Saving Seafood

Judge says NMFS right whale plan still not enough

July 11, 2022 — The latest rules to reduce right whale deaths from lobster and crab gear still don’t go far enough in reducing potential mortality, according to a federal judge who has called for a new hearing to decide on remedies.

In an opinion issued Friday in Washington, D.C., U.S. District Court Judge James E. Boasberg ruled in favor of a key complaint from environmental groups who want the National Marine Fisheries Service to do more to reduce whale entanglements with vertical lines used in East Coast trap fisheries.

Now an extremely endangered species – with a population that plunged from around 481 animals in 2011 to an estimated 345 – the north Atlantic right whale is at risk from ship strikes and fishing gear entanglement. The gear issue has been subject to litigation in Boasberg’s court since 2018.

A new complaint brought by the Center for Biological Diversity, Conservation Law Foundation and Defenders of Wildlife alleged that NMFS’ own projections show that the right whale population would still lose animals to gear entanglement at a rate that would continue the path to extinction.

The plaintiff environmental groups, who have long pushed for more dramatic action from the government, praised Boasberg’s latest opinion.

The Maine Lobstermen’s Association – named as a defendant along with the Department of Commerce and NMFS – called the ruling “a mixed bag” and took heart in Boasberg’s intention to seek remedies short of shutting the fishery.

The lobstermen’s association also noted the judge’s acknowledgement that NMFS could find “that projected take [of endangered whales] is in fact lower than originally estimated.”

Read the full story National Fisherman

Weak protection for vanishing whales violates law, judge says

July 11, 2022 — The federal government hasn’t done enough to protect a rare species of whale from lethal entanglement in lobster fishing gear, and new rules are needed to protect the species from extinction, a judge has ruled.

The government has violated both the Endangered Species Act and the Marine Mammal Protection Act by failing to protect the North Atlantic right whale, U.S. District Judge James Boasberg ruled on Friday. The whales number less than 340 in the world and have been declining rapidly in population in recent years.

The ruling came after a group of environmental organizations sued the federal government with a complaint that it wasn’t doing enough to save whales from lobster gear. Boasberg’s ruling validates that claim, said Kristen Monsell, an attorney for the Center for Biological Diversity, one of the groups that sued.

The Maine Lobstermen’s Association, the largest fishing trade group on the East Coast, said in a statement that it was still reviewing the ruling. The association also pointed to a section of Boasberg’s ruling that said the National Marine Fisheries Service “may find that other measures exist to reduce lethal take, or that projected take is in fact lower than originally estimated.” That renders the ruling “a mixed bag,” the association said.

The whales were once numerous, but they were decimated during the commercial whaling era. Some scientists have said warming ocean temperatures are causing them to stray from protected areas in search of food, and that has left them more vulnerable to collisions and entanglement.

Read the full story at Associated Press

Maine lobster industry wary as warm waters suggest repeat of disastrous 2012 season

February 4, 2016 — For those in the lobster industry, any sign of a return to the conditions of 2012 is cause for high anxiety.

Researchers say the industry needs to be prepared for that possibility because warming trends are laying the groundwork for a potential repeat of the disastrous season of four years ago.

“We learned a hard lesson in 2012,” said Patrice McCarron, executive director of the Maine Lobstermen’s Association.

Because of warm waters in the Gulf of Maine, peak harvesting started in May that year, weeks ahead of schedule. The catch jumped more than 20 percent, from 104 million pounds in 2011 to 127 million pounds in 2012. The shedding season, when lobsters lose their hard shells and grow new ones, typically happens in June and results in soft-shelled lobsters that are difficult to transport. In 2012, shedding began almost as soon as the lobstermen started pulling in traps, and extended into the fall.

As a result, prices paid to lobstermen fell to as low as $2 a pound.

Andrew Pershing, chief scientific officer at the Gulf of Maine Research Institute in Portland, said Thursday that the stage is set for a possible repeat of 2012, at least weather-wise.

Pershing said five buoys that measure water temperatures around the gulf are all running above average, and three are at record highs.

“The average surface temperature across the entire Gulf of Maine is now slightly warmer than during the 2012 ocean heat wave,” Pershing said.

Read the full story at Portland Press Herald

Bill to Expand Lobster Sales Adopted by Massachusetts State Senate

January 28, 2016 — BOSTON — The following was released by the Office of State Senator Bruce Tarr:

The State Senate today adopted a bill which updates Massachusetts’ lobster laws to permit the processing, sale, and transportation of cooked and frozen in-shell lobster parts.

Senate Minority Leader Bruce Tarr (R- Gloucester) sponsored the measure to end prohibitions on in-state sales and processing of lobster parts to accommodate the growing interest of consumers.  The bill, supported by the Massachusetts lobster industry, is expected to cause an expansion of lobster processed in state and a reduction in lobster diversions to Canadian processors. 

“This bill will allow more American lobsters currently being harvested and purchased here and subsequently processed in Canada, to be prepared for market in Massachusetts,” said Tarr. “The net effect of modernizing the law will bolster local economic activity for lobstermen, processors, and local restaurants and food stores.”

Tarr expressed appreciation for coastal Senators Mark Montigny (D- New Bedford),Vinny deMacedo (R- Plymouth), Daniel Wolf (D-Harwich) and Michael Rodrigues (D-Westport) for their efforts to strengthen the industry and in championing the bill.

“The time has come to eliminate such outdated restrictions on lobster processing and sales in the Commonwealth.  Easing constraints on processing operations will allow a thriving industry to further invest in our local economy through expanding operations and creating new jobs.  I commend Senator Tarr’s leadership as the sponsor of this bill and am proud to have partnered with him in seeing this through to passage.  It is my hope the House will quickly follow the Senate’s lead to have a bill on the Governor’s desk as soon as possible.” said Senator Montigny.

“I am thrilled that the Senate has taken steps to bring this bill forward with a unanimous vote and I know that the lobstermen will be pleased with the advancements that we’ve made,” said Senator deMacedo.

The lobster industry is a critical part of the Commonwealth’s economy and heritage with more than 900 licensed lobstermen.  A similar law in Maine has boosted Maine’s economy, produced local outlets for product sales, and created jobs in the state.

“The action of the Senate today helps consumers, suppliers and lobstermen, I expect that we will see an economic boost for the lobstermen in my district and in other coastal communities in the state as well,” said Senator Rodrigues.

 “Our historic lobster industry deserves the opportunity to be more creative and flexible in how they market and sell their popular product,” said Cape and Islands Senator Wolf. “This legislation is a huge help in that regard, and will create economic benefits that will ripple through our coastal communities.”

While the sale of live, cooked, and canned lobster is legal in the state, the legislation expands the industry market with the inclusion of other lobster products. The Senate bill allows Department of Public Health licensed wholesale dealers to process unfrozen lobsters, authorizes the importation of unfrozen shell-on lobster parts and tails, and it allows for the retail of previously frozen raw in-shell tails.

The Massachusetts Division of Marine Fisheries will be responsible for maintaining essential regulations including enforcing minimum lobster shell size standards and processing standards. The lobster fishery adheres to stringent state regulations including trap limits and the release of live juveniles.

The bill now moves to the House for further consideration.