Saving Seafood

Gov. Mills Administration Granted Intervenor Status to Support Maine’s Lobster Industry in Lawsuit

September 28, 2021 — The following was released by the office of Maine Governor Janet Mills:

Governor Janet Mills announced today that a federal judge has granted her Administration’s motion to intervene in the pending litigation Center for Biological Diversity v. Ross in the U.S. District Court in the D.C. Circuit.

“Intervening in this case is a critically important step in the state’s efforts to support Maine’s vital lobster industry,” said Governor Mills. “A court decision in the plaintiff’s favor could close Maine’s lobster fishery altogether – a completely unacceptable outcome that would be devastating to our lobstermen and their families and devastating to our coastal communities and our economy. We will fight tooth and nail to prevent that from happening.”

The lawsuit contests the Federal government’s recently published regulation to protect North Atlantic Right Whales. It also amends and supplements a 2018 lawsuit which challenged the Federal government’s authority to regulate the lobster fishery by challenging the required Biological Opinion.

With the approval of the Office of Attorney General, the Mills Administration has contracted with the law firm Nossaman LLP to represent the State of Maine as an intervenor in this lawsuit. Nossaman attorneys have extensive experience litigating Endangered Species Act issues related to commercial fishing. The Governor is supporting the effort by funding the use of specialized outside counsel through the Governor’s Contingent Account.

“We worked closely with industry to develop approaches that would minimize the hardship to fishermen, and through that effort, informed the rulemaking process, but the battle for this industry is also being waged on multiple fronts,” said Commissioner of Marine Resources Patrick Keliher. “We are committed to making sure we have the legal expertise and resources necessary to capably represent the interests of Maine’s lobster industry in this pivotal court fight.”

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

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.

Read the full release here

 

Maine’s Next Generation Of Lobstermen Brace For Unprecedented Change

September 20, 2021 — The latest federal rule, announced on Aug. 31 by the National Oceanic and Atmospheric Administration (NOAA), is part of a plan to stop endangered North Atlantic right whales from getting caught in fishing gear by 2030.

The agency estimates that the population’s decline has accelerated in recent years, with 368 right whales remaining. NOAA has documented 34 right whale deaths since 2017, with at least nine of those mortalities confirmed to have been caused by entanglements in fishing gear, including gear used by commercial gillnet or lobster and crab fisheries on the East Coast.

NOAA’s new rule requires lobstermen to use gear with state-specific markings that can be traced if a whale gets caught, among other modifications such as weak points in fishing lines that allow entangled whales to break free. The rule will also allow lobstermen to use so-called ropeless gear — a costly and controversial new technology that’s still in the early stages of development — in fishing areas that will be closed in certain seasons.

“The beauty of the lobster industry is that there’s been a place for everybody,” says Patrice McCarron, executive director of the Maine Lobstermen’s Association. “We’re at risk of putting too many barriers in that are really going to create winners and losers, so it’s scary.”

McCarron says fishermen want to do their part to protect whales, but she says no Maine lobster gear has ever been confirmed to have caused the serious injury or death of a right whale. A NOAA spokesperson counters that its scientists are unable to determine the source of most entanglements and nearly half of mortalities go unobserved.

Read the full story at NPR

 

Maine plans to intervene in lawsuit over new lobstering regulations

September 17, 2021 — The Maine Department of Marine Resources plans to get involved with a lawsuit over new lobstering regulations intended to protect the endangered North Atlantic right whale – regulations that will impact the state’s lucrative lobster fishery.

Maine Department of Marine Resources Commissioner Patrick Keliher told lawmakers in the U.S. state during a hearing on 14 September that the department plans to intervene in an existing lawsuit that environmental groups brought against the National Marine Fisheries Service regarding the new rules, according to the Portland Press Herald. Keliher told lawmakers that the department has hired an attorney and that Maine Governor Janet Mills has committed the state to covering all legal fees.

