Saving Seafood

Maine Lobstering Union Lands Injunction to Halt Right Whale Lobster Fishing Area Closure

October 19, 2021 — The Maine Lobstering Union (MLU) was granted emergency relief by U.S. District Judge Lance E. Walker on October 16 to halt an impending closure of a lobster fishing area off Maine.

The closure was set to be implemented as part of the National Marine Fisheries Service (NMFS)’s Atlantic Large Whale Take Reduction Plan Modifications announced at the end of August.

After learning of the closure, the MLU, along with other industry groups including the Maine Lobstermen’s Association (MLA), sued the NMFS over the right-whale related rule changes.

According to the MLU, the closure would have impacted a large area of “prime lobstering territory.”

Read the full story at Seafood News

 

U.S. waterways plan draws lawsuit over species impacts

October 13, 2021 — A U.S. plan to expand the commercial use of navigable waterways increases risks to already imperiled species like the North Atlantic right whale, an environmental group claims in a lawsuit filed in Newport News, Virginia federal court on Tuesday.

The Center for Biological Diversity accuses the U.S. Maritime Administration, part of the Department of Transportation, of violating the Endangered Species Act (ESA) with its America’s Marine Highway program by failing to consult with the Fish and Wildlife Service and the National Marine Fisheries Service to ensure the program does not jeopardize species protected under the statute.

The Center for Biological Diversity says that many of the marine highways are located in critical habitats for ESA-listed species, including humpback whales and leatherback sea turtles.

Read the full story at Reuters

Maine lobster industry decries lack of clarity on enforcement of new whale-protection rules

October 12, 2021 — State and federal regulators say they are prepared to enforce the 967-square-mile area of the Gulf of Maine that will be closed to traditional lobstering for the next three months but have been tight-lipped about what the enforcement will look like or what the penalties might be for anyone who is found in violation of the closure area.

Environmentalists, who support the closure designed to help protect critically endangered North Atlantic right whales from becoming entangled in lobstering gear, say the lack of details isn’t surprising, but Maine lobster industry officials are frustrated by the silence.

According to Patrice McCarron, executive director of the Maine Lobstermen’s Association, the industry is still grappling with trying to understand why the area is even going to be closed in the first place. The closure goes into effect Oct. 18. 

“Now it’s happening and we’ve had zero correspondence on what the rules of operation will be, what the enforcement will be,” she said. “The entire closure has literally fallen from the sky, and we’ve been given very little information and (told) to get out of there. … Everything I’ve seen is Oct. 18, here’s the box (outlining the closure area), get your gear out.”

Read the full story at the Portland Press Herald

 

Maine Lobstermen’s Association: Maine lobstermen frustrated by whale rules

October 7, 2021 — On Aug.31, the National Marine Fisheries Service released the long-awaited final rule which outlines measures for the Northeast lobster fishery to reduce the risk of entangling right whales by 60 percent. The Maine Lobstermen’s Association is committed to action to recover the North Atlantic right whale, but the species cannot rebuild without a conservation plan supported by scientific evidence and comparable measures implemented in Canada and the U.S. shipping industry. The MLA remains extremely concerned that NMFS is placing an unwarranted burden on the Maine lobster fishery.

The U.S. lobster fishery implemented new regulations more than a decade ago which have reduced known right whale entanglement in U.S. lobster gear by 90 percent.

“According to NMFS data, the Maine lobster fishery has not had a documented entanglement with a North Atlantic right whale in over 17 years and has never been known to kill or seriously injure a right whale,” said Patrice McCarron, executive director of the MLA.

By comparison, an historic number of right whales have died in Canadian waters over the past five years, and Canada has yet to implement protections comparable to the U.S. Moreover, the most current, best available scientific evidence documents a change in right whale migration patterns away from Maine waters and into Canada and other areas.

