations supporting the extension, sent a letter to Congress ahead of the expected House consideration urging lawmakers to pass the bill.

“As H.R. 9436 comes before the full House, we respectfully ask you to support its passage and to help ensure that this bipartisan committee-supported legislation moves forward without delay,” NEFSA Vice President John Drouin wrote to Congress.

Read the full article at National Fisherman

Are offshore wind turbines changing Jonah crab behavior?

July 29, 2026 — Researchers at the University of Rhode Island (URI) are studying whether offshore wind turbines are changing the movement and feeding behavior of Jonah crabs, work they say could have implications for fisheries management and future offshore wind development.

According to ecoRI, first-year URI Ph.D. student Emmanuel Oyewole is using isotopic analysis to determine whether Jonah crabs found around offshore wind turbines are migrating from traditional fishing grounds or spending their entire lives at turbine sites. The research is being conducted with Kelton McMahon, an associate professor of oceanography at URI.

“It’s really, really important for understanding the impact of these wind farms on biodiversity, on ecosystem structure and function, and on fisheries production,” McMahon told ecoRI.

The study builds on years of research showing that offshore wind turbine foundations can act as artificial reefs, supporting algae, coral and other marine life that create habitat for a range of species.

Read the full article at the National Fisherman

URI Studying Jonah Crabs to Learn about Offshore Wind Turbines’ Effect on Underwater Ecosystems

July 28, 2026 — Since the first offshore wind project was developed in Rhode Island in 2016, University of Rhode Island researchers have been attempting to understand their impacts on local marine ecosystems. That work is continuing with first-year URI Ph.D. student Emmanuel Oyewole’s study of the artificial reefs that are often found at the base of turbines.

It’s been established through research surrounding offshore wind that the base of turbines serves as a foundation for algae and coral, which acts as a base for a booming ecosystem

In an attempt to find the cause of this blossoming of aquatic activity, Oyewole is studying the movement and dietary habits of one special creature found at the base of offshore wind turbines: Jonah crabs. He’s working with his academic advisor, Kelton McMahon, an associate professor of oceanography.

“It’s really, really important for understanding the impact of these wind farms on biodiversity, on ecosystem structure and function, and on fisheries production,” McMahon said.

Jonah crabs were often overlooked by Rhode Island commercial fishermen and were thrown away when caught in lobster traps, according to Oyewole, but as the local lobster population has declined due to overfishing and warming waters, the Jonah crab population has become a viable source of income.

Oyewole said Jonah crabs have seen an increase in market value and about 70% to 85% of all Jonah crab stock is from the Rhode Island area. Jonah crab fishing doesn’t require new equipment or infrastructure; lobster boats can use the same lobster cages to catch the crabs. Although the market for Jonah crabs is new and growing, understanding the impacts of offshore wind is important in understanding the future of the market.

“If [the turbines] are aggregating different biomasses from different areas, that means that you’re having a lot of stock like Jonah crab stock coming from fishable areas to that particular area, which is less fishable,” Oyewole said.

Read the full article at ecoRI

Offshore wind turbines create home for Jonah crabs in New England as lobster population declines

July 16, 2026 — From the docks at the Port of Galilee in Narragansett, fishermen are selling lobster, but they’re also selling Jonah crab, a crustacean that’s been making itself at home near offshore wind turbines.

Historically, Jonah crabs that were caught in lobster traps were thrown back out to sea, but things started to change in the early 2010s when fishermen started targeting the species. The National Oceanic and Atmospheric Administration attributes the shift to a decline in lobsters in Southern New England waters.

The Atlantic States Marine Fisheries Commission estimated there were roughly 50 million lobsters in this area in 1998. Fast forward to 2022, and the population dropped to less than 10 million.

“Environmental conditions in the American lobster’s range are changing at some of the fastest rates in the world,” the Commission wrote on its website. “The 2025 Assessment indicates the [Southern New England] stock is significantly depleted and overfishing is not occurring.”

Read the full article at WPRI

First Circuit likely to save the whales despite lobstermen’s complaints

December 3, 2024 — An epic sea battle unfolded at the First Circuit Tuesday as Massachusetts fishermen tried to harpoon federal regulations that protect the North Atlantic right whale. But it appeared the judges were on the whales’ side and, as in “Moby Dick,” the fishermen may end up shipwrecked.

