Saving Seafood

MAINE: State, lobstermen scramble to respond to judge’s right-whale ruling

April 14, 2020 — The right whale protection lawsuit winding its way through the federal courts for two years has often been called the “wild card” in the battle between environmental groups trying to save the whale from extinction and lobstermen trying to protect their way of life.

Last week, a federal judge played that card, concluding the National Marine Fisheries Service had violated the Endangered Species Act by failing to fully document the U.S. lobster fishery’s harmful impact on right whales. The play leaves state and industry officials scrambling to figure out their next move.

“It’s hard to predict how lawsuits will impact future whale rules,” Maine Department of Marine Resources Commissioner Pat Keliher wrote to fishermen on Friday. “Many of you have called or emailed asking about the timing and impacts of this decision. At this time they are still unknown, but may come very quickly.”

The agency is reviewing last week’s ruling to determine what it may mean for Maine’s $485-million-a year lobster industry and what its next steps should be, Keliher said. For now, the Maine fishery remains open to those willing to brave rough offshore waters and pandemic-gutted markets.

Read the full story at the Portland Press Herald

Lobster fishery violates Endangered Species Act, judge declares

April 13, 2020 — U.S. District Judge James Boasberg filed a 20-page order Thursday, April 9, declaring the American lobster fishery violates the Endangered Species Act.

The federal lawsuit challenged a biological opinion filed by NMFS in 2014 stating that the American lobster fishery “may adversely affect, but is not likely to jeopardize, the continued existence of North Atlantic right whales.”

The judge ruled against NMFS, noting that the agency failed to include an “incidental take statement.” That failure, the judge declared, renders the biological opinion illegal under the Endangered Species Act. The suit — filed by the Center for Biological Diversity, Conservation Law Foundation and several other environmental groups — is similar to the California Dungeness crab lawsuit (led by the Center for Biological Diversity) which also claimed the fishery violated the ESA. The finding there forced the crab fishery to file for an incidental take permit, a process that can take years, and negotiate with the plaintiffs on whether there will be fishing seasons in the interim and what those opening and closing parameters will be.

Read the full story at National Fisherman

Lobstermen Vow to Fight for Fishery in Wake of Whale Ruling

April 13, 2020 — A Maine lobster fishing trade group said Monday it will fight for the future of the fishery in court in the wake of a judge’s ruling that the federal government hasn’t done enough to protect rare whales.

U.S. District Judge James Boasberg ruled last week that the National Marine Fisheries Service failed to protect North Atlantic right whales by understating lobster fishing’s ability to kill the whales via entanglement in ropes. The ruling stated a remedy will come in the future, and members of the U.S. lobster industry have said they’re concerned that could mean new fishing restrictions.

Maine Lobstermen’s Association executive director Patrice McCarron said Monday the court has only heard from environmental groups and the federal government so far in the case. She said the group will make sure the judge will “consider evidence about what happens on the water to protect whales.”

Read the full story from the Associated Press at U.S. News

Judge: NOAA Violated Endangered Species Act By Allowing Lobster Traps That Threaten Right Whales

April 10, 2020 — A federal judge ruled Thursday that federal fisheries regulators are illegally allowing lobster traps that pose a threat to the endangered North Atlantic right whale.

U.S. District Judge James Boasburg says the National Oceanic and Atmospheric Administration violated the Endangered Species Act by authorizing the lobster fishery without appropriate attention to its impact on the whales.

Specifically, he faults the feds for failing to produce an assessment of the potential that whales will be entangled in lobster trap rope and face injury and death.

Read the full story at Maine Public

Regulators fell short on protecting right whales from lobster industry, judge rules

April 10, 2020 — The National Marine Fisheries Service violated the Endangered Species Act by not properly reporting the lobster industry’s harmful impacts on the North Atlantic right whale, which it knew to be more than three times what the dwindling species could sustain, according to a federal judge.

In a ruling issued Thursday, U.S. District Judge James Boasberg accused the service of failing to follow the letter of the landmark environmental law because it would have meant the fishery, which rakes in millions of lobster and dollars each year, would not be able to proceed.

“The service and the statute pass each other like ships in the night,” Boasberg wrote in his 20-page ruling.

The decision caught the Maine Department of Marine Resources, which regulates Maine’s $485 million-a-year lobster fishery, and the Maine Lobstermen’s Association, the industry’s largest trade association, off guard. Both agency and association officials said they needed time to digest the ruling before commenting.

Read the full story at the Portland Press Herald

Judge: Failure to Help Whales Skirts Endangered Species Act

April 10, 2020 — A judge has ruled the federal government failed to adequately protect endangered whales from lobster fishing activities, sending the industry and regulators scrambling to figure out what the future holds for one of America’s most lucrative marine industries.

Environmental groups sued the U.S. government claiming regulators’ failure to protect the North Atlantic right whale from harm was a violation of the Endangered Species Act. U.S. District Judge James Boasberg ruled Thursday that the National Marine Fisheries Service did just that by understating lobster fishing’s ability to kill the whales via entanglement in ropes.

