Saving Seafood

Maine lobster industry, officials push back against federal right whale protection plans

November 7, 2019 — The U.S. state of Maine’s lobster industry, in addition to some state officials, are pushing back against proposals requiring fewer vertical lines in the industry in order to protect the endangered North Atlantic right whale.

At a meeting on 6 November, Maine’s Department of Marine Resources Commissioner Patrick Keliher called the state’s counter-proposal – using weaker rope and more traps per line in deep waters – the “line in the sand,” according to the Portland Press Herald. The state has been fighting back against the federal government’s proposal to reduce lines by 50 percent, a proposal that the state’s governor, Janet Mills, called “foolish.”

Read the full story at Seafood Source

Right whale named Snake Eyes died due to entanglement

November 7, 2019 — The probable cause of the death of a North Atlantic right whale found in September off Long Island is entanglement in fishing gear, according to the National Oceanic and Atmospheric Administration.

The 40-year-old male whale, known as No. 1226 and named “Snake Eyes,” died after being seen alive in July and August in the Gulf of St. Lawrence. In September, researchers performed a necropsy at Jones Beach State Park to determine the cause of death.

Critically endangered right whales — which spend late winter and early spring in Cape Cod Bay and nearby waters — are experiencing what is called an unusual mortality event along the Atlantic coast, given the high number of deaths since 2017, which currently stand at 30, according to NOAA.

There are currently about 400 right whales remaining.

“His death is testament to a couple of important issues,” said Regina Asmutis-Silvia, who directs Whale and Dolphin Conservation in Plymouth. First, the habitats of right whales have shifted both in the United States and Canada and government managers who protect the animals must also shift the areas being managed, Asmutis-Silvia said. Second, fixed gear fisheries, such as commercial lobstering, are an unintentional but lethal threat to the species’ survival, and the faster gear modifications can be implemented the more likely it is that the species and fisheries can both thrive, she said.

Read the full story at Wicked Local

Maine says data will prove lobstermen aren’t to blame in right whale deaths

November 6, 2019 — Calling a state proposal to reduce the amount of rope lobstermen use “a line in the sand,” Maine’s top fisheries official said Monday that he hoped the state plan generates data that absolves Maine’s lobster fishery from blame in right whale deaths.

Patrick Keliher, commissioner of the Maine Department of Marine Resources, told a group of fishermen Monday in Ellsworth that the state’s proposal for reducing the risk to whales of getting tangled in lobster fishing gear does not meet federal regulators’ goal of cutting the number of vertical buoy lines in the water by half. But he said the state’s plan focuses its fishing line reductions in deeper waters offshore, where whales are more likely to come into contact with fishing gear.

“The further offshore you go, the higher the [risk] goes up,” Keliher told roughly 100 people, most of them lobstermen, at The Grand Auditorium. “The way I look at it, this is Maine’s line in the sand.”

Monday’s meeting was the first of three the state is holding about its response to expected new federal regulations that would require lobstermen to use less fishing line and weaker rope from which entangled whales could more easily break free.

Read the full story at the Bangor Daily News

Maine proposes targeted exemptions to help lobster industry weather whale crisis

November 6, 2019 — The state is proposing a modified plan to protect the endangered North Atlantic right whale while creating less hardship for the lobster fishing industry than a proposed federal plan.

Maine Department of Marine Resources Commissioner Patrick Keliher presented the proposal in Ellsworth Monday night, at the first of three meetings being held this week by the agency.

Maine’s lobster industry, many said, was being unfairly targeted.

“We’ve seen bad science against lobster fishermen in the state of Maine,” said Rocky Alley, president of the Maine Lobstering Union and a Jonesport lobsterman. “When will they come up with new science that makes sense? How many whales have we killed?”

“In the last decade, directly, with Maine gear on them? None,” responded Keliher.

But, he added, “as long as we’re 64% of all endlines on the East Coast, and 90% within all the lobster management areas, we’ll continue to have a bull’s-eye on our back.”

Read the full story at MaineBiz

MAINE: Lobstermen at Ellsworth whale meeting ask state to resist federal pressure

November 5, 2019 — A growing number of Maine lobstermen are asking the state to resist federal pressure to change how they fish to protect the endangered right whale and called for state legal action to protect the $565 million a year fishery.

At a hearing in Ellsworth on Monday night, lobstermen chimed in on a state whale protection proposal that calls for a combination of weak rope, gear marking and more traps on offshore buoy lines to reduce the risk to right whales by about 58 percent.

It’s better than earlier plans, which called for the elimination of 50 percent of buoy lines, but it’s still dangerous for Maine fishermen who will be mired waist-deep in rope on deck, and won’t do anything to help the whales, they argued.

“It’s not going to work, there’s got to be a different way,” said Jim Hanscom, a Bar Harbor lobsterman who spoke out against adding more traps to weaker rope. “You’ve got to just buck up and say we can’t do this. it’s just not going to work.”

Read the full story at the Portland Press Herald

D.C. court rules fisheries remain closed to help right whales

November 5, 2019 — For all the work going into North Atlantic right whale conservation in Georgia and Florida ahead of another calving season, a political and legal battle continues where the whales live and feed most of the year — off the coast of New England. Thursday, a federal district judge ruled two lobster fisheries can remain closed to protect the lives of right whales moving through the area.

