Saving Seafood

Judge’s rejection of lobstering ban draws praise of industry, ire of environmentalists

October 18, 2021 — Lobster industry advocates and environmental groups offered starkly different reactions Sunday to a judge’s decision blocking a federal ban on lobstering in a section of the Gulf of Maine designed to protect the endangered right whale.

The ruling, by U.S. District Judge Lance Walker, said federal regulators relied on “markedly thin” analysis that didn’t provide hard proof of the whales’ presence in the roughly thousand-square-mile area off the Maine coast. Advocates for the lobster industry had asked for a stay of the three-month ban, arguing there wasn’t evidence that the critically endangered whales actually frequent the area.

Environmental groups accused Walker of relying on his own analysis of data rather than that of scientists. Lobstering advocates, on the other hand, praised the judge for offering a lifeline to the $1.4 billion industry, which is critical to Maine’s economy.

Read the full story and listen to the audio at the Portland Press Herald

 

Federal judge blocks lobster fishing ban in stretch of Gulf of Maine

October 18, 2021 — A federal judge in Maine on Saturday blocked a seasonal ban on traditional lobster fishing in a stretch of offshore waters in the Gulf of Maine that regulators say is needed to save the endangered North Atlantic right whale from extinction.

In his 28-page ruling, U.S. District Judge Lance Walker said regulators had relied on “markedly thin” statistical modeling instead of hard evidence to show the nearly thousand-square-mile area they had planned to close was really a hot spot for the imperiled whale.

While the area targeted for closure may be a viable habitat for the right whale, there is no hard proof the whales actually gather there, or even pass through that part of the Gulf of Maine, with enough frequency to render it a “hotspot,” Walker wrote.

The National Marine Fisheries Service had only just this year deployed acoustic devices along the Maine coast that can detect the presence of right whales through their song, Walker noted. When available, such evidence of a hot spot is preferable to statistical likelihoods.

Read the full story at the Portland Press Herald

 

ASMFC 2021 Fall Meeting Webinar Supplemental Materials Now Available

October 13, 2021 — The following was released by the Atlantic States Marine Fisheries Commission:

Supplemental materials for the Atlantic States Marine Fisheries Commission’s 2021 Fall Meeting Webinar are now available at http://www.asmfc.org/home/2021-fall-meeting-webinar for the following Boards/Committees (click on “Supplemental” following each relevant committee header to access the information). For ease of access, all supplemental meeting materials have been combined into one PDF – http://www.asmfc.org/files/Meetings/2021FallMeeting/2021FallMeetingSupplementalCombined.pdf.

Below is the list of documents included in the supplemental materials.

American Lobster Management Board – Memo on Update on Development of Draft Addendum XXVII

Atlantic Herring Management Board – Revised Agenda and Meeting Overview; Postponed Draft Addendum III

Tautog Management Board – Revised Agenda and Meeting Overview; Preliminary Tautog Risk and Uncertainty Report; Law Enforcement Committee Review of Commercial Tagging Program

Shad & River Herring Management Board – Revised Agenda and Meeting Overview; Technical Committee Recommendations on American Shad Habitat Plan Updates; Technical Committee Recommendations for Evaluating Bycatch Removals in Directed Mixed-stock Fisheries in State Waters; Update from U.S. Geological Survey Eastern Ecological Science Center on Alosine Science

Atlantic Menhaden Management Board – Revised Agenda and Meeting Overview; Plan Development Team Progress Report on Draft Addendum I to Amendment 3

Executive Committee – Draft Policy on (Guidelines for) Information Requests

Business Session – Draft 2022 Action Plan

Atlantic Striped Bass Management Board – Advisory Panel Comments on the Scope of Draft Amendment 7 Options; Draft Addendum VII to Amendment 6; Plan Development Team Memo on Quota Transfers; New Hampshire Comments on Quota Transfers

Horseshoe Crab Management Board – Horseshoe Crab Adaptive Resource Management Subcommittee & Delaware Bay Ecosystem Technical Committee Conference Call Summary; Fishery Management Plan Review for the 2020 Fishing Year

