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Maine Delegation Urges Commerce Secretary to Protect Lobster Fishery

August 24, 2021 — The following was released by The Office of Senator Susan Collins (R-ME):

U.S. Senators Susan Collins and Angus King and Representatives Chellie Pingree and Jared Golden have sent a letter to Commerce Secretary Gina Raimondo, urging her to ensure that the National Marine Fisheries Service’s Atlantic Large Whale Take Reduction Rule does not include last minute changes that would significantly harm the livelihoods of communities that depend on fishing and lobstering without meaningfully protecting whales. In their letter, the Maine Delegation emphasize that many measures have been crafted after years of negotiation and careful consultation with Maine’s Department of Marine Resources (DMR) to protect the coastal Maine communities that rely on the lobster fishery. The Delegation specifically cites potential changes to regulations on gear marking, closures of valuable fishing areas, and enforcing dangerous one-size-fits-all approaches on gear configurations as risks that could endanger livelihoods and safety for Maine’s lobstering communities.

“We are getting in touch with you once again about the National Marine Fisheries Service’s (NMFS’s) Atlantic Large Whale Take Reduction Rule (RIN: 0648-BJ09), the finalization of which we understand to be imminent,” wrote the Delegation. “We are grateful for your previous engagement with us over our concerns about this new regulation’s ability to meaningfully protect whales and its impact on those who depend on fishing, especially lobstering, for their livelihoods. We are now asking for your assistance to avoid hasty, late-breaking changes by NMFS to measures that have been extensively negotiated and carefully designed in consultation with Maine’s Department of Marine Resources (DMR) and broad outreach to stakeholders. These changes, as indicated by the Final Environmental Impact Statement (FEIS), add significant costs to the industry without corresponding gains in conservation and seriously undermine conservation partnerships at state and local levels.

“As you know, this rule builds on over two decades of collaborative whale conservation efforts and is the specific product of massive stakeholder input and data analysis in recent months and years,” the Delegation continued. “Despite this long timeline and vast effort, we and many of our constituents are deeply concerned about three specific elements of the rule, which we have outlined below. We have also shared these views with Shalanda Young, Acting Director of the Office of Management and Budget (OMB), and we urge you to direct NMFS staff to engage with their counterparts at the Office of Information and Regulatory Affairs (OIRA) to ensure this opportunity for good public policy making and consideration of informed public comment is not squandered in the midnight hour.”

The Maine Delegation has been steadfastly opposed to undue burdens that would threaten the lobster fishery – an important economic driver for Maine – without meaningfully protecting whales. The Delegation has urged President Joe Biden to act on his pledge to protect lobstermen’s livelihoods, citing the lack of data to support claims that the lobster fishery presents an extreme risk to whales compared to other marine activities such as ship strikes.

The Maine Delegation’s full letter can be downloaded HERE.

NMFS planning new whale protections for Atlantic gillnet and trap fisheries

August 20, 2021 — NMFS officials are beginning a second phase in their drive to reduce fishing gear entanglement risks to endangered Atlantic right whales, fin whales and humpback whales, focusing next on East Coast pot and gillnet fisheries.

The first phase, focused on the Northeast lobster and Jonah crab trap fisheries, is under review is currently at the NOAA Office of Information and Regulatory Affairs, and agency officials say it will be finalized soon. That part of the plan will bring new requirements for weak links, gear marking, seasonal area closures and minimum number of traps per trawl.

Similar measures would be developed for the other fixed gear fisheries, and NMFS is opening a scoping period Sept. 9 through Oct. 21 to solicit input and information from fishermen and other stakeholders. A schedule released this week sets dates for 6:30 p.m. to 8:30 p.m. online webinars.

Read the full story at National Fisherman

THE POST AND COURIER: The feds told us to slow down for right whales; federal vessels should, too

August 20, 2021 — Here’s an instance of the hypocrisy that too often gives the federal government a bad name, and it’s a whale of an example.

On one hand, the federal government has established the vessel speed rule that limits the speed of vessels in certain parts of the Atlantic Ocean to lessen any chance that these ships will strike and harm a critically endangered North Atlantic right whale. On the other hand, the federal government has exempted its own fleet.

In other words, Uncle Sam is telling us: Do as I say, not as a I do. It might seem like a small matter, but it would be easy to change. And important to change, too. Because it’s clear more must be done to protect these creatures.

A recent report from the nonprofit conservation group Oceana found that almost 90% of all vessels passing through the ocean between Wilmington, N.C., and Brunswick, Ga., exceeded the 10-knot speed limit. That was the highest percentage along the East Coast. (The area off the Port of New York and New Jersey was next, with almost 80% of vessels there going more than the speed limit.)

