Saving Seafood

Maine Gov. Janet Mills Calls on Commerce Secretary to Delay Implementation of Gear Marking & Modification in Right Whale Rule

September 27, 2021 — The following was released by the Office of Maine Governor Janet Mills:

In a letter today to Secretary of Commerce Gina Raimondo, Governor Janet Mills urged swift action by NOAA Fisheries to reduce the unnecessary economic harm to Maine fishermen that the recently announced Federal whale protection rule will cause.

“I don’t believe this rule, as written, should take effect at all, and, at the very least, I urge you to direct NOAA Fisheries to delay the rule’s implementation of gear marking and gear modifications (including both trawling up and insertion of weak points) to July 1, 2022,” wrote Governor Mills.

“It is entirely unfair that Maine lobstermen continue to be the primary target of burdensome regulations, despite the many effective mitigation measures they have taken and despite the data showing that ship strikes and Canadian fishing gear continue to pose significant risk to right whales,” she wrote.

On August 31, 2021, the National Marine Fisheries Service’s (NMFS) issued the Atlantic Large Whale Take Reduction Rule. In response, Governor Mills joined U.S. Senators Susan Collins and Angus King and U.S. Representatives Chellie Pingree and Jared Golden is opposing the rule.

In her letter today, Governor Mills highlighted gear marking requirements that are “alarmingly different than what was in the proposed rule.” Maine implemented a state-specific gear marking regulation in 2020 that provided flexibility to fishermen who move gear from offshore to inshore waters. After communicating with NOAA, Maine anticipated it would be reflected in the final rule. Instead, the final rule will require many fishermen to “purchase a second set of endlines,” wrote Governor Mills. She pointed out that the cost to fishermen for a second set of endlines is estimated to be over $9 million.

Revenue loss associated with the May 1, 2022 implementation deadline for required gear marking and modification will also unfairly burden Maine fishermen. “Fishermen who fish year-round usually do not begin to rotate their gear inshore until May. However, in order to meet the rule’s new requirements, fishermen anticipate a month or more of gear work to become compliant. Due to the NOAA deadline, gear will need to be brought back to port in March or April, when the price of lobster is very high,” wrote Governor Mills.

The expected loss from the implementation date, which was established without input from industry, is between $15 million and $25 million.

Governor Mills has repeatedly stood up for Maine’s vital lobster industry and its working men and women in the face of the Federal government’s right whale proposal. Last year, she wrote to the Commerce Department urging it to deny a petition by Pew Charitable Trusts that asks for three seasonal offshore closures in the Gulf of Maine and that would prohibit the use of vertical lines in the American lobster and Jonah crab fisheries in four areas of the New England coast.

She also filed comments with the National Oceanic and Atmospheric Administration (NOAA) on the draft Biological Opinion for ten fishery management plans in the Greater Atlantic Region, focusing on the North Atlantic Right Whale, expressing “grave concern” and warning it will be economically devastating and will fundamentally change Maine’s lobster fishery.

Her Administration, through the Maine Department of Marine Resources, also plans to file for intervenor status in the pending litigation Center for Biological Diversity v. Ross in the U.S. District Court in the D.C. Circuit in an effort to avoid having the court vacate the biological opinion (BiOp). If the biological opinion is vacated by the court, the potential outcome is a closure of the entire fishery. The Governor is supporting the effort by funding the use of specialized outside counsel through the Governor’s Contingent Account.

A copy of the letter is attached (PDF).

 

MAINE: Large-scale aquaculture moratorium explored

September 20, 2021 — The Planning Board was charged Thursday night with drafting a moratorium prohibiting any proposed large-scale aquaculture projects in town from consideration for six months. The Select Board’s directive is intended to provide time to review and possibly revamp the town’s current regulations and give town officials greater authority over open-ocean finfish farms seeking to locate a processing plant, hatchery or other infrastructure on land in town.

At its meeting Thursday night, the Select Board voted 5-0 to direct the Planning Board to review and refine the draft “Town of Gouldsboro Moratorium Ordinance — Aquaculture Development” before presenting it to townspeople at a public hearing. Then, voters will have the final say on the proposed aquaculture development moratorium at a special town meeting. The impetus to put the question soon to voters is being driven by the Select Board’s concern that the town’s “quality of life and health and safety” could be jeopardized in the near future unless its regulations are updated to include finfish farms whose ocean sites comprise 10 acres or more.

At the Select Board’s request, attorney Tim Pease of Rudman Winchell of Bangor drew up the draft moratorium and gave an overview to the few dozen citizens who attended Thursday’s meeting in person and via Zoom. Earlier this month, the town contracted Rudman Winchell to review Gouldsboro’s shoreland, land use zoning, solid waste and harbor ordinances and comprehensive plan and determine whether they were adequate to deal with large-scale fish farms. The answer was no.

