October 15, 2021 — The Maine Lobstermen’s Association has filed a brief in support of a motion filed against the U.S. Secretary of Commerce to block the impending closure of Maine lobster fishing grounds by the National Marine Fisheries Service.
The seasonal closure, scheduled to go into effect next week, will bar lobster fishing in 967 square miles off the coast of Maine.
It’s part of a ten year federal plan to protect right whales.
October 12, 2021 — State and federal regulators say they are prepared to enforce the 967-square-mile area of the Gulf of Maine that will be closed to traditional lobstering for the next three months but have been tight-lipped about what the enforcement will look like or what the penalties might be for anyone who is found in violation of the closure area.
Environmentalists, who support the closure designed to help protect critically endangered North Atlantic right whales from becoming entangled in lobstering gear, say the lack of details isn’t surprising, but Maine lobster industry officials are frustrated by the silence.
According to Patrice McCarron, executive director of the Maine Lobstermen’s Association, the industry is still grappling with trying to understand why the area is even going to be closed in the first place. The closure goes into effect Oct. 18.
“Now it’s happening and we’ve had zero correspondence on what the rules of operation will be, what the enforcement will be,” she said. “The entire closure has literally fallen from the sky, and we’ve been given very little information and (told) to get out of there. … Everything I’ve seen is Oct. 18, here’s the box (outlining the closure area), get your gear out.”
Read the full story at the Portland Press Herald
October 7, 2021 — On Aug.31, the National Marine Fisheries Service released the long-awaited final rule which outlines measures for the Northeast lobster fishery to reduce the risk of entangling right whales by 60 percent. The Maine Lobstermen’s Association is committed to action to recover the North Atlantic right whale, but the species cannot rebuild without a conservation plan supported by scientific evidence and comparable measures implemented in Canada and the U.S. shipping industry. The MLA remains extremely concerned that NMFS is placing an unwarranted burden on the Maine lobster fishery.
The U.S. lobster fishery implemented new regulations more than a decade ago which have reduced known right whale entanglement in U.S. lobster gear by 90 percent.
“According to NMFS data, the Maine lobster fishery has not had a documented entanglement with a North Atlantic right whale in over 17 years and has never been known to kill or seriously injure a right whale,” said Patrice McCarron, executive director of the MLA.
By comparison, an historic number of right whales have died in Canadian waters over the past five years, and Canada has yet to implement protections comparable to the U.S. Moreover, the most current, best available scientific evidence documents a change in right whale migration patterns away from Maine waters and into Canada and other areas.
Read the full article at National Fisherman
September 29, 2021 — New federal regulations meant to protect endangered North Atlantic right whales are set to be instituted soon.
But they’re facing opposition from the Maine Lobstermen’s Association despite endorsement by marine animal experts, and also being criticized as not stringent enough by environmentalists.
The association has filed a lawsuit against the National Marine Fisheries Service and the U.S. Secretary of Commerce over the 10-year whale protection plan.
It includes regulations like state-specific gear marks, more traps between buoy lines, more seasonal closure areas and requiring weaker ropes that the whales can break.
Read the full story at CapeCod.com
September 28, 2021 — On Monday, Sept. 21, the Maine Lobstermen’s Association filed a lawsuit challenging NMFS’ new rule for Northeast lobster and Jonah crab fisheries.
The rule, filed on Aug. 31, is a modification of the Atlantic Large Whale Take Reduction Plan and is supposed to reduce the risk of entanglements to North Atlantic right whales in U.S. waters. The association says the modifications address only the perceived risk of Maine fisheries, which have no documented right whale interactions.
The lawsuit, filed against NMFS and the Secretary of Commerce in U.S. District Court for the District of Columbia, argues that “the federal government’s draconian and fundamentally flawed 10‐year whale protection plan… will all but eliminate the Maine lobster fishery yet still fail to save endangered right whales.” The result would put both fishermen and whales in harm’s way, industry leaders have said.
Read the full story at National Fisherman
July 6, 2021 — The profitable U.S. lobster fishery will soon have to contend with new rules designed to protect an endangered species of whale, and that could necessitate major changes for people in the industry.
The new rules are expected to be released late this summer or early in fall, a spokesperson for the National Oceanic and Atmospheric Administration said. Early indications show that the changes required by the rules could be significant.
Right whales were once abundant off the East Coast, but they were decimated by hunting during the commercial whaling era. They’ve been listed as endangered since 1970, but the population remains small, and in jeopardy. Recent years have also brought high mortality and poor reproduction among the whales.
They’re also vulnerable to ship strikes, and face the looming threat of warming oceans. Acting NOAA Fisheries Assistant Administrator Paul Doremus said in June that the U.S. and Canada, which also harvests lobsters, must “take and sustain additional efforts to reduce right whale mortalities and serious injuries.”