Spiny Dogfish Management Board – Revised Agenda and Meeting Overview

American Eel Management Board – Fishery Management Plan Review for the 2020 Fishing Year

ISFMP Policy Board – Harvest Control Rule for Bluefish, Summer Flounder, Scup, and Black Sea Bass(including Comparison of Options, HCR Infographs, and Peer Review Report of Recreational Fishery Models); Executive Committee Memo on Tasks to address Concerns with Conservation Equivalency

Webinar Information
Board meeting proceedings will be broadcast daily via webinar beginning Monday, October 18 at 9 a.m. and continuing daily until the conclusion of the meeting (expected to be 4:45 p.m.) on Thursday, October 21. The webinar will allow registrants to listen to board deliberations and view presentations and motions as they occur. To register for the webinar go to https://attendee.gotowebinar.com/register/180425878123839504 (Webinar ID: 349-122-851).

Each day, the webinar will begin 30 minutes prior to the start of the first meeting so that people can troubleshoot any connectivity or audio issues they may encounter.  If you are having issues with the webinar (connecting to or audio related issues), please contact Chris Jacobs at 703.842.0790.

If you are joining the webinar but will not be using VoIP, you can also call in at  914.614.3221, access code 580-881-020. A PIN will be provided to you after joining the webinar; see webinar instructions for details on how to receive the PIN.

Public Comment Guidelines
With the intent of developing policies in the Commission’s procedures for public participation that result in a fair opportunity for public input, the ISFMP Policy Board has approved the following guidelines for use at management board meetings:

For issues that are not on the agenda, management boards will continue to provide opportunity to the public to bring matters of concern to the board’s attention at the start of each board meeting. Board chairs will ask members of the public to raise their hands to let the chair know they would like to speak. Depending upon the number of commenters, the board chair will decide how to allocate the available time on the agenda (typically 10 minutes) to the number of people who want to speak.

For topics that are on the agenda, but have not gone out for public comment, board chairs will provide limited opportunity for comment, taking into account the time allotted on the agenda for the topic. Chairs will have flexibility in deciding how to allocate comment opportunities; this could include hearing one comment in favor and one in opposition until the chair is satisfied further comment will not provide additional insight to the board.

For agenda action items that have already gone out for public comment, it is the Policy Board’s intent to end the occasional practice of allowing extensive and lengthy public comments. Currently, board chairs have the discretion to decide what public comment to allow in these circumstances.

In addition, the following timeline has been established for the submission of written comment for issues for which the Commission has NOT established a specific public comment period (i.e., in response to proposed management action).

  1. Comments received 3 weeks prior to the start of the meeting (September 27) will be included in the briefing materials.
  2. Comments received by 5 PM on Tuesday, October 5 will be included in the supplemental materials.
  3. Comments received by 10 AM on Friday, October 15 will be distributed electronically to Commissioners/Board members prior to the meeting.

The submitted comments must clearly indicate the commenter’s expectation from the ASMFC staff regarding distribution.  As with other public comment, it will be accepted via mail, fax, and email.

 

Maine Lobstermen’s Association: Maine lobstermen frustrated by whale rules

October 7, 2021 — On Aug.31, the National Marine Fisheries Service released the long-awaited final rule which outlines measures for the Northeast lobster fishery to reduce the risk of entangling right whales by 60 percent. The Maine Lobstermen’s Association is committed to action to recover the North Atlantic right whale, but the species cannot rebuild without a conservation plan supported by scientific evidence and comparable measures implemented in Canada and the U.S. shipping industry. The MLA remains extremely concerned that NMFS is placing an unwarranted burden on the Maine lobster fishery.

The U.S. lobster fishery implemented new regulations more than a decade ago which have reduced known right whale entanglement in U.S. lobster gear by 90 percent.

“According to NMFS data, the Maine lobster fishery has not had a documented entanglement with a North Atlantic right whale in over 17 years and has never been known to kill or seriously injure a right whale,” said Patrice McCarron, executive director of the MLA.

