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Lobster industry still waiting for precise rules from feds to protect right whales

June 1, 2021 — Maine’s lobster fishermen are anxiously waiting to learn exactly what they will have to change to meet new federal requirements to protect the endangered right whale. On Thursday, the federal agency NOAA Fisheries released their final biological opinion about the threat to right whales, saying there have to be major changes by New England fishermen so whales won’t get tangled in fishing gear and die.

Fishermen have been worrying about and waiting for federal guidelines for more than two years. They had some of their fears confirmed by the latest report from NOAA, but still are waiting to get the needed details.

The big target to protect whales is called risk reduction, primarily by cutting the number of vertical ropes in the water that connect traps to buoy.

The National Marine Fisheries Service, part of NOAA Fisheries, said those ropes pose a big risk of tangling right whales, so they have to be reduced 60 percent right away. How that should happen is one of the details fishermen are waiting to learn, but previous documents from NMFS suggested a primary method should be requiring longer trawls, meaning putting many more traps on each line, in addition to using sections of weaker rope that can break away if snagged by a whale.

Patrice McCarron, executive director of the Maine Lobstermen’s Association said Maine is being unfairly penalized for whale deaths actually happening in Canada and those from whales being hit by ships at sea. She said that while lobstermen will have to follow the rules, the industry will continue to pressure NMFS to improve its data and create more fair regulations.

Read the full story at News Center Maine

NOAA Fisheries Releases Final “Batched” Biological Opinion & North Atlantic Right Whale Conservation Framework

May 27, 2021 — The following was released by NOAA Fisheries:

Today, NOAA Fisheries released its Endangered Species Act (ESA) section 7 Biological Opinion on the authorization of eight federal fisheries management plans under the Magnuson-Stevens Fishery Conservation and Management Act, two interstate fishery management plans under the Atlantic Coastal Fisheries Cooperative Management Act, and the implementation of the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2. We also released the North Atlantic Right Whale Conservation Framework for Federal Fisheries in the Greater Atlantic Region (Conservation Framework). NOAA Fisheries has evaluated the effects of the authorization of the fisheries, as modified by the Conservation Framework, on endangered and threatened species.

The 10 fisheries included in the Opinion are: (1) American Lobster, (2) Atlantic Bluefish, (3) Atlantic Deep-Sea Red Crab, (4) Mackerel/Squid/Butterfish, (5) Monkfish, (6) Northeast Multispecies, (7) Northeast Skate Complex, (8) Spiny Dogfish, (9) Summer Flounder/Scup/Black Sea Bass, and (10) Jonah Crab fisheries.

We released a draft Opinion on January 15, 2021 to the New England and Mid-Atlantic Fishery Management Councils and shared it with the Atlantic States Marine Fisheries Commission. We accepted feedback from the New England and Mid-Atlantic Fishery Management Councils/Commission and other interested parties through February 19, 2021. This feedback was considered in developing the final Opinion.

In developing the Opinion, NOAA Fisheries identified that, to meet the mandates of the ESA, mortality and serious injury of North Atlantic right whales due to federal fisheries managed by the Greater Atlantic Regional Fisheries Office needs to be further reduced. Therefore, NOAA Fisheries developed and is committed to implementing a Conservation Framework to further reduce mortality and serious injury of North Atlantic right whales resulting from entanglements by the federal fisheries. The reduction in entanglements is also expected to reduce sublethal effects that may affect the health and reproductive output of right whales. This Conservation Framework outlines NOAA Fisheries’ commitment to implement measures that are necessary for the recovery of right whales, while providing a phased approach and flexibility to the fishing industry.

Through the ESA section 7 consultation, we have evaluated the effects of these fisheries, as modified by the Conservation Framework, on endangered and threatened species. The Opinion concludes that impacts from the authorization of the fisheries, as modified by the Conservation Framework, are not likely to jeopardize the continued existence of any ESA-listed species in the action area, including sea turtles, listed marine mammals, and listed fish. We also determined that the fisheries, as modified, are not likely to result in the destruction or adverse modification of any designated critical habitat.

NOAA Fisheries, through the Greater Atlantic Region’s Sustainable Fisheries and Protected Resources Divisions, is committed to implementing the Conservation Framework and other measures identified in the consultation to ensure that impacts to NOAA Fisheries’ trust resources are minimized. For more information and to read the Biological Opinion and  Conservation Framework please visit our website.

Read the full release here

Whale activist attempts to intervene in right whale case

May 24, 2021 — With federal officials set to unveil new rules on the lobster fisheries at the end of the month, a well-known animal rights activist made a late attempt to try and stop the industry from being allowed to use vertical buoy ropes.

Richard “Max” Strahan tried to intervene at the beginning of the month in the federal right whale court case that holds the future of the lobster industry in its hands, but the activist’s attempt was rejected by a judge less than a week later.

Strahan filed his motion on May 8 and claimed that the only way the industry would stop using the ropes is by a court-ordered injunction. Without such an injunction, right whales would inevitably go extinct, he claimed.