The rules will focus on reducing the number of vertical ropes in the water, and they’re also expected to modify restricted areas of ocean, the government has said. A conservation framework released by the federal government in May states that the first phase of rules will be designed to reduce risk to the whales by 60%.
The lobster industry is prepared to do its part to conserve the whales, but a near complete risk reduction would require a total overhaul of the fishery, said Patrice McCarron, executive director of the Maine Lobstermen’s Association.
Read the full story from the Associated Press at The Washington Post
June 21, 2021 — The Maine Lobstermen’s Association (MLA) claims that NOAA’s rulemaking efforts to address entanglement threats are an overreach because right whales no longer come to the Gulf of Maine, and over many decades, only one right whale has been found in Maine lobster gear.
I feel it is important to correct MLA on several counts, as it is unfortunately presenting only a small part of this complex story. First, since 1980, right whale scientists have photographed right whales throughout their range and have documented at least 1,617 entanglements involving 87 percent of the population based on the presence of entanglement scars or attached fishing gear. The research suggests that right whales are being entangled in all types of United States and Canadian east coast fishing gear with often 60 or more entanglement events per year.
Also, while some right whales have shifted their distribution, they still occur in waters that Maine lobstermen fish in every month of the year with some sightings in Maine state waters. Acoustic data backs up past official and opportunistic sightings confirming that right whales are no strangers to Maine fishing grounds. A recent deployment of acoustic buoys recorded calls from right whales off Casco Bay, Monhegan Island, Milbridge, Great Duck Island, Lubec, the Schoodic ridges, all around Mount Desert Rock and many calls from Outer Falls.
MLA states on its website that only one right whale has ever been entangled in Maine gear, and that was in 2002. It is mistaken. It is true that there was a right whale entangled in Maine lobster gear in 2002 and it was disentangled and is probably alive today because of that. But the MLA fails to acknowledge two other cases.
June 7, 2021 — Federal officials recently released plans to all but eliminate risk to the critically endangered North Atlantic right whale, but Maine lobster industry leaders fear the plan will only shift the risk of the extinction from the whales to the lobstermen.
The National Oceanic and Atmospheric Administration released its final biological opinion May 27 – a requirement under the federal Endangered Species Act. This document becomes the basis of rule-making surrounding the specific species, in this case, the North Atlantic right whale.
Officials found that, provided they meet the reduction targets in the implementation framework, none of the 10 fisheries included in the document, among them the lobster fishery, were “likely to jeopardize the continued existence of the North Atlantic right whales.”
Patrice McCarron, director of the Maine Lobstermen’s Association, fears the industry can’t sustain that level of change.
“If you look at the changes we’ve made over the last 25 years, there’s not a lot left to give,” she said.
By the final phase, “I don’t see how we would even have a fishery. There’s not a lot of obvious ways we could do this and still have our fleet intact,” she said. “It’s really hugely concerning.”
June 1, 2021 — The federal government on Thursday released a new report saying the lobster fishery poses a risk to the endangered North Atlantic right whale population.
The assessment, conducted by the National Marine Fisheries Service, is expected to have a severe impact on the fishery. The long-term ramifications “remain troubling,” Gov. Janet Mills said in a statement.
The assessment calls for the fishery to reduce the potential for serious injury and death to right whales by 60% over the coming decade. Based on periodic evaluations during that time, the risk reduction target could be increased to 87% in 2030.
“The lobster fishery as we know it will not exist if this is fully implemented,” the Maine Lobstermen’s Association said in a statement. Maine is home to the nation’s largest lobster fishery, and brought in a catch of over $400 million last year despite the pandemic.
June 1, 2021 — Maine’s lobster fishermen are anxiously waiting to learn exactly what they will have to change to meet new federal requirements to protect the endangered right whale. On Thursday, the federal agency NOAA Fisheries released their final biological opinion about the threat to right whales, saying there have to be major changes by New England fishermen so whales won’t get tangled in fishing gear and die.
Fishermen have been worrying about and waiting for federal guidelines for more than two years. They had some of their fears confirmed by the latest report from NOAA, but still are waiting to get the needed details.
The big target to protect whales is called risk reduction, primarily by cutting the number of vertical ropes in the water that connect traps to buoy.
The National Marine Fisheries Service, part of NOAA Fisheries, said those ropes pose a big risk of tangling right whales, so they have to be reduced 60 percent right away. How that should happen is one of the details fishermen are waiting to learn, but previous documents from NMFS suggested a primary method should be requiring longer trawls, meaning putting many more traps on each line, in addition to using sections of weaker rope that can break away if snagged by a whale.
Patrice McCarron, executive director of the Maine Lobstermen’s Association said Maine is being unfairly penalized for whale deaths actually happening in Canada and those from whales being hit by ships at sea. She said that while lobstermen will have to follow the rules, the industry will continue to pressure NMFS to improve its data and create more fair regulations.