Saving Seafood

Right whales stay in Cape Cod Bay longer, and later

June 16, 2022 — It isn’t high gas prices that changed the travel plans of right whales.

A new study in Global Change Biology by nine authors discovered that over the last couple of decades North Atlantic right whales are most active in Cape Cod Bay 18 days later than before.

That’s a shift — with a longer stay in the month of May — that could potentially bring the whales further into conflict with the region’s annual boating  and lobster season and require an extended season of protections.

“The state has a flexible rule in place — where they can extend fishing closures and small boat speed restrictions — that now is in place up the coast to New Hampshire,” the study’s lead author, Dan Pendleton of the New England Aquarium, said. “Massachusetts Bay has seen more right whales than it used to.”

“One of the problems with migratory animals is they can get into big trouble moving into shipping lanes so if we can move and adapt the protections as (whales) adapt to climate change, that would be ideal,” Pendleton said. “So much seems out of our control but one thing we can do is push for regulations that are responsive to the needs of an endangered species.”

Beth Casoni, executive director of the Massachusetts Lobstermen’s Association, hadn’t yet seen the study, which was published June 7. Casoni said, therefore, she couldn’t comment until she has been able to read it.

Read the full story at the Cape Cod Times

MASSACHUSETTS: Rep. Moulton introduces bill geared to lobstermen coping with right whale rules

May 31, 2022 — U.S. Rep. Seth Moulton, D-Salem, has introduced a bill called the CLAW (Conserving Lobstering and Whales) Act that would establish a tax credit to make it easier for lobstermen to afford gear meant to reduce the chance of endangered right whales becoming entangled.

Hunted to the brink of extinction by the early 1890s by commercial whalers, it’s estimated there are fewer than 350 right whales in existence, according to NOAA Fisheries’ website. Vessel strikes and entanglement in fishing gear are the leading causes of mortality, NOAA Fisheries says.

However, there is concern that regulations to conserve right whales, including seasonal area closures and the added cost for weak rope and inserts and gear marking requirements, have created an added cost burden to lobstermen.

Moulton said he and his office have been working on the legislation with various industry stakeholders, including the Massachusetts Lobstermen’s Association and the Massachusetts Seafood Collaborative.

Read the full story at the Gloucester Times

Lobstermen Praise New Fisheries Legislation

May 20, 2022 — The Massachusetts Lobstermen’s Association praised the passing of legislation that will set up a commission to decide where federal grants for the fisheries will be directed.

The American Fisheries Advisory Committee Act, recently signed into law by President Joe Biden, will call for the establishment of a committee to help determine awards of fisheries research and development grants.

The bipartisan legislation was cosponsored by Senators Ed Markey (D-MA) and Elizabeth Warren (D-MA).

Read the full story at CapeCod.com

Feds institute ’emergency’ lobster closure to protect right whales

March 3, 2022 — The federal government will close an additional 200 square miles off the coast of Massachusetts to lobster and Jonah crab fishing in April to protect endangered right whales.

The National Oceanographic and Atmospheric Administration (NOAA) is closing the area on an “emergency” basis, without taking public comment — a move that frustrates lobstermen already contending with extensive fishing restrictions.

Massachusetts Lobstermen’s Association Executive Director Beth Casoni said she recognized that the “wedge” of federal water is particularly dangerous for right whales.

“If there’s an entanglement of serious injury or mortality attributed to the American lobster fishery, it’s not going to be good for anyone, anywhere,” she said.

But Casoni said she was worried by NOAA closing the waters through an emergency order.

Read the full story at WBUR

Despite threats from fellow fishermen, lobstermen press Mass. to allow ropeless fishing in closed areas

February 1, 2022 — The lobstermen viewed themselves as trailblazers, even calling themselves “Pioneers for a Thoughtful Coexistence.” That was before fellow fishermen threatened to burn their boats and accused them of trying to steal their catch.

