Saving Seafood

MLA motion to expedite appeal granted

October 31, 2022 — On October 18, a federal appeals court sided with the Maine Lobstermen’s Association in granting the MLA’s request to expedite consideration of its appeal of the decision in Maine Lobstermen’s Association v. National Marine Fisheries Service. The Court rarely grants motions to expedite, according to a press release.

On October 11, the MLA announced that it has retained former U.S. Solicitor General Paul Clement and had filed for expedited consideration of MLA’s appeal to the United States Court of Appeals for the District of Columbia in its lawsuit to reverse a scientifically-flawed federal whale plan that will cripple Maine’s lobster industry.

In granting the motion for expedited appeal, the court laid out a timeline that requires all briefs to be submitted by January 10, 2023.

Read the full article at Penobscot Bay Press

Federal court rules fisheries officials didn’t do enough to protect right whales from lobster gear

July 8, 2022 — A federal court on Friday ruled in favor of environmental groups that had filed a lawsuit against the government and the Maine Lobstermen’s Association claiming federal fisheries officials had failed to protect endangered North Atlantic right whales from potentially fatal entanglements in lobster fishing gear, records show.

A judge ruled that NOAA Fisheries had violated the Marine Mammal Protection Act and Endangered Species Act when it issued a May 2021 biological opinion and a September 2021 final rule because officials had not done enough to reduce the lobster fishery’s threat to right whales, the plaintiffs in the suit said in a statement.

The lawsuit was filed in 2018 by the Center for Biological Diversity, the Conservation Law Foundation, and Defenders of Wildlife.

Read the full story at The Boston Globe

Maine’s lobster industry in danger: Lobstermen sound alarm as new rules go into effect

May 6, 2022 — Local lobstermen recently asked members of the community to help them in their fight against new federal rules they fear could drive a harpoon through their industry.

At issue is the federal government’s plan that aims to protect the North Atlantic right whale by reducing the risk to them by 98% by the year 2030, according to materials presented to selectmen for their meeting on April 28.

Chris Welch, the chair of the town’s Government Wharf Committee and a board member of the Maine Lobstermen’s Association, discussed the MLA’s lawsuit challenging the National Marine Fisheries Service’s plan, which he described as flawed and detrimental to his industry and the local economy.

“We must hold the government accountable for failing to use the best scientific information possible,” Welch said.

Read the full story at the Portsmouth Herald

New rules for lobster industry now in effect

May 4, 2022 — Beginning Sunday, new laws are in place requiring Maine’s lobster fishermen to use new fishing gear to protect the endangered right whale.

The new laws include thinner rope and an insert link in their fishing lines, but getting these new links has been a challenge.

A supply chain shortage is keeping fishermen from being able to use it.

Read the full story at WFVX Bangor

 

NOAA delays enforcement of new lobster gear rules aimed at protecting right whales

April 21, 2022 — Enforcement of the new lobster gear regulations aimed at protecting the critically endangered North Atlantic right whale will be delayed because supply chain issues have made it too difficult for lobstermen to comply.

The National Oceanic and Atmospheric Administration said on Wednesday that it will use a “graduated enforcement effort” from when the rules take effect on May 1 until the supply issues have been resolved.

The regulations require lobstermen to splice NOAA-approved weak rope or weak plastic links into the lines they use to connect buoys to traps on the ocean floor. But the approved gear has been in short supply as manufacturers struggle to produce enough to outfit the Northeast lobster and Jonah crab fishing fleets. The regulations are intended to prevent whales from becoming entangled in fishing gear, which can result in injuries and death. There are fewer than 350 North Atlantic right whales, according to NOAA.

“MLA is relieved that NOAA has finally listened to lobstermen, the state, and our congressional delegation, that despite lobstermen’s best efforts, lobstermen are unable to meet the deadline,” said Patrice McCarron, executive director of the Maine Lobstermen’s Association. “Some have complied and had products recalled, others have complied and had devices fail, and many more have not been able to secure the materials they need.”

Read the full story at the Portland Press Herald

Are the whales leaving? Gulf of Maine research raises questions about new lobstering rules

April 1, 2022 — As the Gulf of Maine’s waters warm, recent studies show the main food source of the endangered North Atlantic right whale is moving north, out of Maine waters. And the whales appear to be following them.

Such findings haven’t escaped the notice of the Maine lobster industry, which has been referencing them in its legal arguments as to why impending new federal restrictions on lobstering gear won’t help save the whales. Its members have pointed to recent studies that suggest the relocation of copepods – small aquatic crustaceans that make up the whales’ preferred diet – is not just a temporary phenomenon but a long-term trend.

The Maine Lobstermen’s Association has filed a lawsuit against the National Marine Fisheries Service arguing that its 10-year conservation plan to protect right whales, primarily by requiring commercial fishing gear modifications such as using breakaway rope and deploying more traps per line, is not based on the best available science. The new gear restrictions are set to take effect May 1 despite ongoing legal challenges by the lobster industry and repeated protests by government officials.