At issue is a federal rule that limits lobster and Jonah crab fisheries’ use of buoy lines, which can entangle and kill whales.

The fishermen’s lawyer, Daniel Cragg, told the judges that the rule resulted from Congress making a “drafting failure,” but the judges seemed incredulous.

“As between ‘Congress didn’t know what it was doing’ and ‘Congress did something that makes sense,’ it seems like making sense is the better option,” U.S. Circuit Judge Seth Aframe commented dryly during oral arguments.

For centuries right whales, which average 50 feet long and 50 to 75 tons, were targeted by whalers due to their docile nature and high blubber content. By 1937, when hunting them was banned worldwide, there were only about 100 left. The species rebounded a little, but in 1970 they were listed as endangered and the population today is estimated to be around 350.

Read the full story at Courthouse News Service

Protect the North Atlantic right whales: are you ready for the deadline?

April 22, 2022 — Northeast lobster and Jonah crab fishermen have until May 1, 2022, to make the necessary gear modifications to help protect North Atlantic right whales. Are you ready?

Announced last fall, the final rule to implement new measures to protect North Atlantic right whales is fast approaching. As compliance assistance is in place to support fishermen changing gear to protect right whales, the National Marine Fisheries Service Greater Atlantic regional administrator Michael Pentony says “these regulations are critical to protecting the endangered North Atlantic right whale and keeping this valuable and important fishery open for business.”

In a “leadership message” April 20, Michael Pentony said “most participants in the Northeast lobster and Jonah crab fishery are nearly finished with the needed gear modifications and ready for the deadline. However, unanticipated supply chain delays are preventing some of the fleet from fully coming into compliance.”

“I want to assure fishermen who are making good faith efforts to comply with these new measures but are not able to procure compliant gear that we understand the difficulty of their situation,” Pentony added. “We are working closely with our state and federal enforcement partners to implement a graduated enforcement effort that will focus on compliance assistance rather than civil penalties until we have determined that localized supply chain issues have been sufficiently resolved.”

Read the full story at National Fisherman

NOAA delays enforcement of new lobster gear rules aimed at protecting right whales

April 21, 2022 — Enforcement of the new lobster gear regulations aimed at protecting the critically endangered North Atlantic right whale will be delayed because supply chain issues have made it too difficult for lobstermen to comply.

The National Oceanic and Atmospheric Administration said on Wednesday that it will use a “graduated enforcement effort” from when the rules take effect on May 1 until the supply issues have been resolved.

The regulations require lobstermen to splice NOAA-approved weak rope or weak plastic links into the lines they use to connect buoys to traps on the ocean floor. But the approved gear has been in short supply as manufacturers struggle to produce enough to outfit the Northeast lobster and Jonah crab fishing fleets. The regulations are intended to prevent whales from becoming entangled in fishing gear, which can result in injuries and death. There are fewer than 350 North Atlantic right whales, according to NOAA.

“MLA is relieved that NOAA has finally listened to lobstermen, the state, and our congressional delegation, that despite lobstermen’s best efforts, lobstermen are unable to meet the deadline,” said Patrice McCarron, executive director of the Maine Lobstermen’s Association. “Some have complied and had products recalled, others have complied and had devices fail, and many more have not been able to secure the materials they need.”

Read the full story at the Portland Press Herald

Vessel tracking to start in 2023

April 7, 2022 — All lobster and Jonah crab fishermen in federal waters will soon need electronic tracking devices on their vessels while fishing there.

On March 31, the Atlantic States Marine Fisheries Commission (ASMFC) approved addendums to the Interstate Fishery Management Plan for American Lobster and the Jonah Crab, to take effect in 2023.

First, National Oceanic and Atmospheric Administration (NOAA) Fisheries must implement the new requirement through the federal rulemaking process.

The new requirement, in Addendum XXIX to the American Lobster Management Plan and Addendum IV to the Jonah Crab Management Plan, is aimed at collecting high-resolution, spatial and temporal data to help manage the fisheries, by tracking the location of vessels minute by minute for up to 90 percent of the vessel’s time in the water.

Read the full story at The Ellsworth American