September 21, 2026 — U.S. Senator Angus King (I-Maine) and U.S. Senator Susan Collins (R-Maine) wrote a joint letter to the heads of the U.S. Senate Commerce Committee asking them to take action on the Northeast Lobstermen Protection Act, legislation introduced by U.S. Representative Jared Golden (D-Maine).
If passed, the legislation would extend a moratorium on new regulations of the lobster industry related to North Atlantic right whale regulations through 2035.
September 11, 2026 — In a move that could have dramatic impacts on the ocean, the federal government wants to remove some protections and modify others for a host of marine life − including sea turtles and North Atlantic right whales off the North Carolina coast − to help revitalize the American seafood industry.
Calling the layers of bureaucracy and red tape commercial fishermen now have to navigate unwieldy and economic anchors, the Trump administration wants to cut back rules and regulations fishermen have to follow to protect endangered species and open protected marine areas to fishing.
But environmentalists and biologists fear the moves could seriously hurt some marine species that are teetering on the edge of extinction or only now showing signs of recovery after decades of recovery efforts.
September 8, 2026 — The following opinion was published by Samuel Blatchley:
Three years ago the D.C. Circuit told the National Marine Fisheries Service it could not build a biological opinion on worst-case assumptions. Last week the agency wrote that principle into its own priorities.
In Maine Lobstermen’s Ass’n v. National Marine Fisheries Service, 70 F.4th 582 (D.C. Cir. 2023), the court held that the Service may not, when faced with uncertainty, give the benefit of the doubt to an endangered species by relying on worst-case scenarios or pessimistic assumptions. The ESA calls for an empirical judgment about what is likely. The effects of an action are those reasonably certain to occur, found on clear and substantial information. Projections the agency itself concedes are very likely wrong do not meet that standard. The court reversed, directed judgment for the lobstermen, and ordered the biological opinion vacated as applied to the lobster and Jonah crab fisheries. I was on the case for the Massachusetts Lobstermen’s Association, alongside the Maine Lobstermen’s Association, the State of Maine, and Lodge 207. Our clients were facing regulations that would have taken jobs and boats out of the water.
Two things happened last week that build on it.
On September 1 the House passed H.R. 9436, the Northeast Lobsterman Protection Act, 219 to 196, extending the current regulatory pause for the lobster and Jonah crab fisheries from 2028 to 2035. The Administration issued a statement strongly supporting passage. It now goes to the Senate.
On September 2 NOAA Fisheries issued its agency-level priorities. On the Northeast lobster fishery, the agency states it will not mandate ropeless gear, that any decision support tools or models used by the Take Reduction Team must be independently and empirically reviewed, and that any future Atlantic Large Whale Take Reduction Plan will rest on best available data rather than worst-case scenario modeling.
That last clause applies the principle the court enforced in 2023, and returns the agency to the position it had taken itself in 2019 before the biological opinion abandoned it.
Worth keeping the distinction clear. The bill would change a statute. The priorities document is a policy statement that amends nothing and can be withdrawn. What lasts is the record. The Take Reduction Team is building the file the next rule will stand on, and how its models get vetted will matter long after the announcement does.
Common sense science is not a slogan. It is what the statute already required, and what it took a court to enforce. The Senate should pass H.R. 9436, and the agency should be held to the standard it has now stated, so the next rule protects both the whale and the communities that fish alongside it.
#FisheriesLaw #Lobster #EndangeredSpeciesAct #RightWhale #AdministrativeLaw
Samuel P. Blatchley is a maritime, fisheries, and insurance attorney and Proctor in Admiralty at Eckland & Blando LLP, where he represents vessel owners, commercial fishermen, marine businesses, insurers, and industry organizations in complex litigation, regulatory matters, marine casualties, coverage disputes, and commercial disputes throughout the United States. His practice includes federal admiralty litigation, fisheries and environmental regulation, marine insurance, limitation of liability, vessel arrests and maritime liens, and matters involving NOAA Fisheries and other federal and state agencies. He has represented fishing-industry interests in significant state and federal litigation, including the D.C. Circuit challenge to NOAA Fisheries’ North Atlantic right whale regulations on behalf of the Massachusetts Lobstermen’s Association. Blatchley is admitted to practice in Massachusetts, Rhode Island, Maine, and New York and is a graduate of Tulane University Law School, where he earned a Maritime Law Certificate and served on the Tulane Maritime Law Journal.
September 3, 2026 — The U.S. House has passed a bill that would delay the start of new federal regulations intended to protect critically endangered North Atlantic right whales.
The bill, known as the Northeast Lobsterman Protection Act, would extend an existing moratorium on new federal rules for fishermen until 2035.
The current moratorium, which was championed by Maine’s congressional delegation and inserted into a 2023 budget measure, is set to lift at the end of 2028.
The National Oceanic and Atmospheric Administration recently announced the beginning of a public comment period intended the launch discussions about new federal regulations, which the agency said must be in place by the last day of 2028.
September 3, 2026 — The U.S. House of Representatives Tuesday passed a bill to extend the pause on federal lobster rules in a 219-196 vote.
If passed by the Senate, the bill — introduced by Reps. Jared Golden (D-Maine) and Michael Lawler (R-New York) in June — would continue shielding lobstermen from new regulations to protect North Atlantic right whales until 2035.
In a statement, Golden described it as a win not only for the Maine fishing industry, but also for bipartisan work in Congress.