“(The association is) asking the court to require the agency to develop a new plan based on sound science that would protect both the whale and the lobster industry,” said Patrice McCarron, the group’s executive director.

Read the full story at the Sun Journal

$30 million fund to help lobstermen meet new rules gets strong support in Maine House

March 25, 2022 — A proposal to create a $30 million fund to help lobstermen comply with new federal requirements designed to protect endangered right whales received overwhelming and bipartisan support in the Maine House on Thursday.

Funding for the bill, sponsored by Rep. Holly Stover, D-Boothbay, would come from the state’s unallocated surplus and would help fishermen meet new federal requirements for fishing rope.

Those rules could cost the industry between $50 million and $80 million in lost revenue, additional gear, lost time and added labor, according to the Maine Lobstermen’s Association. One lawmaker estimated the new rules would cost the average fisherman tens of thousands of dollars.

Stover said the relief fund is needed to protect Maine’s iconic and valuable lobster fishing industry, which has had to constantly adapt to evolving federal regulations to prevent endangered right whales from being entangled in ropes.

Read the full story at the Portland Press Herald

Sen. Collins, Rep. Golden Introduce Bipartisan Bill to Help Lobster Industry Afford New Gear

March 9, 2022 — The following was released by the office of Congressman Jared Golden:

U.S. Senator Susan Collins (R-ME) and Congressman Jared Golden (D-ME) today introduced bipartisan legislation to support lobstermen by creating a grant program to help them comply with federal right whale regulations requiring a change in fishing gear. The Stewarding Atlantic Fisheries Ecosystems by Supporting Economic Assistance and Sustainability (SAFE SEAS) Act of 2022 will help lobstermen and women with the financial burden of this transition by authorizing grant assistance for fiscal years 2022 through 2024 to help cover the costs of compliance. Senator Angus King (I-ME) and Congresswoman Chellie Pingree (D-ME) have signed on as cosponsors of the bill.

According to an estimate by the Maine Lobstermen’s Association, the Atlantic Large Whale Take Reduction Plan (ALWTRP) rule will cost Maine lobstermen and women at least $45 million due to the expense of trawling up, acquiring and adding weak points, purchasing specialized rope, lengthening groundlines, marking gear, and hiring additional crew to complete this work.  Notably, there are no known cases of Maine’s lobster industry being responsible for killing a right whale, and there has not been a single right whale entanglement attributed to Maine lobster fisheries in nearly two decades.

 “Maine lobstermen and women have always been good stewards of the environment and have taken numerous actions to protect right whales when the science has warranted it,” said Senator Collins.  “As NOAA moves ahead with this rule despite the Maine delegation’s urging against it, our legislation would help alleviate the financial burden our lobstermen and women face. We must ensure that this heritage industry has the assistance it needs to continue to support coastal families and communities for generations to come.”

Read the full release at the office of Congressman Jared Golden

 

Committee rejects proposal for Maine lobster industry legal defense fund

February 23, 2022 — A Maine legislative committee largely rejected a bill Tuesday that would have created a legal defense fund to help the lobster industry fight recent and expected regulations designed to help protect endangered North Atlantic right whales.

A bipartisan majority of the Legislature’s Marine Resources Committee members, despite expressing support for the bill’s intent, voted 9-4 “ought not to pass” after regulators, industry members and the state Attorney General’s Office said the bill could have unintended consequences and might be unconstitutional.

The industry would pay for the legal defense fund through surcharges on lobster trap tags and licenses. The surcharges would generate an estimated $900,000 a year for the legal fund, but would divert money away from other industry causes.

The money would be split three ways among the Maine Lobstermen’s Association, Maine Lobstering Union and Maine Department of Marine Resources. The two industry groups would be reimbursed for any legal expenses incurred, and the state agency for added staffing expenses and any related legal action or research.

Read the full story at the Portland Press Herald

Maine lawmakers asked to create $30M emergency fund to aid fishermen

February 3, 2022 — Maine lobstermen can resume setting their traps in a roughly 960-square-mile area of ocean that’s been off-limits to them for the past two months.

That closure was part of new rules from the federal National Oceanic and Atmospheric Administration, ordered to protect endangered North Atlantic right whales.

Fishermen in that offshore area were told to remove their traps by late October, but the Maine Lobstering Union challenged the requirement in court and won a restraining order. However, just a few weeks later, a federal appeals court overturned that ruling and reinstated the closure, which finally began at the end of November.

The Maine Lobstermen’s Association estimated last year that nearly 200 fishermen normally work that area during the months it would be closed.

Tuesday marked the end of the closure and fishermen can now return to those waters. However, the MLA said the closure has cost those fishermen money, as they had to spend time relocating traps instead of fishing, which may have reduced catches.

Read the full story at News Center Maine