By comparison, an historic number of right whales have died in Canadian waters over the past five years, and Canada has yet to implement protections comparable to the U.S. Moreover, the most current, best available scientific evidence documents a change in right whale migration patterns away from Maine waters and into Canada and other areas.

Read the full article at National Fisherman

 

Legal challenges hanging over federal right whale protections

October 7, 2021 — Later this month, a stretch of federal waters off the coast of Maine will become temporarily off-limits for lobster fishing.

The seasonal closure is part of a new set of regulations aimed at protecting the endangered right whale population.

According to the National Oceanic and Atmospheric Administration, there are fewer than 370 right whales left in the world.

The marine mammals are native to Maine waters, traveling between coastal Nova Scotia and New England to feed and breed.

Research shows as many as four out of every five right whales show signs of injury from fishing line entanglement.

Along with the seasonal closure of some federal waters, the new regulations also limit the use of fixed-line lobster traps.

Read the full story at WABI

 

Maine lobster fishery has key sustainability label reinstated

October 4, 2021 — The Gulf of Maine lobster fishery has had a key sustainability label reinstated a year after it was suspended following the publication of a controversial set of new rules designed to protect the critically endangered North Atlantic right whale.

The American division of the Marine Resources Assessment Group announced last week that the Gulf of Maine lobster fishery is once again certified sustainable by the Marine Stewardship Council. The certification is retroactive to Sept. 1.

That means wholesalers and retailers who sell U.S.-landed Gulf of Maine lobster can again use the council’s trademarked “eco-label” of a blue-and-white fish that signals to buyers that the product is sustainable, meaning it is not overfished, that the fishery is well managed and does not harm another overfished or endangered species.

The council’s certification is considered the gold standard of sustainable seafood, embraced by high-volume lobster buyers such as Whole Foods, Hilton, Royal Caribbean and Walmart.

Marianne LaCroix, executive director of the Maine Lobster Marketing Collaborative, said she was pleased with the reinstatement of the fishery’s Marine Stewardship Council certification, “but it hasn’t changed what we’ve always known – Maine lobster harvesting practices are among the most sustainable in the world.” 

Still, it can be a useful tool for customers who rely on such third-party sustainability marks to aid their purchasing decisions, she said.

Read the full story from Hannah LaClaire at Portland Press Herald

 

Gulf of Maine lobster MSC suspension lifted

October 1, 2021 — MRAG Americas has announced the Marine Stewardship Council (MSC) certificate has been reinstated for the Gulf of Maine lobster fishery effective 1 September, 2021, following its suspension in 2020.

The MSC certification was suspended in August 2020 in the wake of a decision in a federal court that found that the lobster fishery was in violation of the Endangered Species Act. That ruling by U.S. District Judge James Boasberg in April 2020 found the National Marine Fisheries Service failed to include an “incidental take statement” for the highly endangered North Atlantic right whale.

Read the full story at SeafoodSource

 

Chinese media claiming origins of COVID-19 pandemic stem from Maine lobster company

October 1, 2021 — Reports appearing across China’s tightly controlled media are suggesting COVID-19 first arrived in the country in 2019 via a shipment of lobster from the U.S. state of Maine.

“In November 2019, a shipment of frozen Maine [lobster] arrived in Wuhan and shortly afterwards several people working in the market fell very ill with a strange pneumonia,” noted an article published this week in the New Observer, a state-owned periodical.

Read the full story at SeafoodSource

 

Maine Legislature threatens legal action over federal lobstering restrictions

September 30, 2021 — The Maine Legislature is threatening to fight the federal government in court over a set of controversial new seasonal restrictions on lobster harvesting in the Gulf of Maine.

Legislators on Wednesday approved a joint order from Senate President Troy Jackson, D-Allagash, that would allow the Legislative Council to take legal action in support of Maine lobstermen affected by the regulations.

Last month, the National Oceanic and Atmospheric Administration released a new set of rules for New England’s lobster fishery aimed at reducing the risk to critically endangered North Atlantic right whales and other whale species.

The goal is to reduce the risk to the whales by at least 60 percent in 2022.