While it’s unclear exactly how many of these speeding vessels are federally owned, some certainly were. The fastest one clocked was a U.S. Navy ship going almost 40 knots.

This much is clear: The faster the vessel, the greater the chance of it colliding with a right whale. Such collisions are among the leading causes of injury and death for the species (another being entanglement with fishing gear).

Read the full opinion piece at The Post and Courier

MAINE: Commerce secretary asked to reject lobster fishery closure

August 19, 2021 — Maine’s congressional delegation is calling on the U.S. secretary of commerce to reject a petition calling for seasonal closures in parts of Maine’s lobster fishing industry.

They sent a letter Wednesday asking the secretary to reject a petition that was recently submitted by the Pew Charitable Trusts for interim regulations to protect right whales.

The delegation’s statement said for the Downeast Maine closure alone, Pew’s proposal is estimated to reduce the risk to whales by just 1.7 percent, while causing $22 million in losses for local lobstermen.

Read the full story at WFVX

Phase 2 of Atlantic Large Whale Take Reduction Plan Modifications

August 18, 2021 — The following was released by NOAA Fisheries:

We are proposing to modify the Atlantic Large Whale Take Reduction Plan (Plan) to reduce the incidental mortality and serious injury to North Atlantic right whales (Eubalaena glacialis), fin whales (Balaenoptera physalus), and humpback whales (Megaptera novaeangliae) in U.S. East Coast gillnet, Atlantic mixed species trap/pot, and Mid-Atlantic lobster and Jonah crab trap/pot fisheries to meet the goals of the Marine Mammal Protection Act and the Endangered Species Act. These modifications are Phase 2 of our efforts to reduce risk to North Atlantic right whales and other large whales from U.S. commercial fisheries.

Phase 1 addresses the Northeast lobster/Jonah crab trap/pot fishery, and is currently in review at the Office of Information and Regulatory Affairs. We expect it to be finalized shortly. Please check the Plan page for updates.

We are requesting input and ideas for Phase 2 of our efforts to reduce the risk of entanglement to right, humpback, and fin whales in U.S. commercial fisheries managed under the Plan. As detailed below, stakeholders can participate by attending virtual meetings, calling in by phone on certain days, or sending written comments by email.

The scoping period runs through October 21, 2021.

Find out more about scoping.

Scoping Meetings Begin September 9, 2021

Scoping meetings will be held via webinar, and will be from 6:30-8:30 p.m. on the days listed below. Days are designated for areas and gear types, though anyone is welcome to attend any meeting and may submit input on any regions/gear types at each meeting. Meetings will be recorded. To register for a webinar, visit our events page.

  • Thursday, September 9, 2021: Delaware, Maryland, Virginia and Northern North Carolina Trap/Pot Fisheries
  • Tuesday, September 14, 2021: Rhode Island, Connecticut, New York, and New Jersey Trap/Pot Fisheries
  • Tuesday, September 21, 2021: Maine, New Hampshire, Massachusetts, and Rhode Island Trap/Pot Fisheries
  • Thursday, September 23, 2021: Rhode Island, Connecticut, New York, and New Jersey Gillnet Fisheries
  • Tuesday, October 5, 2021: Southern North Carolina, South Carolina, Georgia, and Florida Trap/Pot and Gillnet Fisheries
  • Tuesday, October 12, 2021: Maryland, Delaware, Virginia, and Northern North Carolina Gillnet Fisheries
  • Thursday, October 14, 2021: Maine, New Hampshire, Massachusetts, and Rhode Island Gillnet Fisheries

Read the full release here

More fishing rules may change to protect whales

August 18, 2021 — In its first phase of recommended actions to help protect the endangered North Atlantic right whale, the federal Large Whale Take Reduction Team instituted sweeping changes in the rules governing the Northeast lobster and Jonah crab fisheries to help reduce gear entanglements.

Now, the team is turning its attention to other fisheries in the Northeast and Mid-Atlantic as its begins the second phase of rule-making to establish wide protections for right whales, other whales and sea turtles.

NOAA Fisheries filed notice on Aug. 11 of its intent to prepare an environmental impact statement and request public comment as vanguard steps toward amending the Atlantic Large Whale Take Reduction Plan to help the species rebound from its current decline.

The second phase is expected to significantly impact a number of commercial gillnet fisheries in New England and elsewhere along the East Coast, including monkfish, spiny dogfish, skate and other groundfish fisheries.

Read the full story at the Gloucester Daily Times

Lobster boat tracking coming to protect whales, fishery

August 16, 2021 — America’s lobster fishing businesses could be subjected to electronic tracking requirements to try to protect vulnerable right whales and get a better idea of the population of the valuable crustaceans.