In an effort to prove that there’s a way for their industry to resume fishing in coastal waters where Massachusetts banned lobstering to protect endangered whales, they have asked regulators to allow them to set their traps without vertical buoy lines. Those heavy ropes, which connect traps on the seafloor to buoys on the surface, have entangled large numbers of North Atlantic right whales, scientists say, seriously injuring or killing the critically endangered species.

If the state approves their proposal, which has received support from right whale scientists and environmental groups, it would be the first time commercial lobster fishing would be allowed without buoy lines in any state waters.

“I’ve been trying my best to get our guys back fishing,” said Michael Lane, 46, a lobsterman who fishes 800 traps out of Cohasset. “I’ve seen so much taken away from us, for years; it’s nice to finally have the chance to see something going in the right direction. This could be a win for the fishing community.”

To protect right whales, some areas along the coast, such as Cape Cod Bay, have since 2015 been closed to lobster fishing between February and May, when large numbers of them feed in those waters. As the decline of the whales’ population has accelerated — scientists estimate their numbers are down 30 percent in the last decade — federal officials pressured the state to act. As a result, state officials last year expanded the three-month ban on traditional lobster fishing to most of its coastal waters.

“I do not expect to issue a decision for a few more weeks,” said Dan McKiernan, director of the state Division of Marine Fisheries.

He declined to comment on whether he’s inclined to permit ropeless fishing. “I am still gathering information from staff and considering the extensive comments,” he said.

After years of protesting the annual closures, officials at the Massachusetts Lobstermen’s Association urged McKiernan to reject the pioneers’ proposal, arguing that it could lead to “catastrophic” conflicts with other fisheries.

Read the full story at The Boston Globe

Weak rope in short supply as deadline for whale-friendly gear draws near

January 28, 2022 — Lobstermen elsewhere in New England will have to join their Massachusetts counterparts in using weakened rope or special inserts to weaken existing trap rope beginning in May to help protect critically endangered North Atlantic right whales.

The rope and the in-line links, which must break under 1,700 pounds of pressure to help marine mammals break away if they become entangled, need to comply with rules mandated by the National Oceanic and Atmospheric Association. The problem is the rope is short supply.

For Massachusetts fishermen, the required 3/8-inch red and white “candy cane” and 5/16-inch red weak rope manufactured by Rocky Mount Cordage Company in North Carolina, one of two rope makers approved by NOAA, is available only at Rose Marine in Gloucester for those north of Boston or through Ketchum Trap in New Bedford for those south of Boston.

“I know they’re out of stock in Maine, and I just filled an order for the 3/8 rope and sold out,” said Steve Germain of Rose Marine, 375 Main St., on Thursday. “I still have the 5/16 red rope, but the red and white is on back order.” He said he had no estimate on when new stock would arrive.

Lobstermen on Cape Ann and elsewhere in Massachusetts have been using the weakened rope for the past year and a half, said Beth Casoni of the Massachusetts Lobstermen Association.

Read the full story at the Gloucester Daily Times

Massachusetts Lobstermen’s Association files motion to join fight against federal lobster fishing regulations

December 27, 2021 — Maine lobstermen have a new ally in the fight against federal fishing regulations.

The Massachusetts Lobstermen’s Association filed a motion to join the Maine Lobstermen’s Association’s lawsuit, challenging the National Oceanic and Atmospheric Administration’s 10-year right whale protection plan. The plan requires lobstermen to make significant changes to prevent whales from getting tangled in their gear.

The group filed the motion in Washington D.C. District Court, looking to join the lawsuit as a third party.

Massachusetts lobstermen said they want to get involved because they believe federal actions like this could directly impact their livelihoods.

The court still needs to approve the motion.

Some, including Maine’s lobster unions, have claimed the closure by NOAA falls during the peak fishing season.

According to data from the Maine Department of Marine Resources, lobstermen statewide hauled most consistently from July to October last year. They brought in a whopping 20 million pounds in October at peak, before numbers steadily fell back down through January.