The new rules will require lobstermen to string more traps on a single rope and to use weaker ropes to allow entangled whales to break free, among other changes, and will put more than 950 square miles of the Gulf of Maine off limits to traditional lobstering from October through January – the area’s most lucrative season.

Lobstermen say the new regulations will be expensive, dangerous, burdensome and impractical, and won’t reduce the risk to whales.

“The latest rules imposed by the federal government will do nothing to help the endangered species they were designed to protect while having damning consequences on hardworking Mainers and their families,” Jackson said in a statement. “… The Maine Legislature will not sit idly by while this iconic industry is under threat. We are ready to take legal action to right this wrong and support the hardworking men and women in the lobstering industry.”

Read the full story at the Portland Press Herald

 

Maine Gov. Janet Mills Calls on Commerce Secretary to Delay Implementation of Gear Marking & Modification in Right Whale Rule

September 27, 2021 — The following was released by the Office of Maine Governor Janet Mills:

In a letter today to Secretary of Commerce Gina Raimondo, Governor Janet Mills urged swift action by NOAA Fisheries to reduce the unnecessary economic harm to Maine fishermen that the recently announced Federal whale protection rule will cause.

“I don’t believe this rule, as written, should take effect at all, and, at the very least, I urge you to direct NOAA Fisheries to delay the rule’s implementation of gear marking and gear modifications (including both trawling up and insertion of weak points) to July 1, 2022,” wrote Governor Mills.

“It is entirely unfair that Maine lobstermen continue to be the primary target of burdensome regulations, despite the many effective mitigation measures they have taken and despite the data showing that ship strikes and Canadian fishing gear continue to pose significant risk to right whales,” she wrote.

On August 31, 2021, the National Marine Fisheries Service’s (NMFS) issued the Atlantic Large Whale Take Reduction Rule. In response, Governor Mills joined U.S. Senators Susan Collins and Angus King and U.S. Representatives Chellie Pingree and Jared Golden is opposing the rule.

In her letter today, Governor Mills highlighted gear marking requirements that are “alarmingly different than what was in the proposed rule.” Maine implemented a state-specific gear marking regulation in 2020 that provided flexibility to fishermen who move gear from offshore to inshore waters. After communicating with NOAA, Maine anticipated it would be reflected in the final rule. Instead, the final rule will require many fishermen to “purchase a second set of endlines,” wrote Governor Mills. She pointed out that the cost to fishermen for a second set of endlines is estimated to be over $9 million.

Revenue loss associated with the May 1, 2022 implementation deadline for required gear marking and modification will also unfairly burden Maine fishermen. “Fishermen who fish year-round usually do not begin to rotate their gear inshore until May. However, in order to meet the rule’s new requirements, fishermen anticipate a month or more of gear work to become compliant. Due to the NOAA deadline, gear will need to be brought back to port in March or April, when the price of lobster is very high,” wrote Governor Mills.

The expected loss from the implementation date, which was established without input from industry, is between $15 million and $25 million.

Governor Mills has repeatedly stood up for Maine’s vital lobster industry and its working men and women in the face of the Federal government’s right whale proposal. Last year, she wrote to the Commerce Department urging it to deny a petition by Pew Charitable Trusts that asks for three seasonal offshore closures in the Gulf of Maine and that would prohibit the use of vertical lines in the American lobster and Jonah crab fisheries in four areas of the New England coast.

She also filed comments with the National Oceanic and Atmospheric Administration (NOAA) on the draft Biological Opinion for ten fishery management plans in the Greater Atlantic Region, focusing on the North Atlantic Right Whale, expressing “grave concern” and warning it will be economically devastating and will fundamentally change Maine’s lobster fishery.

Her Administration, through the Maine Department of Marine Resources, also plans to file for intervenor status in the pending litigation Center for Biological Diversity v. Ross in the U.S. District Court in the D.C. Circuit in an effort to avoid having the court vacate the biological opinion (BiOp). If the biological opinion is vacated by the court, the potential outcome is a closure of the entire fishery. The Governor is supporting the effort by funding the use of specialized outside counsel through the Governor’s Contingent Account.

A copy of the letter is attached (PDF).