He sought to prosecute the National Marine Fisheries Service, the agency responsible for the regulations, and other lobster industry groups “for their acting in concert over the course of decades to repeatedly and deliberately engage in conduct prohibited by” the Endangered Species Act, he wrote.

Read the full story at the Mount Desert Islander

Feds raise protections for North Atlantic right whales, but sea turtles may suffer

May 17, 2021 — North Atlantic right whales have gained protections and sea turtles are more imperiled under a new federal calendar for harbor dredging that came to light May 14 in a federal lawsuit that seeks to protect sea turtles.

The entire calendar for dredging at some seaports along the East Coast has been modified in an effort to increase protections for North American right whales, according to a federal report with the new calendar. This species has been reduced to a population of some 360 animals.

The change allows harbors to be dredged in warmer months in North Carolina and continuing south through Georgia and Florida, to the islands of Puerto Rico and the U.S. Virgin Islands. Dredging is routine maintenance and typically involves vacuuming up debris that has filled a shipping channel and impedes ships as they use a port. The process has a history of harming certain sea life.

Read the full story at The Saporta Report

NMFS reports right whales increasing use of New England offshore wind areas

May 7, 2021 — Endangered northern right whales that have been arriving earlier in spring and staying longer around Cape Cod have also expanded their presence south and west of Nantucket Shoals, into areas planned for large-scale development of offshore wind power, according to the National Marine Fisheries Service.

Scientists from the NMFS Northeast Fisheries Science Center conducting surveillance flights spotted 57 fight whales March 30 off southeast New England, in and around wind energy areas that have been leased to developers by the federal Bureau of Ocean Energy Management.

NMFS officials said those whales included three mother-calf pairs – results from what experts have called the most successful calving season in years for the highly endangered species, with 17 young reported and nine mother-calf pairs sighted in Northeast waters in recent weeks. The entire population was last estimated to number around 366 animals.

Right whales typically appear in Cape Cod Bay during the spring, but in recent years they have been showing up sooner and lingering longer, according to a summary released April 15 by NMFS.

A small portion of the whale population, mostly pregnant females, migrates to waters off Georgia and northern Florida for the winter calving season, according to marine mammal researcher Tim Cole who leads the NEFSC whale survey team.

Read the full story at National Fisherman

Massachusetts waters remain closed to lobstermen

May 6, 2021 — The state Division of Marine Fisheries is reminding lobstermen and other trap fishermen that state waters north and east of Cape Cod remain closed to all commercial harvesting because of the continued presence of North Atlantic right whales.

DMF and the Provincetown Center for Coastal Studies continue to fly aerial survey flights to gauge the scale of right whale presence in state waters as the imperiled stock continues its northward feeding migration.

The agency said its most recent flight, on April 28, 2021, observed 86 right whales in the waters of northern Cape Cod Bay, southern Massachusetts Bay, and Stellwagen Bank, a fishing ground located about 15 miles southeast of Gloucester to about six miles north of Provincetown.

“Additional surveillance flights are anticipated to occur over the next several days,” DMF stated. “DMF will reevaluate the status of this closure based on the presence or absence of whales. Should observational data demonstrate right whales have migrated out of Massachusetts waters, DMF may lift the trap gear closure prior to May 15.”

Also, the Woods Hole Oceanographic Institute’s Slocum underwater glider on Sunday acoustically detected the presence of North Atlantic right whales north of Cape Cod and NOAA Fisheries on Monday instituted a voluntary right whale slow zone north of Cape Cod until May 17.

Read the full story at the Gloucester Daily Times

Slow Zone East of Cape Cod to Protect Right Whales

May 4, 2021 — The following was released by NOAA Fisheries:

NOAA Fisheries announces a new voluntary right whale Slow Zone.  On May 3, 2021, the Center for Coastal Studies observed right whales east of Cape Cod, MA.  This Slow Zone is in effect through May 18, 2021.

Mariners are requested to route around this or transit through it at 10 knots or less.

Slow Zone Coordinates:

East of Cape Cod, MA, May 3, 2021- May 18, 2021

42 16 N
41 35 N
069 30 W
070 22 W

See the coordinates for all the slow zones currently in effect.

Active Seasonal Management Areas 

Mandatory speed restrictions of 10 knots or less (50 CFR 224.105) are in effect in the following areas:

Cape Cod Bay, January 1 – May 15

Great South Channel, April 1 – July 31

Find out more and get the coordinates for each mandatory slow speed zone.

Give Right Whales Room

North Atlantic right whales are on the move along the Atlantic coast of the U.S. NOAA is cautioning boaters and fishermen to give these endangered whales plenty of room. We are also asking all fishermen to be vigilant when maneuvering to avoid accidental collisions with whales and remove unused gear from the ocean to help avoid entanglements. Commercial fishermen should use vertical lines with required markings, weak links, and breaking strengths.