Read the full story at the Ellsworth American

 

Maine’s Next Generation Of Lobstermen Brace For Unprecedented Change

September 20, 2021 — The latest federal rule, announced on Aug. 31 by the National Oceanic and Atmospheric Administration (NOAA), is part of a plan to stop endangered North Atlantic right whales from getting caught in fishing gear by 2030.

The agency estimates that the population’s decline has accelerated in recent years, with 368 right whales remaining. NOAA has documented 34 right whale deaths since 2017, with at least nine of those mortalities confirmed to have been caused by entanglements in fishing gear, including gear used by commercial gillnet or lobster and crab fisheries on the East Coast.

NOAA’s new rule requires lobstermen to use gear with state-specific markings that can be traced if a whale gets caught, among other modifications such as weak points in fishing lines that allow entangled whales to break free. The rule will also allow lobstermen to use so-called ropeless gear — a costly and controversial new technology that’s still in the early stages of development — in fishing areas that will be closed in certain seasons.

“The beauty of the lobster industry is that there’s been a place for everybody,” says Patrice McCarron, executive director of the Maine Lobstermen’s Association. “We’re at risk of putting too many barriers in that are really going to create winners and losers, so it’s scary.”

McCarron says fishermen want to do their part to protect whales, but she says no Maine lobster gear has ever been confirmed to have caused the serious injury or death of a right whale. A NOAA spokesperson counters that its scientists are unable to determine the source of most entanglements and nearly half of mortalities go unobserved.

Read the full story at NPR

 

Maine plans to intervene in lawsuit over new lobstering regulations

September 17, 2021 — The Maine Department of Marine Resources plans to get involved with a lawsuit over new lobstering regulations intended to protect the endangered North Atlantic right whale – regulations that will impact the state’s lucrative lobster fishery.

Maine Department of Marine Resources Commissioner Patrick Keliher told lawmakers in the U.S. state during a hearing on 14 September that the department plans to intervene in an existing lawsuit that environmental groups brought against the National Marine Fisheries Service regarding the new rules, according to the Portland Press Herald. Keliher told lawmakers that the department has hired an attorney and that Maine Governor Janet Mills has committed the state to covering all legal fees.

Read the full story at SeafoodSource

 

MAINE: Mills Administration To Fight Right Whale Lawsuit That Could Lead To ‘Draconian’ Effects On Lobster Industry

September 15, 2021 — The Mills administration says it’s pursuing several actions to contest recently-released lobstering restrictions designed to protect endangered right whales. It’s also intervening in an ongoing lawsuit that officials say could be more devastating to the industry.

Marine Resources chief Patrick Keliher says that Gov. Janet Mills is hiring private attorneys to help fight a lawsuit in the U.S. D.C. Circuit Court brought by the Center for Biological Diversity and other conservation groups that are challenging the data used by the federal government to issue lobstering regulations to protect right whales.

Keliher says prevailing in that lawsuit won’t undo the new federal lobstering regulations that effectively close off traditional lobstering for 950 square miles of the Gulf of Maine from October through January.

Read the full story at Maine Public

 

Maine won’t sue over right whale restrictions, but isn’t giving up fight

September 15, 2021 — Maine won’t be suing federal regulators over new commercial lobstering restrictions intended to protect an endangered species of whale, but it isn’t giving up the fight entirely.

The Maine Department of Marine Resources has been advised against suing federal officials over a controversial new set of rules designed to protect the endangered North Atlantic right whale from being harmed by the lobster industry, but Commissioner Patrick Keliher told Maine lawmakers during a briefing Tuesday that the department has not abandoned all plans for legal action.

Instead of suing over the rules directly, he said, the department is planning to intervene in an existing case against the National Marine Fisheries Service that was filed by a group of environmentalists who contend the agency hasn’t done enough to protect the critically endangered whales.

The department has hired Linda Larson, a lawyer specializing in environmental and natural resource law, from Nossaman LLP in Seattle. According to Keliher, Gov. Janet Mills has already committed to covering legal fees in what he said will be a “very expensive process.”

Read the full story at the Portland Press Herald

 

Maine lawmakers urge Biden to rescind whale protection rules

September 13, 2021 — Maine lawmakers are calling on President Joe Biden to rescind new whale protection rules that will make a nearly 1,000 mile section of the state’s coastline off limits to lobstermen during the lucrative winter months.

In a letter signed by more than 150 lawmakers – including House Speaker Ryan Fecteau, D-Biddeford, and Senate Minority Leader Jeffery Timberlake, R-Androscoggin – they said the new restrictions aimed at protecting North Atlantic right whales “threaten to irreparably harm Maine’s iconic, sustainable lobster fishery.”

