Saving Seafood

After Supreme Court rejects appeal, lobstering union vows to continue fight

December 7, 2021 — The Supreme Court on Friday turned down a request by the Maine Lobstering Union and others to end a closure of lobstering waters off the state’s coast.

The union, Damon Family Lobster Co. Inc., Fox Island Lobster Co. LLC and Frank Thompson had filed an emergency injunction application on Wednesday with the court, seeking to halt enforcement of an earlier ruling by the 1st U.S. Circuit Court of Appeals in Boston.

That decision had stayed one by the U.S. District Court for Maine to stop a new four-month closure of 967 square miles of the Gulf of Maine to lobster fishing.

The developments all stem from a plan, issued by the Fisheries Service on Aug. 31, that aims to protect the endangered North Atlantic right whale by creating new requirements affecting Maine lobstermen. In addition to the October-through-January ban on lobster fishing with buoy lines, implemented for the first time this year, the plan includes mandates for additional gear marking and gear modification.

Read the full story at Mainebiz

 

Supreme Court keeps limits on lobster fishing in Maine to protect rare right whales

December 6, 2021 — The U.S. Supreme Court ruled Friday against Maine lobster fishermen who sought to block new fishing restrictions that are designed to protect rare whales.

The new rules make an approximately 950-square-mile area of the Gulf of Maine essentially off limits to lobster fishing from October to January. That’s to protect North Atlantic right whales, which are one of the rarest whales and number less than 340.

Members of Maine’s lobster fishing industry asked the high court to block the new restrictions after an appeals court ruled that the closure was legal. Justice Stephen Breyer rejected the appeal on Friday without comment, a spokesperson for the Supreme Court said.

The Maine Lobstering Union and others have argued that the restrictions will hurt the fishing industry economically. The restrictions are intended to protect the whales from lethal entanglement in fishing gear. That’s one of the biggest threats to their existence.

Read the full story from the AP at the Boston Globe

Lobstering union petitions U.S. Supreme Court to overturn Gulf of Maine closure

December 3, 2021 — Lobster harvesters were forced to remove their gear from a large section of the Gulf of Maine this week. Though their traps may no longer be in the water, the industry is not giving up its fight.

The Maine Lobstering Union filed an emergency application last week asking the U.S. Supreme Court to vacate a lower court ruling and reopen the roughly 950-square-mile area, which is slated to be closed through January – and every subsequent October through January – in an effort to protect the critically endangered North Atlantic right whale.

It’s the most recent development in a monthslong legal battle between members of the lobster industry, who say their livelihoods are at risk, and conservationists, who say the whales are headed for extinction.

Virginia Olsen, a lobsterwoman and a member of the union, said the group looks forward to continuing what it considers a fight to save the industry, and the families and communities that depend on it.

Read the full story at The Portland Press Herald

Maine lobstermen have two weeks to pull traps from whale protection area

November 22, 2021 — Virginia Olsen called the situation “beyond frustrating”.

Olsen is a lobster fisherman from Stonington and the political director for the Maine Lobstering Union.

Earlier this week, union members and all the other lobstermen in Maine lost a big fight in the U.S. Circuit Court of Appeals in Boston when judges reinstated the federal government’s closure of a 967-square mile area of ocean off the Maine coast.

The closure, originally scheduled to be in effect from Oct. 18 to Jan. 31, is part of a plan from NOAA Fisheries and the National Marine Fisheries Service to help protect endangered right whales from becoming tangled in lobster gear.

A federal judge in Bangor last month sided with the union’s arguments against the closure and imposed an injunction to stop it. The appeals court reversed that decision, and now the closure is in effect, according to NOAA Fisheries.

The Maine Lobstering Union and others in the fishing industry said there has been no hard evidence right whales are in that closure area. But federal regulators said there is evidence, including data obtained this year from underwater acoustic devices.

Read the full story at News Center Maine

Federal appeals court reinstates lobster gear restrictions off Maine’s coast

November 17, 2021 — A federal appeals court is reinstating restrictions on fishing gear in a nearly 1,000 square mile swath of ocean off Maine’s coast. It’s a blow to Maine’s lobstermen and a victory for advocates for the endangered North Atlantic right whale.

In October, in an effort to protect the roughly 340 right whales remaining on the planet from potentially deadly entanglements with fishing gear, the federal government imposed a four-month restriction on the use of trap-rope in the area. Lobstermen consider the area prime winter fishing grounds, but the rope-ban would effectively bar 60 or more boats from fishing there. Before the restrictions took effect, the Maine Lobstering Union won a stay from a U.S. district judge in Bangor.

But late Tuesday, a federal appeals court in Boston ruled that the lower court overstepped its authority. The court said that while the stakes are high on both sides, Congress had “placed its thumb on the scales” for endangered species such as the right whales.

Read the full story at WBUR

Government, conservation groups file appeal to reinstate seasonal lobstering ban

November 1, 2021 — The federal government and a group of conservation organizations filed an appeal this week of a recent court decision that stopped a planned seasonal closure to traditional lobstering in an area of the Gulf of Maine.

The closure, which would have gone into effect Oct. 18, was intended to help protect the critically endangered North Atlantic right whale and would have made traditional, rope-and-buoy lobstering off-limits in the lucrative 967-square-mile zone from October to January.

The Maine Lobstering Union, Fox Island Lobster Co. of Vinalhaven and Damon Family Lobster Co. of Stonington filed a joint lawsuit against the fisheries service last month in an effort to block the closure, arguing that regulators used flimsy science to justify the restricted area.

In his ruling, issued just two days before the closure would have been implemented, U.S. District Judge Lance Walker sided with the lobstering groups and said regulators had relied on “markedly thin” statistical modeling instead of hard evidence to prove the area they had planned to close was really a highly traveled area for the imperiled whale.

Read the full story at the Portland Press Herald

 

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

 

Maine Lobstering Union Lands Injunction to Halt Right Whale Lobster Fishing Area Closure

October 19, 2021 — The Maine Lobstering Union (MLU) was granted emergency relief by U.S. District Judge Lance E. Walker on October 16 to halt an impending closure of a lobster fishing area off Maine.

The closure was set to be implemented as part of the National Marine Fisheries Service (NMFS)’s Atlantic Large Whale Take Reduction Plan Modifications announced at the end of August.

After learning of the closure, the MLU, along with other industry groups including the Maine Lobstermen’s Association (MLA), sued the NMFS over the right-whale related rule changes.

According to the MLU, the closure would have impacted a large area of “prime lobstering territory.”

Read the full story at Seafood News

 

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

 

Maine Lobstering Union Files Suit for Emergency Relief Against NMFS

October 4, 2021 — The Maine Lobstering Union (MLU) became the latest from the lobster industry to file a federal lawsuit against the National Marine Fisheries Service (NMFS) due to the Atlantic Large Whale Take Reduction Plan Modifications announced on August 31.

The MLU filed a civil action in the United States District Court for the District of Maine, seeking emergency relief related to fishing ground closures that will come into effect due to the recent modifications. Fox Island Lobster Company of Vinalhaven and Frank Thompson, a sixth-generation fisherman, who together with his wife Jean, own and operate Fox Island; and the Damon Family Lobster Company of Stonington are also Plaintiffs on the case.

The Complaint names as Defendants the Secretary of the United States Department of Commerce, and the Assistant Administrator of the National Oceanic and Atmospheric Administration, and NMFS.

Read the full story at Seafood News