Saving Seafood

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

Maine joins lawsuit on right whale regulations

January 4, 2022 — The Maine Department of Marine Resources has joined as an intervenor in the Maine Lobstermen’s Association lawsuit challenging NMFS restrictions on lobster gear to protect North Atlantic right whales.

A Dec. 30 announcement from Maine Gov. Janet Mills’ office said “NMFS acted arbitrarily by failing to rely on the best available scientific information and by failing to account for the positive impact of conservation measures already adopted by the Maine lobster fishery.”

The Maine Lobstermen’s Association lawsuit in Washington, D.C, federal court challenges the NMFS biological opinion on right whales issued in May 2021, the agency’s response to federal court rulings that whale protections so far have failed to meet requirements of endangered species and marine mammal laws.

NMFS has put on new regulations for using lobster traps and their vertical floating lines to buoys that the agency and whale experts see as a serious threat to the survival of the right whale population, estimated at around 360 animals.

Read the full story at National Fisherman

Viewpoint: Help Maine lobstermen fight unfair federal rules

December 15, 2021 — No one ever said that life was fair. But the 10-year plan put forth in August by the National Marine Fisheries Service (NMFS) to protect endangered North Atlantic right whales is so obviously unfair and, to make matters worse, based on bad science, that the Maine Lobstermen’s Association (MLA) has sued the federal government because of it. If this flawed plan remains in place the Maine lobster fishery could be erased within a decade, decimating the precious coastal communities where we live and work. 

The plan’s goal is to reduce risk to the whales from lobster gear by 60 percent right now, then by another 60 percent in 2025, and a final 87 percent in 2030, resulting in a 98 percent reduction in the already minimal risk that lobstermen pose to the whales. That does not leave much, if any, room for a viable lobster fishery in this state. 

The MLA contends that NMFS got it wrong. The best available science does not support the agency’s plan and instead, the government needs to come up with a plan that will protect the whales without sinking the lobster industry. 

We care about protecting the whales. Since 1997, Maine lobstermen have taken many actions to protect right whales from entanglement. We’ve put in place measures such as removing thousands of miles of rope from the water, keeping rope off the surface where a whale might feed, putting weak links in our rope so that a whale can break free, and marking our lines so we know if Maine lobster gear is responsible for an entanglement. These measures have worked. The right whale population had doubled in two decades. 

More importantly, no right whale has been known to become entangled in Maine lobster gear since 2004. No right whale has ever died from Maine lobster gear. 

Read the full op-ed at the Mount Desert Islander

Maine’s lobster industry is in a fight for its survival

December 6, 2021 — Friday’s ruling by the U.S. Supreme Court to uphold reinstatement of a 967-square-mile lobster fishing closure is another devastating blow to Maine lobstermen.

In October, a U.S. District Court judge in Bangor had ruled that there was reason to question the federal government’s decision to close this prime lobstering area for four months this winter. When an appeals court overturned this decision in November, lobstermen who had already set traps in this area were forced to dangerously hurry and take them up, creating economic hardship for those who invested in gear, rigged up and were already fishing in these productive waters.

For Maine’s lobster industry, this is another frustrating example of one step forward, two steps back. This latest court ruling, however, is just the tip of the iceberg that threatens to sink the fishery.

Earlier this year, the National Marine Fisheries Service released a 10-year plan intended to protect the endangered North Atlantic right whale. The problem is that the government’s plan won’t protect the right whale. And the Maine lobster fishery could be eliminated as collateral damage.

Under the fisheries service’s plan, Maine lobstermen are required to reduce risk to right whales by 98 percent by 2030. But, according to the fisheries service’s own data, the closure of nearly 1,000 miles of lobstering grounds in the Gulf of Maine for a third of the year is only responsible for about 6.5 percent of that. It’s unbelievable that even after implementing a closure of this size and scale, with all its devastating economic impacts, we will still somehow be required to reduce our risk by another 91.5 percent.

Read the full op-ed at the Bangor Daily News

Industry, politicians deplore reinstatement of lobster fishing closure

November 19, 2021 — As lobster fishermen face an immediate requirement to remove their traps from a swath of offshore waters, the Maine Lobstermen’s Association on Wednesday said the seasonal closure will create economic hardship for many Mainers who have invested in gear, rigged up and are already fishing in the area.

Gov. Janet Mills also said the sudden closure will cause significant economic hardship for Maine’s lobster industry, “will cost hundreds of fishermen millions of dollars, and will have a profound impact on businesses that rely on landings during the lucrative late fall and winter months.”

The statements responded to the newly enacted seasonal closure on 967 square miles of lobstering territory in the Gulf of Maine. The closure was reinstated Tuesday when the 1st U.S. Circuit Court of Appeals stayed a preliminary injunction by a lower court preventing the shutdown from going into effect.

The closure is part of a plan, issued by the National Marine 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 closure, the plan includes mandates for additional gear marking and gear modifications.

Read the full story at Mainebiz

Lobstermen’s group launches $10 million fundraising push to ‘save’ industry jobs

November 17, 2021 — The Maine Lobstermen’s Association announced a three-year, $10 million fundraising campaign Tuesday to raise money for the fishery’s fight against impending regulations that industry members say could “eliminate the fishery and end Maine’s lobstering tradition.”

It named the fundraising campaign “Save Maine Lobstermen” and created a website at savemainelobstermen.org.

Earlier this year, the National Marine Fisheries Service released a 10-year plan, known as a biological opinion, to help protect the critically endangered North Atlantic right whale from deadly entanglements in fishing gear.

The first phase of the plan, released in August, adds requirements that include state-specific gear marking, weak points in rope to allow entangled whales to break free, and a 967-square-mile seasonal closure off the coast of Maine to reduce risks to whales by 60 percent this year and 98 percent over 10 years.

Read the full story at the Portland Press Herald