Right Whales in Trouble

North Atlantic right whales are protected under the U.S. Endangered Species Act and the Marine Mammal Protection Act. Scientists estimate there are only about 400 remaining, making them one of the rarest marine mammals in the world.

North Atlantic right whales are NOAA Fisheries’ newest Species in the Spotlight. This initiative is a concerted, agency-wide effort to spotlight and save marine species that are among the most at risk of extinction in the near future. 

In August 2017, NOAA Fisheries declared the increase in right whale mortalities an “Unusual Mortality Event,” which helps the agency direct additional scientific and financial resources to investigating, understanding, and reducing the mortalities in partnership with the Marine Mammal Stranding Network, Canada’s Department of Fisheries and Oceans, and outside experts from the scientific research community.

Read the full release here

Slow Zone North of Cape Cod to Protect Right Whales

May 3, 2021 — The following was released by NOAA Fisheries:

NOAA Fisheries announces a new voluntary right whale Slow Zone.  On May 2, 2021, the Woods Hole Oceanographic Institution Slocum glider acoustically detected the presence of right whales north of Cape Cod, MA.  This Slow Zone is in effect through May 17, 2021.

Mariners are requested to route around this or transit through it at 10 knots or less.

Slow Zone Coordinates:

North of Cape Cod, MA, May 2, 2021- May 17, 2021

42 40 N
42 00 N
069 40 W
070 34 W

See the coordinates for all the slow zones currently in effect.

Active Seasonal Management Areas 

Mandatory speed restrictions of 10 knots or less (50 CFR 224.105) are in effect in the following areas:

Cape Cod Bay, January 1 – May 15

Great South Channel, April 1 – July 31

Find out more and get the coordinates for each mandatory slow speed zone.

Give Right Whales Room

North Atlantic right whales are on the move along the Atlantic coast of the U.S. NOAA is cautioning boaters and fishermen to give these endangered whales plenty of room. We are also asking all fishermen to be vigilant when maneuvering to avoid accidental collisions with whales and remove unused gear from the ocean to help avoid entanglements. Commercial fishermen should use vertical lines with required markings, weak links, and breaking strengths.

Right Whales in Trouble

North Atlantic right whales are protected under the U.S. Endangered Species Act and the Marine Mammal Protection Act. Scientists estimate there are only about 400 remaining, making them one of the rarest marine mammals in the world.

North Atlantic right whales are NOAA Fisheries’ newest Species in the Spotlight. This initiative is a concerted, agency-wide effort to spotlight and save marine species that are among the most at risk of extinction in the near future. 

In August 2017, NOAA Fisheries declared the increase in right whale mortalities an “Unusual Mortality Event,” which helps the agency direct additional scientific and financial resources to investigating, understanding, and reducing the mortalities in partnership with the Marine Mammal Stranding Network, Canada’s Department of Fisheries and Oceans, and outside experts from the scientific research community.

Read the full release here

Extended Slow Zone East of Boston to Protect Right Whales

April 30, 2021 — The following was released by NOAA Fisheries:

NOAA Fisheries announces the extension of a Slow Zone set to expire east of Boston, MA. On April 28, 2021, the Center for Coastal Studies observed right whales east of Boston, MA. This Slow Zone is in effect through May 13, 2021.

Mariners are requested to route around this or transit through it at 10 knots or less.

Slow Zone Coordinates:

East of Boston, MA, April 8 – May 13, 2021 *Extended*

42 39 N
41 54 N
070 08 W
071 06 W

See the coordinates for all the slow zones currently in effect.

Active Seasonal Management Areas 

Mandatory speed restrictions of 10 knots or less (50 CFR 224.105) are in effect in the following areas:

Cape Cod Bay, January 1 – May 15

Off Race Point, March 1 – April 30 *Expires Today*

Great South Channel, April 1 – July 31

November 1 – April 30 *Expires Today*

Block Island Sound 

Ports of New York/New Jersey

Entrance to the Delaware Bay
(Ports of Philadelphia and Wilmington)

Entrance to the Chesapeake Bay 
(Ports of Hampton Roads and Baltimore)

Ports of Morehead City and Beaufort, NC

Within a continuous area 20-nm from shore between Wilmington, North Carolina, to Brunswick, Georgia.

Find out more and get the coordinates for each mandatory slow speed zone.

Look Out for Whales in Massachusetts Waters

April 30, 2021 — The following was released by NOAA Fisheries:

Critically endangered  North Atlantic right whales are moving north and through waters surrounding Massachusetts. Along with entanglement in fishing gear, collisions with vessels are one of the biggest barriers to the species’ recovery.

With high right whale numbers in and around Cape Cod Bay, we’re asking all vessels to slow down to 10 knots or less. Collisions can be deadly for these whales, especially young calves traveling through these waters for the first time. Collisions are also dangerous for the vessels involved. Stay safe and help protect right whales by slowing down where right whales are found.

In some of these waters, speed restriction measures are in place and enforced. Learn more about federal and state speed restrictions and use the Whale Alert App to stay informed about right whale detections and Right Whale Slow Zones.

Read the full release here

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