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These fish are critical to New England, and they’re disappearing

July 14, 2022 — Hutchins, a habitat restoration biologist with National Oceanic and Atmospheric Administration, lives and works on Cape Ann. Along with a small group of volunteers, he monitors the baby eels migrating upstream at Mill Brook between spring and fall. In a year, sometimes they’ll document well over a thousand elvers.

Half a century ago, fishermen harvested millions of pounds of American eels annually up and down the Atlantic Coast. By 2013, however, researchers estimated the population had dropped by half.

Experts suspect overfishing and coastal development have played a role in the decline, along with eutrophication — when nutrients from sewage and fertilizers choke the oxygen from ponds and streams.

Another fish fundamental to fresh and saltwater ecology is the river herring.

Alewives and bluebacks are migratory herring that range along the East Coast from Florida to Maine. Whereas eels are born in the ocean but live in freshwater, river herring live in coastal waters and only venture inland to spawn.

As with eel, river herring populations began to crash in the 1980s, coinciding with advances in commercial fishing techniques and new construction along the coast.

Massachusetts is home to about 3,000 dams, with many built in the 19th century for water power, reservoirs, or flood control.

“A dam in a river is like a blocked artery; it’s like a heart attack,” said Robert Kearns, a climate resiliency specialist at the Charles River Watershed Association. “It degrades the water quality behind it; reduces the dissolved oxygen which fish rely on to breathe and to live … and creates a habitat that’s better for invasive species.”

Beyond commercial fishing, a report by the American Sportfishing Association found saltwater sport fishing generates over $500 million dollars a year in sales, wages, and taxes in Massachusetts.

But amid the reality of human-made climate change, the future of the herring and the eels, on which so much depends, remains very much in question.

Read the full story at WBUR

MAINE: Maine politicians blast ‘unfair’ court decision targeting lobster gear

July 14, 2022 — A federal circuit court has reinstated a ban on lobster fishing gear in a nearly 1,000-square-mile area off New England to try to protect endangered whales.

The National Marine Fisheries Service issued new regulations last year that prohibited lobster fishing with vertical buoy lines in part of the fall and winter in the area, which is in federal waters off Maine’s coast. The ruling was intended to prevent North Atlantic right whales, which number less than 340, from becoming entangled in the lines.

The circuit court sent the case back to the district court level, but noted in its ruling that it does not think the lobster fishing groups that sued to stop the regulations are likely to succeed because Congress has clearly instructed the fisheries service to protect the whales.

Commercial fishing groups have filed lawsuits about new rules designed to protect the whales because of concerns that the regulations will make it impossible to sustain the lobster fishing industry. The industry, based mostly in Maine, is one of the most valuable in the U.S., worth more than $500 million at the docks in 2020, according to the National Oceanic and Atmospheric Administration.

Conservation groups have called for tighter laws. Tuesday’s ruling is “a lifesaving decision for these beautiful, vulnerable whales,” said Kristen Monsell, an attorney at the Center for Biological Diversity who argued the case at the circuit court.

Read the full story at the Bangor Daily News

Judge says NMFS right whale plan still not enough

July 11, 2022 — The latest rules to reduce right whale deaths from lobster and crab gear still don’t go far enough in reducing potential mortality, according to a federal judge who has called for a new hearing to decide on remedies.

In an opinion issued Friday in Washington, D.C., U.S. District Court Judge James E. Boasberg ruled in favor of a key complaint from environmental groups who want the National Marine Fisheries Service to do more to reduce whale entanglements with vertical lines used in East Coast trap fisheries.

Now an extremely endangered species – with a population that plunged from around 481 animals in 2011 to an estimated 345 – the north Atlantic right whale is at risk from ship strikes and fishing gear entanglement. The gear issue has been subject to litigation in Boasberg’s court since 2018.

A new complaint brought by the Center for Biological Diversity, Conservation Law Foundation and Defenders of Wildlife alleged that NMFS’ own projections show that the right whale population would still lose animals to gear entanglement at a rate that would continue the path to extinction.

