Saving Seafood

Lobster groups mount uncertain First Circuit fight on fishery’s future

May 4, 2022 — Arguing before a skeptical First Circuit, an attorney representing a group of Maine lobster fishermen said a federal rule designed to protect the endangered North Atlantic right whale targets a portion of the ocean where there are no right whales.

“We need to figure out where the whales are and target those areas,” said attorney Alfred Frawley IV at oral arguments Tuesday before the federal appeals court in Boston.

But the First Circuit appeared to give Frawley a frosty reception, saying at one point that the record lacked evidence that the seasonal closure would lead to lost lobster boats and jobs across the coast of Maine.

The National Marine Fisheries Service issued the rule at issue in 2021, closing a 967-square-mile strip of ocean off the coast of Maine to the use of vertical line buoys, a method of fishing most common with lobster fishermen, between the months of October and January.

Regulators say the move is meant to protect the endangered North Atlantic right whale, whose population is hovering at about 336. One of the biggest threats to the animal is entanglements, with some of the most common entanglements involving lines and buoys.

Read the full story at Courthouse News Service

Maine lobstermen fear disaster as new gear regulations take effect

May 2, 2022 — Doug McLennan looks out his window in South Thomaston every morning at the traps and boats in his yard and worries about the future of lobster fishing in Maine.

McLennan’s wife, Laura, is his sternman. His two sons, who have homes on either side of his driveway, are lobster fishermen, too. His great-grandfather was the legendary “Tall Barney Beal” of Jonesport, a Grand Banks fisherman and the 6-foot-6 descendent of the original settler of Beals Island, known for his incredible strength.

McLennan isn’t worried about the state of the fishery. Despite a dip in landings last year, more than 100 million pounds of lobster were hauled and their value broke records. Also, Maine’s lobstermen have a reputation for sustainable practices that preserve the stock for future generations, he said.

What worries McLennan and thousands of other Maine lobstermen is the latest round of federal regulations designed to protect the endangered North Atlantic right whale, and additional measures being planned for the next decade. The newest regulations took effect Sunday, though their enforcement has been delayed until supply chain issues for some of the required gear are resolved.

This is just the latest in gear regulation change required by the Atlantic Large Whale Take Reduction Plan, which was put in place in 1997 and has been amended several times since. The current changes comprise the first phase of a 10-year conservation plan to reduce the risk of right whale entanglements in fishing gear by 98 percent.

Many lobstermen have raised concerns about safety and the potential for gear failure and loss of expensive traps under the new rules, and they worry about what is coming next.

Read the full story at the Portland Press Herald

Right whale defenders question energy industry donations

April 27, 2022 — A group opposing wind projects off the coast of Massachusetts released a report Tuesday that documents contributions from wind energy developers to environmental groups in the state, donations that the authors of the report say cast questions on the ability of groups to analyze the impacts that wind projects have on the endangered North Atlantic Right Whale.

The report, released by the Save Right Whales Coalition, catalogs $4.2 million between wind developers like Vineyard Wind, Bay State Wind, and Orsted to environmental groups in Massachusetts such as the Environmental League of Massachusetts, New England Aquarium, and the Woods Hole Oceanographic Institute.

The flow of money, coalition member Lisa Linowes said, raised a “red flag” for potential conflicts of interest when it comes to investigating the environmental impacts of offshore wind development in places where the North Atlantic Right Whale resides. The whale is one of the most endangered large whale species in the world, according to NOAA Fisheries.

“The public has come to trust the word of these organizations, that when they say wind turbines can be safely sited within and near the waters where the right whale lives, breeds, feeds, that they will be safe,” Linowes said. “Based on their public statements and based on the donations … we should question the priorities of these organizations.”

The Save Right Whales Coalition study says the New England Aquarium received a “donation pledge” of $250,000 in 2018 from Bay State Wind, a joint venture between Orsted and Eversource during the 2019 procurement process for offshore wind energy, an undisclosed amount from Vineyard Wind in 2019, and an undisclosed amount in 2020 from Equinor, a petroleum company with offshore wind ventures.

Read the full story at WHDH

More Endangered Right Whales Are Leaving New England for Canada

April 25, 2022 — Local researchers are studying why North Atlantic right whales are migrating out of our area into more northern waters in Canada.

Some believe rapidly warming waters in the Gulf of Maine could be playing a role, but they’re just not sure how.

The North Atlantic right whale is one of the most critically endangered animals on the planet.

Researchers from the New England Aquarium are studying these majestic creatures and they think some of the answers might lie in their poop.

Dr. Elizabeth Burgess is a research scientist with the aquarium that studies hormone changes in right whales. Unfortunately, the easiest way to collect hormones is through their feces.

“So nutritional stress is of really great concern for this species, as is the reproductive viability as well. So all of these things we can, we’re using hormones to better understand what’s happening,” said Burgess.

Read the full story at NBC Boston

These whales are on the brink. Now comes climate change — and wind power.

April 22, 2022 — About 17 nautical miles south of Nantucket, a half-dozen New England Aquarium researchers scrambled across this vessel’s icy deck. Clutching binoculars, clipboards and cameras, they strained to catch a glimpse and scribble notes about a pair of creatures they fear are disappearing from this world.

After nine hours on the water, Amy Warren’s team had found two animals it knew by name. As the pair arched their heads above the water, the research scientist urged her colleagues with cameras to capture them.

“Get it, get it, get it, get it!”

With only about 300 left, the North Atlantic right whale ranks as one of the world’s most endangered marine mammals. Nearly annihilated centuries ago by whalers, the slow-swimming species is said to have earned its name because it was the “right” whale to hunt.

