Saving Seafood

NOAA appeals restraining order that kept offshore closure open

November 2, 2021 — The National Oceanic and Atmospheric Administration has appealed a Maine judge’s order from last month that allowed traditional lobstering to continue in an area of offshore fishing grounds in the Gulf of Maine.  

Two days before 967 square miles of fishing ground was supposed to be closed to lobstering to protect the endangered North Atlantic right whale, Maine U.S. District Court Judge Lance Walker granted the Maine Lobstering Union, Stonington-based Damon Family Lobster Co., and a Vinalhaven lobster dealer a temporary restraining order that allowed fishing in the planned closed area.  

Last week, the federal government, who had come up with the rules, appealed that restraining order, arguing that the Trenton-based union, Damon Family Lobster Co., and the third plaintiff had “utterly failed” to meet the burden needed to necessitate the halt of the closure.  

NOAA argued that the union and lobster dealers did not provide any evidence of irreparable harm and said that the National Marine Fisheries Service complied with the law and rationally based its decision on the best available science.  

Read the full story at the Mount Desert Islander

 

Right whale population drops to lowest estimate in nearly 20 years

November 2, 2021 — Researchers last week said the North Atlantic right whale population dropped to 336 in 2020, an 8 percent decrease from the previous year. 

The latest population figure for the critically endangered species dipped from 366 individuals in 2019 and is the lowest population estimate in nearly 20 years, according to the North Atlantic Right Whale Consortium. The organization has been studying right whales since the 1980s and announced the estimate at its annual meeting last week.   

“We are obviously discouraged by this estimate, but quite frankly, not surprised,” said Heather Pettis, an associate scientist in the New England Aquarium’s Anderson Cabot Center for Ocean Life and the executive administrator for the consortium. “The right whale research and conservation communities know that while widespread efforts to change the trajectory of the species have been undertaken, they have not been enough.” 

The species, which migrates up and down the east coast, was generally rebounding until 2011, when the downward trend started. That prompted new regulations on Maine’s lobstermen and other fisheries. At that time, there were an estimated 481 whales, but since then the population has declined by 30 percent.  

Read the full story at the Mount Desert Islander

Maine research institutions receive more than $660K to study the American lobster

November 1, 2021 — Maine Sea Grant staff and Maine-based researchers will advance a multimillion-dollar NOAA Sea Grant American Lobster Initiative, which announced its third round of funding.

Six newly funded research projects, three of which are led by Maine-based researchers, will address critical gaps in knowledge about how the American lobster (Homarus americanus) is being impacted by environmental change in the Gulf of Maine, Georges Bank and southern New England. The focus of this work is based on specific language in Sea Grant’s fiscal year 2021 appropriations language.

One of the most iconic modern American fisheries, the American lobster also represents one of the largest and most valuable single species fisheries along the Atlantic coast. In 2020, the landings value of the American lobster fishery was estimated at $524.5 million in the United States, according to NOAA Fisheries, of which the Maine fishery accounted for an estimated $408 million. Within Maine, lobsters make up roughly 80 percent of the landings value of all fisheries combined. However, ecosystem shifts, food web changes and ocean acidification all present threats to the American lobster fishery.

Read the full story at the Bangor Daily News

 

Electronic tracking requirement for lobstermen in pipeline

October 29, 2021 — The Atlantic State Marine Fisheries Commission could consider final approval of an electronic tracking requirement for lobstermen in federal waters as early as spring 2022, officials said last week.

The commission’s American Lobster Management Board went over a potential timeline for the action at its fall meeting and staff said that a draft of the requirement could be ready for public comment by December.

The board initiated the idea to collect spatial and effort data from lobster and Jonah crab fishermen.

The potential data could help address challenges with stock assessments, interactions with protected species and offshore enforcement. It could also be crucial to help record exactly how much space the U.S. lobster fishery covers, as officials look at the expanded use of aquaculture, protected marine areas and offshore wind energy.

Read the full story at the Ellsworth American

 

Maine lobstermen celebrate, conservationists criticize ruling on fishery closure

October 20, 2021 –Maine lobstermen will not have to stop fishing in an area slated to be off-limits from October through January.

A federal judge granted temporary relief to the Maine Lobstering Union Saturday.

The group sued in an effort to block the seasonal closure of the roughly 1,000-square-mile area.

Federal officials argued the closure is necessary to help protect endangered North Atlantic right whales from extinction.

“You’re not going to save a whale by closing down I-95 and we feel like that’s the same implication,” said Virginia Olsen of the Maine Lobstering Union.

The rules issued by the National Oceanic and Atmospheric Administration through the National Marine Fisheries Service are part of a 10-year plan to reduce the risk of right whales getting tangled in lobster fishing ropes and dying.

The Maine Lobstermen’s Association filed a lawsuit in September to challenge the protections which, they argue, will “eliminate” the Maine lobster fishery.

Read the full story at WMUR

 

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