The case began nearly two years ago as a set of environmental groups — the Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife and the Humane Society of the United States — filed a complaint against the federal government because they disputed the finding of “no jeopardy” to right whales in the lobster fisheries, despite the finding that an average of 3.25 right whales a year would die through gillnet fishing operations.

The National Marine Fisheries Service, also known as NOAA Fisheries, is working on new rules that NMFS states will provide additional protections to North Atlantic right whales in lobster fisheries, and that the rulemaking should be complete by around the middle of 2020. As such, the agency filed a motion to stay the case, which Judge James Boasberg denied.

Read the full story at The Brunswick News

MAINE: Lobster industry braces for right whale changes amid turbulent times

November 4, 2019 — Maine lobstermen have had a lot to juggle this year, with hugely fluctuating bait bills and a dismal start to the season, but nothing has caused as much anxiety for Maine’s most valuable fishery as the changes coming to protect the endangered right whale.

“Right now, we’re all fishing hard, so it’s taking our mind off it some, but it feels like we’ve been waiting and worrying about what whales might do to us for so long now,” said Jake Thompson, a Vinalhaven lobsterman. “We can manage the rest of it, but whales? Everybody’s worried about whales.”

Lobstermen will have a chance to weigh in on Maine’s plan to protect the endangered right whale from buoy line entanglements at Maine Department of Marine Resources meetings in Ellsworth, Waldoboro and South Portland this week. The state’s final plan will go to federal regulators later this month.

The proposal would require lobstermen to add more traps to buoy lines set farther from shore, use rope that whales can break free from if entangled, report where and how they fish on each trip out, and mark their gear purple and green so it can be identified as Maine lobster gear if it is found on a whale.

Read the full story at the Portland Press Herald

Lobstermen To Get A Look At New Plan To Save Right Whales

November 4, 2019 — Maine’s lobstermen are getting a look at new rules that will affect their fishery and are designed to protect endangered right whales.

A federal team has called for a reduction of the vertical lobster trap lines in the Gulf of Maine to reduce risk to the whales. Maine fishery officials say their latest proposal to meet the requirements would remove 25 percent of the lines, not including an exemption for lobstermen who fish inshore waters.

The Maine Department of Marine Resources is holding three meetings this week to discuss the proposal. The first is scheduled for Monday in Ellsworth, and it’ll be followed by meetings Tuesday in Waldoboro and Wednesday in South Portland.

Read the full story from the Associated Press at Maine Public

In Court Ruling on Right Whales, Good News for Scallop Fishery

October 30, 2019 — The following was released by the Fisheries Survival Fund:

A federal district court has ruled this week that the National Marine Fisheries Service (NMFS) violated both the Endangered Species Act and Magnuson-Stevens Act in allowing gillnet fishing in areas frequented by right whales. While the Fisheries Survival Fund (FSF) was a Defendant-Intervenor in the case, the ruling contains good news for the scallop fishery.

At issue are provisions in Omnibus Habitat Amendment 2 (OHA2), which updated the network of closed areas and habitat protections off the coast of New England. The suit, filed by the Conservation Law Foundation and Earthjustice, alleges that OHA2 put right whales at risk by opening offshore areas near Nantucket to commercial fishing.

While the U.S. District Court for the District of Columbia ruled that allowing gillnet fishing in these areas did have the potential to harm right whales, and thus violated the Endangered Species Act, the Court’s ruling does not affect the scallop fishery, which will continue to be allowed to operate in these areas.

Specifically, the Court noted, “because Plaintiff’s summary-judgment motion does not contest the Habitat Amendment’s changes to the Scallop [Fishery Management Plan], Defendant-Intervenor Fisheries Survival Fund’s arguments, which relate only to that fishery, are rendered moot.”

This means that while the Court acted to prevent gillnet fishing in the newly opened areas, it did not overturn OHA2, nor did it stop scallop fishing in these areas. This is consistent with FSF’s long-standing position in the case, which is that the scallop fishery is not a threat to right whales, and that scallop fishing is not impacting right whale conservation.

Read the full opinion here.

Read the full order here.

Federal judge renews ban on gillnet fishing in Nantucket area to protect whales

October 30, 2019 — A federal judge in Washington, DC, on Monday ruled that the US’ National Marine Fisheries Service (NMFS) violated the Endangered Species Act, Magnuson Stevens Act, and other federal laws when it removed a roughly 20-year-old ban last year on gillnet fishing within a 3,000 square mile area south and east of the Massachusetts island Nantucket.

US District Court judge James Boasberg has renewed the ban in order to protect North Atlantic right whales, the Boston Globe reports. He said, in his 32-page ruling, that his decision was “not a close call” and quoted Herman Melville’s “Moby Dick”.

“Demonstrating that ‘there is no folly of the beasts of the earth which is not infinitely outdone by the madness of men’ … humans have brought the North Atlantic right whale to the brink of extinction,” he wrote.

Boasberg’s ruling does not apply to the scallop industry, which will be allowed to continue using its dredging equipment in the area, as it has not been found to harm the marine mammals.

Read the full story at Undercurrent News