The plaintiff environmental groups, who have long pushed for more dramatic action from the government, praised Boasberg’s latest opinion.

The Maine Lobstermen’s Association – named as a defendant along with the Department of Commerce and NMFS – called the ruling “a mixed bag” and took heart in Boasberg’s intention to seek remedies short of shutting the fishery.

The lobstermen’s association also noted the judge’s acknowledgement that NMFS could find “that projected take [of endangered whales] is in fact lower than originally estimated.”

Read the full story National Fisherman

Weak protection for vanishing whales violates law, judge says

July 11, 2022 — The federal government hasn’t done enough to protect a rare species of whale from lethal entanglement in lobster fishing gear, and new rules are needed to protect the species from extinction, a judge has ruled.

The government has violated both the Endangered Species Act and the Marine Mammal Protection Act by failing to protect the North Atlantic right whale, U.S. District Judge James Boasberg ruled on Friday. The whales number less than 340 in the world and have been declining rapidly in population in recent years.

The ruling came after a group of environmental organizations sued the federal government with a complaint that it wasn’t doing enough to save whales from lobster gear. Boasberg’s ruling validates that claim, said Kristen Monsell, an attorney for the Center for Biological Diversity, one of the groups that sued.

The Maine Lobstermen’s Association, the largest fishing trade group on the East Coast, said in a statement that it was still reviewing the ruling. The association also pointed to a section of Boasberg’s ruling that said the National Marine Fisheries Service “may find that other measures exist to reduce lethal take, or that projected take is in fact lower than originally estimated.” That renders the ruling “a mixed bag,” the association said.

The whales were once numerous, but they were decimated during the commercial whaling era. Some scientists have said warming ocean temperatures are causing them to stray from protected areas in search of food, and that has left them more vulnerable to collisions and entanglement.

Read the full story at Associated Press

Changes in Gulf of Maine may endanger lucrative fish stocks, experts say

July 8 2022 — Scientists have known the Gulf of Maine is warming rapidly, but new research suggests it’s also getting saltier, more acidic and increasingly stratified — raising concerns for its fish stocks.

The dramatic shifts in the gulf’s biochemistry are raising questions about the future of a region that has historically produced some of the world’s richest fish stocks — from cod to lobsters — and has built billion-dollar industries around them.

“We found that primary productivity, the rate at which the phytoplankton is fixing carbon in the ocean, has dropped to about a third of what it was in the early 2000s,” Barney Balch, a biological oceanographer and senior researcher at the Bigelow Laboratory for Ocean Sciences, told UPI. “That really raised alarm bells with us.”

According to Balch, decreases in primary productivity — the carbon fixing — may affect life in the gulf from phytoplankton all the way up the food chain, including fish that humans eat.

For more than 20 years, Balch and his research partners have been helping NASA calibrate and validate ocean surface temperature data collected by the agency’s polar-orbit satellites.

Many researchers have pointed to the Gulf of Maine as one of the world’s most rapidly warming bodies of water, but Balch’s paper, published this month in the Journal of Geophysical Research: Biogeosciences, is one of first to showcase the full scope of the gulf’s regime change.

While it’s not yet clear how these changes will impact the region’s ecosystems, data collected by Balch’s team suggest the base of the marine food web in the gulf is in the midst of a transformation.

Over the last 30 years, warming has mostly proven a boon to lobsters in the Gulf of Maine, especially in places, like the Penobscot Bay and the Bay of Fundy, that were historically on the chillier side of a lobster’s comfort zone.

And though Balch isn’t privy to the data being collected by Wahle and his research partners, he says it’s not a stretch to hypothesize that declines in diatoms, a primary source of nutrients for copepods, are likely to have ripple effects up the food chain — ripple effects that will ultimately impact the lobsters and some number of other fisheries.

Read the full story at UPI

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 lobster industry could receive nearly $14 million in federal aid

July 5, 2022 — Maine’s lobster industry could receive most of the $14 million the federal government is allocating to help lobstermen comply with new rules that are intended to save the critically endangered right whale from extinction.