An arm of the Atlantic States Marine Fisheries Commission, an interstate regulatory authority, said this month it is considering implementing the tracking requirements for lobster boats that have federal permits. The rules would also apply to boats that harvest Jonah crabs, which are the subject of another important New England fishery.

The tracking devices would record the location of the vessel while it is fishing, said Caitlin Starks, a fishery management plan coordinator with the commission. That would provide regulators with better data to get an idea of where in the ocean lobsters are located, she said.

The new rules could also help protect North Atlantic right whales, which number only about 360, Starks said. The whales are vulnerable to entanglement in fishing gear, which can cause them to drown. They’ve been listed as endangered under the Endangered Species Act for more than 50 years and have suffered poor reproduction and high mortality in recent years.

New federal rules are coming to the lobster fishery soon to help protect the whales. Federal officials have said they will focus on reducing the number of vertical ropes in the water. They’re also expected to modify restricted areas of ocean.

Read the full story from the Associated Press at The Seattle Times

Safe Boating Means Safe Fishing. Avoid Whales.

August 12, 2021 — The following was released by NOAA Fisheries:

The Atlantic Large Whale Disentanglement Network has received an uptick in reports of humpback whales hooked or entangled in monofilament and tuna fishing gear. This notice is to remind boaters and fishermen that fishing too closely to whales is dangerous for you, your passengers, and the whales. Getting too close can result in whales being struck, vessels damaged, and gear loss when whales get entangled or hooked in fishing gear. Additionally, injuring or potentially injuring a whale is a violation of the Marine Mammal Protection Act, the federal law that protects all marine mammals from human activity that negatively impacts their ability to live and thrive naturally.

While many monofilament entanglements are shed over time, some of these entanglements can be detrimental to the animals. Any puncture of the skin in the marine environment leaves vulnerable animals open to infection— particularly stressed animals that have had previous entanglements or injuries, and calves.

Experienced fishermen don’t troll or cast near feeding whales, because they know tuna aren’t going to get caught up in the bubble clouds or aggregations of feeding whales. These fishermen know that approaching humpback whales* closer than 100-300 feet is not worth the risk.  If you happen to hook a whale with your gear or hit one with your boat, report it right away to NOAA’s Greater Atlantic Marine Animal Reporting Hotline: 866-755-NOAA (6622) or to the US Coast Guard.

*North Atlantic right whales are protected by federal regulations that prohibit vessels from approaching within 500 yards (1500 feet) of right whales, with limited exceptions. If a right whale is sighted within the 500 yard buffer, then the vessel must depart the area immediately unless they are a commercial fishing vessel in the act of hauling back gear.

Read the full release here

Right whale advocates’ billboard asks if lobster is “whale-safe” 

August 10, 2021 — As drivers head through Massachusetts to Vacationland on their way to scenic Mount Desert Island and the wonders of Acadia National Park, they may see a sight that would get a lobsterman’s blood boiling.   

Mainers Guarding Right Whales, a nonprofit organization that says its mission is to help save the critically endangered North Atlantic right whale from extinction, has launched a new campaign with a billboard that asks, “Is your lobster whale-safe?”   

Readers are prompted to text a number that tells them that there is no certification program that ensures Maine lobster is “whale-safe” and that the organization calls for the implementation of “ropeless” fishing, a technology that takes vertical ropes out of the water column. The technology has not made its way to wide commercial use.    

“We believe if we can educate and inform travelers about the near extinction of right whales and the cause, they will take action and help protect the whales,” said Barbara Skapa, the founder and executive director of Mainers Guarding Right Whales. “The fishing industry in Maine has a long history of adapting to change in the face of new challenges, and we believe with the right support it will do just that. The biggest challenge is that ropeless technology is costly and requires sustained governmental subsidization to equip Maine’s lobster fisheries.”  

Read the full story at the Mount Desert Islander

Speeding ships in the Chesapeake Bay endanger rare right whales, environmentalists report

August 9, 2021 — Most ships moving through the Chesapeake Bay don’t slow down as required to protect the endangered North Atlantic right whale, environmentalists said in a new report.

About 64% of vessels in the area don’t comply with speed rules designed to allow boat drivers to see and veer around the whales susceptible to strikes — sometimes going up to four times the required speed, according to the report released recently by conservation nonprofit Oceana. Cargo ships were the worst offenders.

There are fewer than 400 North Atlantic right whales left, according to the National Oceanic and Atmospheric Administration, making them one of the most endangered marine mammals on the planet.

They were named for being the “right whale” to kill during the whaling era, said Whitney Webber, Oceana’s campaign director. They were easy to pursue and their thick layer of blubber — used for oil — kept them afloat after killing, according to the North Atlantic Right Whale Consortium.

Read the full story at The Virginian-Pilot

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