Read the full article at National Fisherman

 

Maine Lobstering Union Files Suit for Emergency Relief Against NMFS

October 4, 2021 — The Maine Lobstering Union (MLU) became the latest from the lobster industry to file a federal lawsuit against the National Marine Fisheries Service (NMFS) due to the Atlantic Large Whale Take Reduction Plan Modifications announced on August 31.

The MLU filed a civil action in the United States District Court for the District of Maine, seeking emergency relief related to fishing ground closures that will come into effect due to the recent modifications. Fox Island Lobster Company of Vinalhaven and Frank Thompson, a sixth-generation fisherman, who together with his wife Jean, own and operate Fox Island; and the Damon Family Lobster Company of Stonington are also Plaintiffs on the case.

The Complaint names as Defendants the Secretary of the United States Department of Commerce, and the Assistant Administrator of the National Oceanic and Atmospheric Administration, and NMFS.

Read the full story at Seafood News

 

Oceana filing with USMCA demands US federal action on right whales

October 4, 2021 — Non-governmental organization Oceana announced on 4 October it has filed the first-ever Submission on Enforcement Matters against the U.S. government under the recent United States-Mexico-Canada Agreement (USMCA).

Signed in 2019, the USMCA is a free-trade agreement between the three countries that includes mechanisms such as the Commission for Environmental Cooperation (CEC). Under the new agreement, a person or organization can file a “Submission on Enforcement Matters” with the CEC if one of the three countries in the USMCA is not enforcing its environmental laws.

Read the full story at SeafoodSource

 

Whale Protection Regulations Criticized by Opposing Sides

September 29, 2021 — New federal regulations meant to protect endangered North Atlantic right whales are set to be instituted soon.

But they’re facing opposition from the Maine Lobstermen’s Association despite endorsement by marine animal experts, and also being criticized as not stringent enough by environmentalists.

The association has filed a lawsuit against the National Marine Fisheries Service and the U.S. Secretary of Commerce over the 10-year whale protection plan.

It includes regulations like state-specific gear marks, more traps between buoy lines, more seasonal closure areas and requiring weaker ropes that the whales can break.

Read the full story at CapeCod.com

New tool maps birds, fish in offshore wind areas

September 23, 2021 — While federal and state officials eagerly pursue a rapid and significant deployment of offshore wind turbines to generate cleaner power along the East Coast, scientists and advocates on Wednesday unveiled a new mapping tool designed to give developers, regulators and the public a better sense of the natural resources below the surface in the neighborhood of proposed wind projects.

Last year, the U.S. offshore wind pipeline grew by 24 percent with more than 35,000 megawatts now in various stages of development, the U.S. Department of Energy said in its latest offshore wind market report. Massachusetts has authorized up to 5,600 MW and so far has contracted for about 1,600 MW of offshore wind power. But even before the first turbine is installed, the industry is facing headwinds from two federal lawsuits that focus on the protection of endangered species like the North Atlantic right whale and commercial fishing interests.

The marine mapping tool rolled out Wednesday by The Nature Conservancy covers the coast from Maine through North Carolina and includes information about the makeup of the seafloor, the fish and invertebrates that live near the bottom of the ocean in a given area, the marine mammals that frequent a chosen swath of ocean, the bird species that are known to be in the area and more. The tool allows a user to compare data from different times of the year and incorporates historical data as well.

Read the full story at WWLP

 

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

 

Bipartisan group of 151 Maine legislators call on Biden to rescind new lobster fishing regulations

September 10, 2021 — State legislators have submitted a letter to President Joe Biden requesting that his administration take steps to immediately rescind new regulations on lobster fishing.

The new regulations, which are intended to protect the endangered North Atlantic right whale, were announced on Aug. 30 by the National Oceanic and Atmospheric Administration.

Maine lawmakers are now asking federal agencies to re-engage with the state of Maine to find a different path forward. Rep. Billy Bob Faulkingham, R-Winter Harbor, a lobster fisherman, initiated the letter. It includes signatures from 151 Republican, Democrat, and Independent state legislators from across Maine.

Read the full story at News Center Maine