Saving Seafood

Federal rules are sinking Maine’s lobster industry

October 25, 2021 — As a lifelong Maine lobsterman, I understand the inherent dangers of my job. I keep watch on the forecast knowing that sudden weather changes can make the difference between a successful day at work and putting my crew’s life at risk. These days, however, the hazard posed by Mother Nature does not compare with the perfect storm of regulations coming out of Washington that threaten my job, our way of life and may eventually sink a fishery that has supported communities and generations of families here in Maine.

In May, National Marine Fisheries Service released a nearly 1,000-page document outlining a 10-year plan that mandates a seemingly unreachable goal to reduce risk from our industry to the endangered North Atlantic right whale by 98 percent. This not only affects me, but nearly 10,000 other men and women who make their living hauling traps.

The fisheries service rolled out the first phase of this plan in August, requiring new gear modifications to add more traps to each buoy line while simultaneously making each line weaker. These measures reduce risk by removing a lot of rope from the ocean and help any entangled right whale to break free from the lines that remain, but they will most certainly make a lobsterman’s already dangerous job even more so.

Recently, a federal judge in Bangor temporarily delayed a seasonal closure of more than 950 square miles of prime lobstering ground off Maine. While we are relieved with this decision, the proposed closure reflects just one in a long line of decisions in the government’s plan that is supposed to protect right whales. The problem is this misguided plan takes aim at the wrong target and may destroy our industry while doing little to help protect the whale.

Read the full opinion piece at the Bangor Daily News

 

Endangered Whale Population Sinks Close to 20-Year Low

October 25, 2021 — A type of whale that is one of the rarest marine mammals in the world lost nearly 10% of its population last year, a group of scientists and ocean life advocates said on Monday.

The North Atlantic right whale numbered only 366 in 2019, and its population fell to 336 in 2020, the North Atlantic Right Whale Consortium said. The estimate is the lowest number in nearly two decades.

Right whales were once abundant in the waters off New England, but were decimated during the commercial whaling era due to their high concentrations of oil. They have been listed as endangered by the U.S. government for more than half a century.

The whales have suffered high mortality and poor reproduction in some recent years. There were more than 480 of the animals as recently as 2011. They’re vulnerable to fatal entanglement in fishing gear and collisions with large ships, and even when they survive, they often emerge less fit and less able to feed and mate, said Scott Kraus, chair of the consortium.

Read the full story from the Associated Press at US News & World Report

Judge is right that more data needed before part of ocean put off limits to lobster harvesting

October 22, 2021 — A federal judge’s order last week to temporarily stop the planned closure of a large swath of the Gulf of Maine to lobster fishing is welcome news to Maine’s lobster industry, but also to those who believe that data should guide decisions about protecting endangered North Atlantic right whales.

In August, federal fisheries regulators announced new rules for lobster fishing gear and the closure of 950 square miles of ocean about 30 miles off the coast from Mount Desert Island to Casco Bay to traditional lobster fishing from October to January. Ropeless fishing, a new and largely untested way of setting and retrieving traps using a smartphone, would still be allowed in this area under the rules. The closure was set to go into effect this week.

The new regulations came despite years of pleas from lobstermen, Maine elected officials and this editorial board that any decisions about measures to be taken to protect the whales needed to be made based on actual data about where and how whales are being injured, entangled and, too often, killed.

Without better data, Maine’s lobster industry was being asked to make substantial — and costly — changes that may not have addressed the biggest threats to right whales. Other threats include collisions with shipping vessels.

Read the full editorial at the Bangor Daily News

 

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