Read the full story and watch the video at News Center Maine

 

Lobster lovers feeling the pinch of high prices

June 8, 2021 — Summer weather has arrived, and New England tourists are hungry for a lobster roll or a whole cooked lobster – but they’re going to have to pay up.

Lobster is more expensive than usual this season due to a limited supply, high demand and the reopening of the economy as the nation moves past the coronavirus pandemic. Consumers are headed back to seafood restaurants and markets for the first time in months, and the lobsters there to greet them are at a premium.

Some Maine stores charged $17 or $18 per pound for live lobster in May, and that was about twice the price a year ago. Prices are lingering in the $13 or $14 range this month. Lobster is usually expensive in late spring, but this season has seen prices that are higher than typical.

The wholesale price for live, 1.25-pound lobsters in the New England market was $9.01 per pound on May 1, business publisher Urner Barry reported. That was about $2.70 per pound more than the previous May 1, and the highest price for that date in at least five years, the company reported.

Read the full story from the Associated Press at the Portland Press Herald

Vineyard Wind paying UMass scientists to survey ocean area it’s leasing

May 24, 2021 — The company that intends to build a $2.8 billion offshore wind project south of Martha’s Vineyard is paying the UMass Dartmouth and the Massachusetts Lobstermen’s Association about $2 million a year to survey the sea floor before, during and after construction and see what impact the project has on the ocean.

Vineyard Wind has contracted with the School for Marine Science and Technology to send scientists out on local lobster and fishing vessels to measure, tag and count the lobsters and fish they catch before releasing them back into the ocean. The data they collect will establish a baseline of what sea life inhabits the 167,000 acres of ocean that the company is leasing, as well as an adjacent area for comparison.

“We have a strong interest in using local mariners with local knowledge as much as possible,” said Andrew Doba, a Vineyard Wind spokesman.

Read the full story at the Boston Herald

SEAN HORGAN: Chief Justice Roberts Takes Aim At Antiquities Act

March 30, 2021 — It sounds as if Supreme Court Justice John Roberts thinks the practice of presidents abusing the Antiquities Act, to accomplish what they never could in the usual three-corner offense of American democracy, has gotten old.

Last week, the Supreme Court rejected a petition, with the Massachusetts Lobstermen’s Association as lead plaintiff, that challenged then President Barack Obama’s legal use of the 1906 Antiquities Act to designate the Northeast Canyons and Seamounts Marine National Monument off the coast of Massachusetts.

Viewed through the narrowest of prisms, the Supreme Court no-call was a victory for marine conservationists and another blow to the commercial fishing industry. But viewed with a wider lens, it could also serve as the starting gun for even more challenges to the presidential use of the Antiquities Act to designate monuments and landmarks when all other political measures fail.

The chief justice, according to a Bloomberg Law story, questioned how much scope presidents actually should have under the law “that was intended to protect prehistoric Indigenous artifacts and the smallest area compatible with protection.

“Somewhere along the line, however, this restriction has ceased to pose any meaningful restraint,” Roberts wrote. “A statute permitting the president in his sole discretion to designate monuments ‘landmarks,’ ‘structures,’ and ‘objects’ — along with the smallest area of land compatible with their management — has been transformed into a power without any discernible limit to set aside vast and amorphous expanses of terrain above and below the sea.”

Court watchers and the legal community were agog. This, they said, almost never happens. Color us agog, too.

“Fishing groups opposed to the Northeast canyons monument are disappointed the court refused to hear the case,” the Bloomberg Law story stated, adding though that Roberts’ statement was being viewed by the industry (well, its lawyers) as a silver lining.

“It’s a big deal for the chief to file a statement like that,” Jonathan Wood, senior attorney at the Pacific Legal Foundation, who represented the fishing interests. “I read it basically inviting similar cases. It’s trying to send a signal to the Supreme Court bar of, ‘This is an issue I’m interested in. Start bringing me the cases’.”

We here at FishOn have never been to the Supreme Court bar, but we too would like them to start bringing us some cases. Start with the Jameson and we’ll work our way around the dial.

Read the full opinion piece at the Gloucester Daily Times