“Maine lobstermen will suffer significant economic harm for a measure that provides a little conservation benefit to right whales,” the lawmakers wrote. “For the sake of our fishermen and women, our coastal communities, and our great state, we request that you take the steps necessary for your administration to immediately rescind the closure area.”

Read the full story at The Center Square

 

Charitable seafood program serves both fishermen and the food insecure

September 13, 2021 –The past year’s decrease in restaurant and wholesale markets, domestically and overseas, made it difficult for Maine fishermen to get a fair price for their catch.

But a charitable seafood program implemented a year ago has helped provide a reliable revenue stream to some small-boat fishermen – while also contributing to food security around the state.

Since last September, Maine Coast Fishermen’s Association in Brunswick raised nearly $1 million from grant funding and individual donors to purchase fish directly from fishermen and donate it to local schools, food banks and community groups. To date, the program, called Fishermen Feeding Mainers, has purchased 170,000 pounds of fish, in turn providing 230,000 meals.

Last week, 29,000 pounds of fresh fish were landed at the Portland Fish Exchange, the highest volume Portland has seen in one day since before the pandemic, according to a news release. Of that, the association bought 10,000 pounds to donate for 15,000 meals.

Read the full story at Mainebiz

 

Ropeless fishing guide in the works, lobstermen skeptical

September 13, 2021 — Federal officials are working on a road map for the implementation of ropeless fishing in the Atlantic Ocean after announcing a seasonal closure of a large swath of prime lobstering ground last week.

The National Oceanic and Atmospheric Administration said it was expecting to have the guide for the developing technology available in May 2022.

The agency announced that it would be closing a 967-square-mile area largely off the Midcoast to lobstering between October and January, some of the most lucrative months for offshore lobstering. The move is part of an effort to reduce the number of vertical lines in the water in order to protect the endangered North Atlantic right whale.

Lobstermen, however, could continue to fish in the area if they used ropeless fishing equipment that doesn’t use the persistent vertical lines that traditional lobstering does.

“The primary goal behind having these restricted areas open to ropeless fishing is to test it so that we can figure out how it might be able to be implemented in the fishery in the future,” said Marisa Trego, an Atlantic Large Whale Take Reduction team coordinator at NOAA. “This will help us deal with different issues like gear conflicts and figuring out how to locate here and have everybody on the same page.”

Traditionally, lobstermen have a buoy on the surface to mark the location of their traps on the ocean floor. The traps are connected to the buoy by a vertical line.

Read the full story at the Ellsworth American

 

Atlantic Herring Area 1A Days Out Meeting on September 24

September 10, 2021 — The following was released by the Atlantic States Marine Fisheries Commission:

Members of the Commission’s Atlantic Herring Management Board from the states of Maine and New Hampshire, and the Commonwealth of Massachusetts will meet via webinar on September 24, 2021 from 10 a.m. to 12 p.m., to discuss Season 2 (October 1 – December 31) days out measures for the 2021 Area 1A fishery (inshore Gulf of Maine). Days out measures include consecutive landings days for Season 2. The webinar and call information is included below:

Atlantic Herring Days Out Meeting

September 24, 2021

10:00 a.m. – 12:00 p.m.

You can join the meeting from your computer, tablet or smartphone at the following link: https://global.gotomeeting.com/join/517895485. If you are new to GoToMeeting, you can download the app ahead of time (click here) and be ready before the meeting starts. For audio, the meeting will be using the computer voice over internet (VoIP), but if you are joining the webinar from your phone only, you can dial in at +1 (872) 240-3412 and enter access code   517-895-485 when prompted. The webinar will start at 9:30 a.m., 30 minutes early, to troubleshoot audio as necessary.

The 2021 Area 1A sub-annual catch limit (sub-ACL) is 1,453 metric tons (mt) after adjusting for the carryover from 2019, the 30 mt fixed gear set-aside, and the 8% buffer (Area 1A closes at 92% of the sub-ACL). There is no research-set-aside for 2021 because the participants in the RSA program will not continue their RSA project in 2021.

The Board established the following seasonal allocations for the 2021 Area 1A sub-ACL: 72.8% available from June 1 – September 30 and 27.2% available from October 1 – December 31.

Please contact Emilie Franke, Fishery Management Plan Coordinator, at 703.842.0716 or efranke@asmfc.org for more information; or visit http://www.asmfc.org/calendar/9/2021/Atlantic-Herring-Area-1A-Days-Out-Meeting-on-September-24/1797.

The meeting announcement can also be found at http://www.asmfc.org/files/AtlHerring/AtlHerringSep2021DaysOutMeetingNotice.pdf