Old-fashioned harpoons have yielded to other threats. Humans are still killing right whales at startlingly high numbers — but by accident. Waters free from whalers now brim with ships that strike them, and ropes that entangle them.

The latest challenges come in a changing climate. Rising temperatures are driving them to new seas. And soon, dozens of offshore wind turbines — part of President Biden’s clean energy agenda — will encroach their habitat as the administration tries to balance tackling global warming with protecting wildlife.

Read the full story at The Washington Post

Protect the North Atlantic right whales: are you ready for the deadline?

April 22, 2022 — Northeast lobster and Jonah crab fishermen have until May 1, 2022, to make the necessary gear modifications to help protect North Atlantic right whales. Are you ready?

Announced last fall, the final rule to implement new measures to protect North Atlantic right whales is fast approaching. As compliance assistance is in place to support fishermen changing gear to protect right whales, the National Marine Fisheries Service Greater Atlantic regional administrator Michael Pentony says “these regulations are critical to protecting the endangered North Atlantic right whale and keeping this valuable and important fishery open for business.”

In a “leadership message” April 20, Michael Pentony said “most participants in the Northeast lobster and Jonah crab fishery are nearly finished with the needed gear modifications and ready for the deadline. However, unanticipated supply chain delays are preventing some of the fleet from fully coming into compliance.”

“I want to assure fishermen who are making good faith efforts to comply with these new measures but are not able to procure compliant gear that we understand the difficulty of their situation,” Pentony added. “We are working closely with our state and federal enforcement partners to implement a graduated enforcement effort that will focus on compliance assistance rather than civil penalties until we have determined that localized supply chain issues have been sufficiently resolved.”

Read the full story at National Fisherman

NOAA acknowledges shortage of gear to protect whales

April 22, 2022 — The federal government is acknowledging that supply chain issues will prevent all lobstermen from having gear needed to protect North Atlantic right whales before a May 1 deadline.

The rules will still go into effect on that date, but the National Oceanic and Atmospheric Administration said it will use a “graduated enforcement effort” until supply problems are resolved.

“I want to assure fishermen who are making good faith efforts to comply with these new measures but are not able to procure compliant gear that we understand the difficulty of their situation,” wrote Michael Pentony, NOAA Fisheries’ Gloucester-based Greater Atlantic regional administrator, in a letter.

“We are working closely with our state and federal enforcement partners to implement a graduated enforcement effort that will focus on compliance assistance rather than civil penalties until we have determined that localized supply chain issues have been sufficiently resolved,” he continued.

Read the full story at the Gloucester Times

NOAA delays enforcement of new lobster gear rules aimed at protecting right whales

April 21, 2022 — Enforcement of the new lobster gear regulations aimed at protecting the critically endangered North Atlantic right whale will be delayed because supply chain issues have made it too difficult for lobstermen to comply.

The National Oceanic and Atmospheric Administration said on Wednesday that it will use a “graduated enforcement effort” from when the rules take effect on May 1 until the supply issues have been resolved.

The regulations require lobstermen to splice NOAA-approved weak rope or weak plastic links into the lines they use to connect buoys to traps on the ocean floor. But the approved gear has been in short supply as manufacturers struggle to produce enough to outfit the Northeast lobster and Jonah crab fishing fleets. The regulations are intended to prevent whales from becoming entangled in fishing gear, which can result in injuries and death. There are fewer than 350 North Atlantic right whales, according to NOAA.

“MLA is relieved that NOAA has finally listened to lobstermen, the state, and our congressional delegation, that despite lobstermen’s best efforts, lobstermen are unable to meet the deadline,” said Patrice McCarron, executive director of the Maine Lobstermen’s Association. “Some have complied and had products recalled, others have complied and had devices fail, and many more have not been able to secure the materials they need.”

Read the full story at the Portland Press Herald

Dealers scramble to supply lobstermen ahead of gear change deadline

April 12, 2022 — May 1 is the deadline for commercial lobstermen in Maine to trawl up, use weaker rope or insert weak links and mark gear with the state color purple. But will they be ready? 

The new federal gear requirements enacted by the National Oceanic and Atmospheric Administration (NOAA) are aimed at reducing right whale entanglements with vertical trap lines. Weaker rope or weak links will allow whales to break free of the rope, while the state-specific gear colors will help determine where a whale was entangled.  

“Everyone’s hoping for a good year, hoping for a good price,” said Virginia Olsen, a Maine Lobstering Union Local 207 member who fishes out of Stonington. “We’re just going to do what we do. We’re gonna go to work.” 

But first, enough rope and weak links must come into local fishing gear stores to supply the approximately 4,500 commercial lobstermen in Maine, each of whom can haul up to 800 traps. 

That equals a lot of rope or links – even with the requirement to attach more traps per vertical line than before, depending on the lobster zone and whether the grounds are in federal or state waters. While NOAA has specified approved gear types and brands, many local lobstermen are on waiting lists at gear shops.

Read the full story at the Mount Desert Islander

Massachusetts DMF Releases Ropeless Gear Feasibility Report

April 5, 2022 — The Massachusetts Division of Marine Fisheries (DMF) has wrapped up the first phase of a two-year project to characterize the issues and challenges that may come to light with the integration of ropeless fishing gear into New England lobster fisheries.

Ropeless or On-demand gear will replace traditional vertical buoy lines with an eye toward protecting endangered North Atlantic right whales and will feature new gear retrieval and marking methods.

Read the full story at SeafoodNews.com