Read the full story at SeafoodSource

 

One Of Biden’s Biggest Climate Change Challenges? The Oceans

March 19, 2021 — A few years ago, marine biologist Kyle Van Houtan spotted an online video that he couldn’t quite believe. It showed a young great white shark, about five-feet long, swimming just off a pier in Central California.

“Our initial reaction was that it can’t be true,” Van Houtan says. “We know that they’re in Southern California and Mexico, not in Monterey.”

When they’re young, white sharks typically live in the warm waters of Southern California, hundreds of miles from the cold, rough surf up north off Monterey.

Still, the shark in the video wouldn’t be the only one to appear. Since 2014, young white sharks have been arriving off Monterey in greater numbers.

The sharks were simply following the water temperatures they’re adapted to. The ocean was warmer, shifting the sharks’ habitat from where it’s normally found. Similar shifts are being seen around the world, just one of the ways that climate change is hitting the oceans hard.

Ocean scientists say the Biden Administration is taking office at a critical time. Sea levels are rising, fish are migrating away from where they’re normally caught, and the water itself is becoming more acidic as it absorbs carbon dioxide that humans emit.

While the administration has appointed climate change advisors throughout the federal government, a key role remains unfilled: the head of the National Oceanic and Atmospheric Administration, an agency that oversees everything from fisheries policy to marine sanctuaries.

Read the full story at NPR

 

MASSACHUSETTS: Panel: ocean acidification threatens shellfish sector

February 12, 2021 — As a result of climate change and direct human factors, the waters of the Atlantic Ocean off Massachusetts are becoming more acidic, making them a less friendly habitat for the shellfish that drive a key industry here.

With no action, many of the scallops, clams, mollusks and lobsters at the bottom of the ocean in the Gulf of Maine will begin to dissolve by 2060 and new ones will struggle to form, imperiling an industry that supports thousands of people in the Bay State, a special commission said in a report Tuesday.

The Special Legislative Commission on Ocean Acidification recommended that Massachusetts establish a broad ocean acidification monitoring system and funnel more money into existing programs that address some of the things that are making the ocean more acidic, like residential and agricultural runoff, septic discharges and the deterioration of natural wetlands.

Read the full story at Wicked Local

MASSACHUSETTS: Report: Shellfish industry under threat as oceans grow more acidic

February 11, 2021 — Carbon emissions and wastewater are making the ocean more acidic, an accelerating chemical reaction that could threaten the ability of young scallops, oysters and lobsters to survive to maturity, according to a report published by the Massachusetts legislature on Tuesday.

A coalition of scientists, conservationists and representatives from the seafood industry found that a third of mollusks could be wiped out within 80 years if ocean waters continue to acidify at current rates. The effect on lobsters and crabs is less clear, though they are suspected to be more resilient.

“We’re running out of time before the consequences of ocean acidification become truly catastrophic,” said State Rep. Dylan Fernandes, a Democrat from Cape Cod who co-founded the coalition.

The group’s 84-page report says that oceans have been acidifying since the industrial revolution by soaking up excess carbon dioxide in the atmosphere. When the gas dissolves, it triggers a chain reaction that raises acidity and saps the ocean of carbonate ions that shellfish use to grow their shells, making them more vulnerable to predators and bruising waves.

It’s hardly the first time scientists have predicted doom for New England’s seafood industry, but the report found rising ocean acidity is threatening scallops, the very species that fishermen in New Bedford and other nearby ports turned to to survive an earlier ecological catastrophe: the overfishing of cod.

Read the full story at The Public’s Radio

Scotland’s Seafood Industry Is Already Reeling from Brexit

January 12, 2021 — By ending a 27-year-old union, Brexit was sure to come with some growing pains. But with less than two weeks under their belt, some in the Scottish fishing industry are wondering if what they’re feeling is more akin to death throes.

As Reuters reported on Friday, the additional red tape caused by the United Kingdom’s exit from the EU has led to major issues for the Scottish fishing industry which has relied on seamless next-day transport of fresh seafood to customers on the European mainland. Since Brexit became official on January 1, shipping Scottish langoustines, scallops, oysters, lobsters, and mussels to places like France, Belgium, and Spain has suddenly been slower and more expensive—and some businesses wonder if their models will remain sustainable.

