Saving Seafood

Right whales: Lawsuit on protections could last for months

April 27, 2020 — A judge’s ruling that the federal government didn’t take adequate steps to protect endangered whales will probably result in another monthslong court battle, parties to the lawsuit said.

Environmental groups sued the U.S. government with a claim that regulators’ failure to protect the North Atlantic right whale from harm was a violation of the Endangered Species Act, and U.S. District Judge James Boasberg ruled April 9 that they were right. The right whales number only about 400 and are in the midst of a worrisome decline in population.

The government, environmentalists and industry members who are involved in the lawsuit must still return to court to determine a remedy. Boasberg ruled that the risk posed to the whales by the lobster fishery was too great to be sustainable, and that a remedy could ultimately result in new restrictions on lobster fishing.

The whales are vulnerable to lethal entanglement in lobster fishing gear.

Read the full story from the Associated Press at ABC News

Maine fishermen seek relief, new markets to navigate ‘economic disaster’

April 24, 2020 — With many restaurants shuttered, and typical export pipelines closed, demand for lobster and other Maine seafood is way down, leaving Maine’s $674 million-a-year commercial fishing industry scrambling to find new markets and short-term economic relief to survive the pandemic.

“It appears that we have a long road ahead,” Patrice McCarron, the director of the Maine Lobstermen’s Association, said in the group’s latest newsletter. “While the timeline for the coronavirus and its corresponding economic disaster are unknown, we must prepare for long-term impacts.”

The pandemic has forced the closure of almost one out of three restaurants, according to the latest reports. The restaurant industry, along with food service, consumes about 80 percent of U.S. seafood. It’s worse for lobster, a luxury item, which counts casinos and cruise ships among its biggest customers.

This comes on the heels of the $485 million-a-year Maine lobster industry’s struggle to replace the market it lost in the trade war with China, which had accounted for 1 out of every 3 pounds of lobsters exported overseas, and Canada’s sweet trade deal with the European Union.

Read the full story at the Portland Press Herald

Lobstering laws: Will the whales win?

April 22, 2020 — It was December 2000, and both houses of Congress were itching to go home. They just needed to wrap up the budget — the new fiscal year was already 10 weeks old. At last, the House of Representatives announced that agreement had been reached.

There was only one problem. The Clinton administration was proposing restrictions on the billion-dollar Bering Sea pollock fishery, and the chairman of the Senate Appropriations Committee, Republican Ted Stevens of Alaska, was having none of it.

“The fishing limits,” he said, reportedly pounding on his desk, “will put a considerable number of people out of work. Federal control of these magnificent fisheries is not going to be approved by this senator.”

As the man who controlled the purse strings, Stevens, an iconic World War II veteran known to Alaskans as “Uncle Ted,” was arguably the country’s most powerful senator and couldn’t be ignored.

Read the full story at National Fisherman

As coronavirus threatens seafood economy, community fisheries find ways to stay afloat

April 15, 2020 — COVID-19 is having a significant impact on North America’s seafood economy, which is more globalized than it has ever been. Fishers, however, are scrambling to respond, adapt and share lessons with each other. Community-supported fisheries may be the ones most ready to weather this difficult time.

Major commercial fisheries, including the iconic Maine lobster fisheries, have ground to a halt. The closure of restaurants and fresh seafood counters has created a serious dent in demand. Even temporarily, this is a serious blow to small-scale harvesters and fishing communities, who often derive most of their sales from these markets.

Consider the lucrative Pacific halibut fisheries, which opened in mid-March. These fisheries largely serve fine dining restaurants. Grilled halibut entrees fetch northward of $30 at iconic Vancouver restaurants such as Joe Fortes. But with restaurants closed, wholesale halibut prices are d … of US$5.30 per pound and are expected to drop further.

Combined with the loss of sales to markets like China, seafood producers from east to west are without a market for their product.

Read the full story at PHYS.org

MASSACHUSETTS: Unmoored and unsure, fishermen make do

April 15, 2020 — On Saturday, folks came to Menemsha to buy directly off the decks of local scallop boats. Business was brisk. Captain Sam Hopkins, aboard the Endurance, mongered to a steady queue of masked customers. Like the nearby Martha Rose, sea scallops off the Endurance sold for $15 per pound.

“It was really nice to have some local support and have people who bought scallops right off the boat,” Hopkins said.

Lobsterman Jason Gale has also turned to direct boat sales. From the deck of the Watch Out at Lake Street Landing he sold lobsters at $8 apiece, regardless of weight, on Saturday. Gale said he put a 10 lobster cap per customer and sold out.

“I’ll just keep going as long as people want them,” he said.

Gale said the wholesale price was roughly $5.50 to $6 per pound

That jibes with an estimate from Beth Casoni, executive director of the Massachusetts Lobstermen’s Association.

Read the full story at the MV Times

Massachusetts lobster harvesters try direct sales again, triple results

April 14, 2020 — A second effort by lobster harvesters in Massachusetts to overcome coronavirus market challenges and sell directly to consumers, using Facebook, saw triple the results of the earlier attempt.