Boasberg’s ruling states the service found the “American lobster fishery had the potential to harm the North Atlantic right whale at more than three times the sustainable rate,” but did not take appropriate action about that risk. A remedy will come in the future, the ruling states.

Environmental groups, including the Center for Biological Diversity, which filed the lawsuit, heralded the ruling as a victory in the fight to protect the whales, which number only about 400.

Read the full story from the Associated Press at The New York Times

NEW Slow Speed Zone East of Boston to Protect Right Whales

April 10, 2020 — The following was released by NOAA Fisheries:

NOAA Fisheries announces a new voluntary vessel speed restriction zone (Dynamic Management Area  or DMA) east of Boston.

This DMA is based on an April 9, 2020, sighting of an aggregation of right whales from a Boston-area beach by private citizens.

Mariners, please go around these areas or go slow (10 knots or less) inside these areas where groups of right whales have been sighted.

East of Boston DMA is in effect through April 24, 2020.

42 47 N
42 05 N
70 26W
71 23W

Active Seasonal Management Areas (SMAs)

A mandatory speed restriction of 10 knots or less (50 CFR 224.105) is in effect in the following areas:

Mid-Atlantic: November 1-April 30

Cape Cod Bay: January 1-May 15

Off Race Point: March 1-April 30

Great South Channel: April 1 – July 31

More info on Seasonal Management Areas

Right Whales Are Migrating 

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

Cape scientists forge ahead with right whale research

April 7, 2020 — Over the past week, New England Aquarium scientist Philip Hamilton, manager of the right whale identification catalog at the aquarium’s Anderson Cabot Center for Ocean Life, has received photos of about 30 right whales taken by people walking the shoreline around Race Point and off Nahant.

Unfortunately, researchers hoping to see them from the air and sea during what they consider the epicenter of right whale migration into Cape Cod Bay essentially have been grounded by weather and coronavirus.

“We lost 22 days there,” said Charles “Stormy” Mayo, a senior scientist and director of the Right Whale Ecology Program at the Center for Coastal Studies in Provincetown.

COVID-19 fears forced the New England Aquarium to close March 13. Admission fees account for 80% of their $3.5 million in annual operating expenses, and the aquarium announced layoffs and furloughs last week to cut costs.

The Center for Coastal Studies did not lay off anyone, spokesperson Cathrine Macort said, but its offices and lab are closed. The center is watching expenses and applying for federal payroll aid.

Read the full story at the Cape Cod Times

Endangered right whales spotted in Cape Cod Bay during spring feeding season

April 6, 2020 — An increasing number of endangered North Atlantic right whales have been spotted feeding off of Massachusetts’ coast in recent weeks, a sign that spring is finally here, researchers at the New England Aquarium said.

The right whales live in shallow waters off the southeastern United States during late fall and winter, the aquarium said. After pregnant whales give birth to their calves while living with juvenile and male whales in the region during those months, the whales migrate to Cape Cod Bay during the spring to feed before heading further north.

“In a time when so much is changing around us, I find the appearance of right whales feeding in these waters as they have for hundreds, if not thousands, of years reassuring. Some ancient behaviors remain,” said Philip Hamilton, a research scientist with the Anderson Cabot Center for Ocean Life at the aquarium.

Read the full story at The Boston Globe

Pop-up pots and the search for ‘whale-safe’ gear

April 2, 2020 — I lay becalmed one summer night trying to sail from Cutler, Maine, to Nova Scotia. I drifted in the dark, laying across the cockpit in my survival suit and listening for the thrum of a freighter that might run me downhill. Out of the inky black came a blast like a tire exploding, followed by a ringing like bellows, the sound of a great inhalation. It was a whale. I sat up, startled, but could see nothing. Right whales had been in the area that summer and frequented the channel where I lay adrift. They passed me for 15 minutes or so and then were gone.

The morning broke with the wind driving me right back to Cutler, through a carpet of lobster buoys. There are an estimated 3 million traps off the coast of Maine, ground zero for a $483 million dollar industry. Unfortunately, the last 400 North Atlantic right whales are an endangered species with a propensity to get tangled in the buoy lines of fixed-gear fishermen anywhere between Florida and Newfoundland. According to the New England Aquarium, 83 percent of these whales show signs of having been entangled at least once and 59 percent more than once.

While right whales also die from ship strikes and other causes, the environmental groups that are part of NOAA’s Atlantic Large Whale Take Reduction Team are calling for eliminating rope in the water column.

Fixed-gear fishermen on the West Coast have a similar problem. A spike in humpback whale entanglements in 2014 and 2015 led the environmental group Center for Biological Diversity to sue the commonwealth of California in 2017, resulting in a settlement that will require fishermen to limit spring fishing and pursue a conservation plan that could include ropeless or “pop-up” gear, as they call it in California.

Read the full story at National Fisherman