Due to new paperwork like health certificates and customs declarations, one-day deliveries were reportedly taking three days or more. And DFDS Scotland—a major logistics company for the industry—admitted to a mix of IT and paperwork issues. “These businesses are not transporting toilet rolls or widgets. They are exporting the highest quality, perishable seafood which has a finite window to get to markets in peak condition,” Donna Fordyce, chief executive of Seafood Scotland, told the BBC over the weekend. “If the window closes, these consignments go to landfill.”

And speaking of paperwork, one Scottish exporter told Reuters that paperwork alone could cost him over $800 a day. “I’m questioning whether to carry on,” he explained. “If our fish is too expensive our customers will buy elsewhere.”

Read the full story at Food & Wine

A New Device Tracks Lobsters as They Move Through the Supply Chain

January 11, 2021 — Lobsters are big business in Maine. In 2019 alone, the state netted almost US $500-million from this popular crustacean. Profits would likely be even higher, though, if the seafood industry could reduce “shrink”—the number of lobsters that die on their way through the supply chain. Every one percent in shrink means almost $5-million in unrealized income, says Eric Thunberg, an economist at the National Oceanic and Atmospheric Administration (NOAA) Northeast Fisheries Science Center in Woods Hole, Massachusetts. “Those aren’t small losses.”

“There’s a lot of interest in reducing shrink,” says Rick Wahle, a zoologist at the University of Maine. “Unfortunately,” he says, “there’s very little hard data to work with.”

“In most cases, it’s not going to be rocket science to mitigate these problems,” says Wahle. “It may just be shorter handling times, reducing time between the dock and the holding tank, dropping more aerators in the water, or lowering storage density.” The question is where along the supply chain those changes should be applied.

A new project, led by Wahle and supported by NOAA, is now tackling that question with two purpose-designed technologies to record the health and environment conditions of lobsters as they move from trap to distributor. One sensor package, called MockLobster, measures temperature and acceleration of a crate of lobsters as it’s moved around. The team wants to add other sensors for dissolved oxygen and acidity, but these features are still being prototyped.

Read the full story at Smithsonian Magazine

MASSACHUSETTS: Seasonal Ban on Lobstering Aims to Protect Right Whales

December 21, 2020 — With the North Atlantic right whale population at a dangerously low ebb, the state Division of Marine Fisheries is proposing a statewide seasonal ban on lobstering in a last-chance effort to save the critically endangered species from extinction.

Floated by the DMF during public hearings on Dec. 8 and 9, the proposed regulations come in the wake of a report that estimated right whale populations at only 366 marine mammals — down from the 481 estimated in 2011 — and a continued “unusual mortality event” that has seen more than 30 right whale deaths in the past three years.

The dramatic rule changes propose extending the state’s existing Feb. 1 through April 30 lobster trap closure in Cape Cod Bay to all waters under the jurisdiction of the commonwealth, including the Vineyard and Nantucket Sound. Buoyed recreational lobster and crab trap fishing would also be closed. The recreational closure would run from the Tuesday after Columbus Day through the Friday preceding Memorial Day.

Read the full story at the Vineyard Gazette

Right whale estimate plummets while Maine lobstermen await restrictions

October 29, 2020 — A new scientific estimate has found the critically endangered North Atlantic right whale population is declining.

The estimate, from the National Marine Fisheries Service, comes as the lobster fishery awaits a draft of new federal restrictions that aim to reduce the potential for fishing gear to entangle the whales.

The number of right whales worldwide has declined from just over 400 to about 360, new data is showing.

Oceana, an ocean conservation nonprofit in Washington, D.C., is calling on the service to take immediate action to save the species from extinction.

“The new estimates that only about 360 North Atlantic right whales remain underscores the need for immediate action to protect this critically endangered species,” Oceana campaign director Whitney Webber said in the release.

Read the full story at MaineBiz