If approved by Congress, the $14 million will be doled out to states through the Atlantic States Marine Fisheries Commission to cover costs incurred by the fishing industry to comply with the Atlantic Large Whale Take Reduction Plan. Costs may include gear modification, configuration and marking, both in federal and state waters.

Maine is expected to receive the lion’s share of the money, since the state is home to the vast majority of the American lobster fleet. Maine lobstermen already received more than $17 million in federal aid in March as part of a $1.5 trillion omnibus funding package.

It was not clear Friday how the proposed federal funding might be allocated among Maine’s 4,500 to 5,000 licensed lobstermen.

The funding has been included in the House of Representatives’ Commerce, Justice, and Science Fiscal Year 2023 Appropriations bill. The House Appropriations Committee approved the bill Friday. From there, it will be voted on by the full House.

Read the full story at The Portland Press Herald

Recent Increase in Seal Deaths in Maine Linked to Avian Flu

July 3, 2022-Beginning in June 2022, Marine Mammals of Maine (MMoME)—a NOAA Fisheries authorized marine mammal stranding network partner—has responded to an elevated number of stranded seals. Most of the seals were found dead. On July 1, the U.S. Department of Agriculture’s  Animal and Plant Health Inspection Service’s National Veterinary Services Laboratories confirmed that samples from four stranded seals in Maine have tested positive for Highly Pathogenic Avian Influenza H5N1. All of these animals had recently died or required euthanasia. USDA is notifying the Centers for Disease Control and Prevention as well as state animal and public health officials. The finding will be reported to the World Organization for Animal Health.

NOAA Fisheries has established a coordinated response structure with MMoME, Atlantic Marine Conservation Society, and state and federal partners to manage this event. The response team is currently meeting on a daily basis to share information, support response logistics, and develop accurate public communications. This webpage will be updated on a regular basis as new information becomes available

Read the full story at NOAA Fisheries

Whale activists file objection to Gulf of Maine lobster fishery certification

July 1, 2022 — Conservation groups formally objected to a recent recommendation by MRAG Americas that the Gulf of Maine lobster fishery be recertified to the Marine Stewardship Council standard.

The Gulf of Maine lobster fishery, which covers U.S. landings of the North American lobster was first certified to the MSC standard in 2016, and its current certificate expires on June 30. MRAG Americas has recommended that the certification continue, but groups including Animal Welfare Institute, Defenders of Wildlife, and the Natural Resources Defense Council claim the fishery no longer meets the standards due to complications related to the critically endangered North Atlantic right whale.

“If the Gulf of Maine lobster fishery was certified as sustainable at this time, consumers of MSC-certified lobster could be unknowingly hastening the demise of one of our most emblematic and endangered species,” said Francine Kershaw, senior scientist with NRDC, in a prepared statement. “There could not be a more blatant way to further erode consumer confidence in MSC as a certifying body.”

At the heart of the issue is the reoccurring fight over the lobster industry’s impact on right whales – something the MSC has been involved with once before. In August 2020, the MSC suspended the certification of the Gulf of Maine lobster fishery after a federal court found it was in violation of the Endangered Species Act.

The suspension has since been lifted, and the lobster industry is also under new standards implemented by NOAA Fisheries to comply with Endangered Species Act. Despite the new rules, the NGOs claim that the fishery is still relying on insufficient protection measures and that it is still posing a threat to right whales.

Read the full story at National Fisherman

MAINE: Lobstermen frustrated by regulations after new study shows whale entanglements decline

June 30, 2022 — A new report has Maine lobstermen saying, “I told you so.”

The report says large whale entanglements dropped in 2020, including for the right whale.

Lobstermen in Maine have long argued they should not be blamed for the right whales’ population decline, which makes this new study from NOAA all the more frustrating.

“I’ve been doing this my whole life,” Harpswell lobster boat captain Forrest Moody said. “This is what we know.”

Moody calls the new changes to the industry “life-altering.”

“There hasn’t always been evidence to prove or say what they were asking us to do but we still were, we were still made to do it,” Moody said.

Read the full story at WGME-TV

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