November 19, 2021 — Lobster fishermen off the Maine coast must begin to remove gear from a new protected area intended to help whales, the federal government said.
New rules make an approximately 950-square-mile area of the Gulf of Maine essentially off limits to lobster fishing from October to January. A federal appeals court ruled this week that the ban is enforceable, despite legal challenges from the lobster industry.
November 18, 2021 — Travel between countries is beginning again in many places in the world. Travel for humans, that is. For those that live in the natural world, this is the season for migration and travel is just part of the normal cycle of things regardless of political boundaries. This is particularly true in the water where there is a literal fluidity of movement from place to place: shallow to deep, north to south, or salty to fresh. The ocean is perhaps the best example of a global resource where all the water is connected, and so is everything that lives in it.
In an effort to recognize the cross-boundary nature of ocean creatures, states and even countries sometimes work together to monitor who lives where and when. The Gulf of Maine is a boundary-crossing body of water on multiple levels. While it has “Maine” in its title, it stretches across New Hampshire and parts of Massachusetts to the south. To the north, it reaches up into Canada. One of the groups that has pulled together the many parties working on and studying the Gulf of Maine recently received funding to address the issue of marine debris in a collaborative way.
The Gulf of Maine Association is a non-profit whose mission is “to maintain and enhance environmental quality in the Gulf of Maine and allow for sustainable resource use by existing and future generations”. Partners in the Association have worked together on both research and policy in the past. The recently awarded grant is part of a larger initiative of the National Oceanic and Atmospheric Association’s (NOAA) North America Marine Debris Prevention and Removal program that provides funding to prevent and remove debris from the oceans across the country as well as down into Mexico and up into Canada.
Read the full story from the Times Record at the Portland Press Herald
November 18, 2021 — Interior Secretary Deb Haaland announced plans for up to seven new offshore wind lease sales, from Maine to the Gulf of Mexico and in the Pacific off California and Oregon, at the American Clean Power Association’s offshore wind conference Oct. 12 in Boston, Mass.
“This timetable provides two crucial ingredients for success: increased certainty and transparency,” Haaland said in an address to the industry advocacy group.
With the Bureau of Ocean Energy Management accelerating its timetable to review wind developers’ plans and prepare future lease offerings, agency officials are insisting they learned from mistakes dealing with the Northeast commercial fishing industry, and will work with them and other stakeholders “to minimize conflict with existing uses and marine life.”
“We are working to facilitate a pipeline of projects that will establish confidence for the offshore wind industry,” BOEM Director Amanda Lefton said. “At the same time, we want to reduce potential conflicts as much as we can while meeting the Administration’s goal to deploy 30 gigawatts of offshore wind by 2030. This means we will engage early and often with all stakeholders prior to identifying any new Wind Energy Areas.”
November 18, 2021 — The United States can impose seasonal limits on lobster fishing methods in part of the Gulf of Maine while the fate of the restriction is being challenged, the 1st U.S. Circuit Court of Appeals has ruled.
The Tuesday ruling reverses a lower court decision that paused the new rule, which restricts the use of lobster fishing lines in an effort to protect North Atlantic right whales from deadly entanglement in the gear.
Alfred Frawley, a lawyer for a lobstering union and lobster harvesters who sued the National Marine Fisheries Service over its regulation, said the plaintiffs are analyzing the ruling.
Maine’s lobster industry is the biggest in the country. Its lobster fishery caught about $400 million worth of the sought-after crustacean last year, state data shows.
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.
November 17, 2021 — The Maine Lobstermen’s Association held a press conference announcing a fundraising appeal to the general public. The association wants to raise $10 million for what it foresees as endless, costly court clashes over right whale supporters and their industry.
Without the financial means to fight both the government and environmental activists, lobstermen said their very existence is at stake.
“We need to level the playing field and make this a fair fight,” said Lobstermen’s Association Vice President Dustin Delano.
President Kristan Porter said his association was assembling the best legal team they could find.
“It’s not cheap,” Porter said “but we need to be able to stand and fight.”