“While the threat of unnecessary, industry-killing regulations is a matter of survival for lobster harvesters in Maine, the issues at play affect fishermen across the Northeast,” Golden said. “Building bridges across party lines is essential for a functional Congress, but unfortunately, it’s a skill that has been lost for far too many members.”
September 2, 2026 — The U.S. House of Representatives voted to extend a moratorium on new lobster regulations related to North Atlantic right whales through 2035.
“Maine’s iconic lobster fishery contributes billions of dollars to the U.S. economy and employs thousands of Mainers. Unfortunately, the men and women who work the fishery have dealt with extreme regulatory uncertainty that threatens to stifle lobster fishing,” House Committee on Natural Resources Chairman Bruce Westerman (R-Arkansas) said in a release.
September 2, 2026 — The U.S. House of Representatives has passed H.R. 9436, legislation that would extend the current pause on new North Atlantic right whale regulations affecting the lobster and Jonah crab fisheries through 2035.
The Northeast Lobsterman Protection Act of 2026 passed the House on Sept. 1 by a 219-196 vote. The bill would extend the existing regulatory pause from its current expiration at the end of 2028 to Dec. 31, 2035.
The legislation has drawn support from Northeast commercial fishing organizations, which argue additional time is needed for ongoing research and technology development to inform future whale regulations. Conservation groups, meanwhile, say the extension would delay measures they believe are necessary to reduce the risk of serious injury and mortality to the critically endangered North Atlantic right whale.
The New England Fishermen’s Stewardship Association (NEFSA), which urged lawmakers to pass the measure ahead of the House vote, welcomed its passage.
“The New England Fishermen’s Stewardship Association strongly supports passage of H.R. 9436,” Jason Joyce, NEFSA’s director of advocacy, said in a statement provided to National Fisherman.
August 31, 2026 — A bill that would extend the current pause on the new North Atlantic right whale regulations affecting the lobster and Jonah crab fisheries until 2035 is moving toward a vote in the U.S. House, with fishing industry groups renewing calls for lawmakers to pass the measure.
H.R. 9436, the Northeast Lobsterman Protection Act, would extend the existing regulator pause from its current 2028 expiration to 2035. The legislation was introduced by Rep. Mike Lawler, R-New York, and Rep. Jared Golden, D-Maine.
As National Fisherman reported in July, the House Natural Resources Committee advanced the bill in a bipartisan 22-13 vote on July 15. The committee has since formally reported the legislation, and it is moving toward consideration by the full House.
The New England Fishermen’s Stewardship Association (NEFSA), one of several commercial fishing organizations supporting the extension, sent a letter to Congress ahead of the expected House consideration urging lawmakers to pass the bill.
“As H.R. 9436 comes before the full House, we respectfully ask you to support its passage and to help ensure that this bipartisan committee-supported legislation moves forward without delay,” NEFSA Vice President John Drouin wrote to Congress.
August 18, 2026 — This story is part three of a three-part series. Read about how we are listening for North Atlantic right whales with passive acoustics, monitoring them with aerial surveys, and using boats, drones, uncrewed surface vehicles and satellites to learn as much as we can about them and their habitat. In the Northeast, we work with many partners to track right whales, including mothers and calves, using advanced technology to help inform actions that reduce risks to the species.
Passive acoustic monitoring and aerial surveys can provide critical information about endangered North Atlantic right whales. But to assess their health, you need to get closer. That’s why we use these techniques in tandem with vessel surveys. From the water, scientists conduct drone photogrammetry, take biopsies and photographs, and even collect breath samples. Our team flies drones and takes samples from the R/V Selkie, a 23-foot boat, in Cape Cod Bay in the spring and in the Southeast over the winter.
Taking and analyzing specialized photos using a drone is called photogrammetry. It allows scientists to measure calf growth rates and check on mother right whales’ health. Mothers nurse their calves but do not eat while they are in the Southeast, so they lose blubber until they start feeding again in the Northeast. Our team gets a longer time series by sampling both in the Southeast calving grounds and Northeast feeding grounds. They also use drone imagery to examine scarring and entanglements. Our team processes the photos using an open source software called MorphoMetriX .
Our vessel survey teams also collect right whale biopsy samples. Along with state partners, they biopsied all but one of the 23 newborn calves this season. Samples provide critical information about the genetics of the calves. Genetics allow us to identify individuals and trace family relationships. These samples can also inform scientists about the health of the calf. That information is added to the North Atlantic Right Whale Catalog.
To biopsy a whale, scientists slowly approach within 30 feet on a small boat and use a specialized hollow biopsy dart discharged by a crossbow. They collect a small sample of skin and blubber—about 1 inch long and the diameter of a pencil. The dart floats, allowing scientists to easily retrieve it for genetic and health analysis. The samples are quickly flash frozen aboard the boat. Ultimately, the samples are stored at the National Institute of Standards and Technology lab in Charleston, South Carolina. They are available for many types of ‘omics research studies. The team hopes that long-term preservation will enable researchers to do the most good for right whales.
August 17, 2026 — Federal fisheries officials are beginning a process that could eventually lead to new fishing restrictions along the East Coast designed to protect native whale species.
The National Marine Fisheries Service, part of the National Oceanic and Atmospheric Administration, announced Aug 14 that it intends to conduct an environmental review of potential changes to the Atlantic Large Whale Take Reduction Plan. The plan is intended to reduce deaths and serious injuries of North Atlantic right whales, humpback whales, and fin whales caused by entanglements in commercial trap/pot and gillnet fishing gear along the East Coast.
NMFS stresses that Friday’s publication merely begins a public comment process and is not a proposed federal rule.