Troy and Doug Durr, the organizers of the South Coast Direct Source Seafood page, reported that well over 100 cars waited in line at the Union Wharf in the town of Fairhaven and bought almost 2,200 lobsters from four vessels on Easter Sunday, April 12. The harvesters set a price this time of $6.00 per pound for lobsters in the 1-1.45/lb range, and $7/lb for anything 1.5 lbs or larger.

The boats – the Intimidator, Miss Molly, Voyager and Cynthia Lee – began arriving at 1:30 p.m. and were sold out in four hours, according to the organizers, a Mattapoisett-based real estate agent and his uncle, a crew member on the lobster boat Mary Anne.

Another 200 lobsters from a late-arriving vessel were sold on Monday, Troy Durr told Undercurrent.

The Durrs previously organized a vessel direct sale effort on April 5 – also a Sunday — after processors stopped buying from harvesters due to the coronavirus-related closures of restaurants and the loss of export business, as reported by Undercurrent News. At the first event, which involved only the vessels Miss Molly and Mary Anne, 600 lbs of lobster were sold out at a price of $6.00/lb in 90 minutes.

Read the full story at Undercurrent News

MAINE: State, lobstermen scramble to respond to judge’s right-whale ruling

April 14, 2020 — The right whale protection lawsuit winding its way through the federal courts for two years has often been called the “wild card” in the battle between environmental groups trying to save the whale from extinction and lobstermen trying to protect their way of life.

Last week, a federal judge played that card, concluding the National Marine Fisheries Service had violated the Endangered Species Act by failing to fully document the U.S. lobster fishery’s harmful impact on right whales. The play leaves state and industry officials scrambling to figure out their next move.

“It’s hard to predict how lawsuits will impact future whale rules,” Maine Department of Marine Resources Commissioner Pat Keliher wrote to fishermen on Friday. “Many of you have called or emailed asking about the timing and impacts of this decision. At this time they are still unknown, but may come very quickly.”

The agency is reviewing last week’s ruling to determine what it may mean for Maine’s $485-million-a year lobster industry and what its next steps should be, Keliher said. For now, the Maine fishery remains open to those willing to brave rough offshore waters and pandemic-gutted markets.

Read the full story at the Portland Press Herald

Lobster fishery violates Endangered Species Act, judge declares

April 13, 2020 — U.S. District Judge James Boasberg filed a 20-page order Thursday, April 9, declaring the American lobster fishery violates the Endangered Species Act.

The federal lawsuit challenged a biological opinion filed by NMFS in 2014 stating that the American lobster fishery “may adversely affect, but is not likely to jeopardize, the continued existence of North Atlantic right whales.”

The judge ruled against NMFS, noting that the agency failed to include an “incidental take statement.” That failure, the judge declared, renders the biological opinion illegal under the Endangered Species Act. The suit — filed by the Center for Biological Diversity, Conservation Law Foundation and several other environmental groups — is similar to the California Dungeness crab lawsuit (led by the Center for Biological Diversity) which also claimed the fishery violated the ESA. The finding there forced the crab fishery to file for an incidental take permit, a process that can take years, and negotiate with the plaintiffs on whether there will be fishing seasons in the interim and what those opening and closing parameters will be.

Read the full story at National Fisherman

Lobstermen Vow to Fight for Fishery in Wake of Whale Ruling

April 13, 2020 — A Maine lobster fishing trade group said Monday it will fight for the future of the fishery in court in the wake of a judge’s ruling that the federal government hasn’t done enough to protect rare whales.

U.S. District Judge James Boasberg ruled last week that the National Marine Fisheries Service failed to protect North Atlantic right whales by understating lobster fishing’s ability to kill the whales via entanglement in ropes. The ruling stated a remedy will come in the future, and members of the U.S. lobster industry have said they’re concerned that could mean new fishing restrictions.

Maine Lobstermen’s Association executive director Patrice McCarron said Monday the court has only heard from environmental groups and the federal government so far in the case. She said the group will make sure the judge will “consider evidence about what happens on the water to protect whales.”

Read the full story from the Associated Press at U.S. News

Regulators fell short on protecting right whales from lobster industry, judge rules

April 10, 2020 — The National Marine Fisheries Service violated the Endangered Species Act by not properly reporting the lobster industry’s harmful impacts on the North Atlantic right whale, which it knew to be more than three times what the dwindling species could sustain, according to a federal judge.

In a ruling issued Thursday, U.S. District Judge James Boasberg accused the service of failing to follow the letter of the landmark environmental law because it would have meant the fishery, which rakes in millions of lobster and dollars each year, would not be able to proceed.

“The service and the statute pass each other like ships in the night,” Boasberg wrote in his 20-page ruling.

The decision caught the Maine Department of Marine Resources, which regulates Maine’s $485 million-a-year lobster fishery, and the Maine Lobstermen’s Association, the industry’s largest trade association, off guard. Both agency and association officials said they needed time to digest the ruling before commenting.

Read the full story at the Portland Press Herald