The offshore fishery currently in question covers 950 square miles of ocean, about 30 miles off the coast, from Mount Desert Island to Casco Bay. Federal regulators want it closed from October through January.
The closure is meant to protect endangered right whales traversing the Gulf of Maine from Canadian waters to the Florida coast. Maine lobstermen, who have already switched to non-floating and breakaway lines in an effort to protect the scarce mammals, said they are not to blame for increased mortalities seen in recent years.
Read the full story at the Bangor Daily News
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.
November 16, 2021 — A judge ruled in favor of Maine’s multimillion-dollar lobster industry, pushing back on efforts to protect endangered species and limit how much fisherman can capture marine life.
The seafood industry is a huge part of Maine’s economy; in 2018 the state’s lobster fishery alone was valued at more than $400 million and brought in approximately 119 million pounds of lobster. According to the National Oceanic and Atmospheric Administration (NOAA), American lobster was the most valuable single species harvested in the U.S.
But all that harvesting has affected marine life. The North Atlantic Right Whale Consortium (NARWC) announced in October that the North Atlantic right whale population dropped to 336 in 2020, an 8 percent decrease from 2019. The group said 2020 was the lowest number for the species in nearly 20 years.
The federal government had attempted to protect endangered right whales, with Secretary of Commerce Gina Raimondo authorizing a partial closure of a fishing zone along the Maine coast that would have prohibited the use of buoy lines that many marine life are hurt or killed by. It was intended to restrict commercial lobster fishing for four months and was the first step in a 10-year plan to protect North Atlantic right whales.
November 16, 2021 — The issue is heating up this week in Gouldsboro, a town of 1,700 on the bay. At a special townwide meeting last night, more than 200 voters showed up and overwhelmingly approved a six-month ban on all aquaculture development.
The tensions in this corner of Maine mirror the national debate in Washington and across the country, where supporters view fish farming as a way to improve U.S. food security by producing more locally grown food but opponents worry the cost will be too high for the environment.
Local critics in Gouldsboro have found an ally in the National Park Service, which voiced its objections to a project so close to Acadia. Park officials fear the huge fish pens could chase away visitors, with more noise, damaged air quality and a rise in ocean acidification.
Acadia National Park Superintendent Kevin Schneider, a leading opponent, said the 120-acre project would bring “an industrial factory just 2,000 feet from the park’s boundary.”
“This is a park that’s been here for 105 years,” he said. “The park generates 6,000 local jobs and $400 million that our visitors spend in the local communities here, and so our product here in many respects is the scenery. People are coming for these amazing vistas that you can see from Park Loop Road and from the north ridge of Cadillac that look out to Frenchman Bay, this incredible idyllic location.”
Schneider outlined his complaints in a letter to the Maine Department of Marine Resources, telling state officials that “the scale of the development — the equivalent of 16 football fields — is unprecedented in the United States and incongruous with the existing nature and setting of Frenchman Bay and surrounding lands.”
But Dana Rice, harbormaster and chair of the Gouldsboro board of selectmen, countered he sees promise in the proposal by American Aquafarms. He believes it would revive the town’s waterfront, with the company wanting to use an abandoned sardine plant to process its farm-raised salmon.
“I’m all about economic development,” he said. “And if there’s anything we can do to bring in good jobs, I view it as my responsibility to look at that. It’s a big deal area-wise and economic-wise.
Read the full story at E&E News
November 15, 2021 — A federal judge has declined to throw out a lawsuit against the federal government seeking tougher rules to protect critically endangered North Atlantic right whales from collisions with ships.
The lawsuit, filed by the Center for Biological Diversity, Conservation Law Foundation and other environmental groups in 2012, seeks to force the National Marine Fishery Service (NMFS) to take aggressive steps to protect the right whale population by setting a speed limit for vessels to prevent collisions.
The groups filed a new petition to the court last year accusing the federal agency of dragging its feet on responding to their request for new whale protection rules.
The Biden administration had asked the court to dismiss the lawsuit, but U.S. District Court judge Amit Mehta ruled on Wednesday that the federal agency “cannot ignore its obligation to fully and properly consider a petition for rulemaking.”