Saving Seafood

MAINE: DMR sets public hearing on whale rule changes

March 3, 2022 — Now that new federal regulations are in place to protect endangered North Atlantic right whales from entanglement with fishing lines, the Maine Department of Marine Resources (DMR) has drafted revisions to state lobster and crab fishing laws to implement the changes.

For Chapter 75, Protected Resources Compliance with Atlantic Large Whale Take Reduction Plan, the proposed changes align with gear marking, fishing ropes, weak links in fishing rope, the minimum number of traps per trawl and the seasonal closure of Lobster Management Area 1. For Chapter 25, Lobster and Crab Fishing, proposed changes to Zone B increase the trawl limit from a maximum of three traps per line to five traps from 3 to 12 nautical miles from shore.

A remote public hearing is scheduled for March 15 at 5 p.m. for Chapter 75 and 5:30 p.m. for Chapter 25.

“These changes are routine in nature to implement such a large federal mandate,” Maine Lobstering Union member and Deer Isle lobsterman Virginia Olsen said. “However, we, the MLU, do not feel the goal of a 98 percent reduction is a way the Maine lobster industry can survive moving forward. We feel more real-time science needs to be done and the restrictions put in place to date need to be reviewed for effectiveness before additional restrictions are implemented.”

Read the full story at the Ellsworth American

NEW YORK: Long Island’s Offshore Wind Farm Plans Take Root

March 2, 2022 — After years of planning and debate, offshore wind farm developers recently took several big steps forward in a half dozen projects in various stages of development off the coast of Long Island.

A record-setting sale of offshore wind development rights last week saw combined bids for six areas off the coasts of New York and New Jersey stretching to $4.73 billion. The auction came less than two weeks after officials held a groundbreaking — or a seafloor breaking, as it were — ceremony in Wainscott on Feb. 11 to mark construction starting on the 130-megawatt South Fork Wind, the first offshore wind project in New York State.

LOCAL OPPOSITION

The South Fork Wind farm’s developers, Ørsted & Eversource, who plan to build 12 turbines about 30 miles off Montauk’s coast — enough to power 70,000 homes annually — have faced legal challenges from some Wainscott residents opposed to the cable coming ashore in their community.

Citizens for the Preservation of Wainscott filed a motion in the Appellate Division of New York State Supreme Court to block the construction until the court has an opportunity to rule on the group’s appeal of the state Public Service Commission’s decision allowing the cable to run through the community. The appeals court judges rejected that motion last month, but the suit is pending.

“We continue to support the move to renewable energy and celebrate the progress toward that goal,” the group said in a statement following the groundbreaking. “But we continue to have serious reservations regarding an infrastructure project that runs its cable through residential neighborhoods, and next to a PFAS superfund site, particularly when better alternative sites were available. Our focus will continue to be on protecting our community.”

The group isn’t the only one opposed. Bonnie Brady, executive director of the Montauk-based Long Island Commercial Fishing Association, protested the groundbreaking ceremony while playing an audio recording of what she says the construction noise will sound like from on land. As officials left, she reminded them that the turbines will be built in North Atlantic Right Whale territory.

Read the full story at the Long Island Press

Federal right whale legislation floated

March 2, 2022 — Introduced to the U.S. Senate last week was the Right Whale Coexistence Act of 2022, led by Sen. Cory Booker (D-NJ) and joined by fellow Democrats. The proposed bill seeks to help right whale conservation efforts “by supporting and providing financial resources for conservation programs and projects.”

The legislation adds to the swirl of regulatory and legal action aimed at protecting the right whales — but at a cost to Maine lobstermen and the $1 billion that the industry is estimated to add to the state’s economy each year.

The Right Whale Coexistence Act of 2022 aims to support through grants and other financial assistance conservation programs that curtail the effect of human activity on right whales. Right whales are injured and killed from ship strikes as well as being entangled in fishing lines.

The North Atlantic right whale is protected under the federal Endangered Species Act of 1973. The number of right whales has steadily declined since 2010 and the estimated population dropped 30 percent from 2019 to 2020, according to federal monitoring programs. It now stands at below 340, the lowest in two decades, and the reported number of breeding females is small.

Read the full story at the Ellsworth American

Diversifying the catch seen as more important than ever for Maine’s fishery

February 23, 2022 — While lobster dominates Maine’s seafood economy, threats to the industry suggest that improving the diversity of the state’s seafood production is an important solution to consider.

The lobster catch in Maine broke a record last year at $725 million, up more than $312 million from 2020. But concerns about the future of the industry are looming with new regulations that have been imposed to protect right whales.

More concern surfaced when the Monterey Bay Aquarium Seafood Watch program, based in California, said it is considering adding the North American lobster to its “red list,” which means Maine’s lobster fishery would lose its sustainability label.

The preliminary report on the American lobster, which questions the impact lobster traps have on right whales in the Gulf of Maine, remains under consideration and is open to public comment through the end of March.

Maine’s lobster fishery is currently rated “yellow,” meaning it’s OK to buy, but consumers should be aware of “concerns” regarding how the product is caught or managed.

Read the full story at the Portland Phoenix

Committee rejects proposal for Maine lobster industry legal defense fund

February 23, 2022 — A Maine legislative committee largely rejected a bill Tuesday that would have created a legal defense fund to help the lobster industry fight recent and expected regulations designed to help protect endangered North Atlantic right whales.

A bipartisan majority of the Legislature’s Marine Resources Committee members, despite expressing support for the bill’s intent, voted 9-4 “ought not to pass” after regulators, industry members and the state Attorney General’s Office said the bill could have unintended consequences and might be unconstitutional.

The industry would pay for the legal defense fund through surcharges on lobster trap tags and licenses. The surcharges would generate an estimated $900,000 a year for the legal fund, but would divert money away from other industry causes.

The money would be split three ways among the Maine Lobstermen’s Association, Maine Lobstering Union and Maine Department of Marine Resources. The two industry groups would be reimbursed for any legal expenses incurred, and the state agency for added staffing expenses and any related legal action or research.

Read the full story at the Portland Press Herald

Federal lawmakers want to save the North Atlantic right whale

February 18, 2022 — One of New England’s most critically endangered species is getting some love from federal legislators.

On Thursday, Congressional Democrats introduced a bill focused on saving the critically endangered North Atlantic right whale. The legislation, introduced by Rep. Seth Moulton of Massachusetts and Sen. Cory Booker of New Jersey, would start a new grant program, making $15 million available each year for the next decade to projects that can reduce the risks of entanglement in fishing gear and vessel strikes.

North Atlantic right whales live almost exclusively along the eastern coasts of the United States and Canada. Many spend time in late winter and early spring feeding in Cape Cod Bay.

Read the full story at the Boston Globe

BOEM announces effort to protect right whales

February 10, 2022 — The Bureau of Ocean Energy Management (BOEM) announced in a press release it is partnering with multiple federal and state entities to research and strengthen the protection of the endangered North Atlantic right whales. The groups mentioned in the press release include the National Oceanic and Atmospheric Administration (NOAA), NOAA Fisheries, and the Massachusetts Clean Energy Center.

According to the release, BOEM is working with NOAA to develop strategies to “protect and promote the recovery of right whales” while allowing responsible development of offshore wind farms. The two organizations, with other partners, are also working on a passive acoustic monitoring network to identify and monitor the movements and distribution of marine mammals.

Read the full story at The Martha’s Vineyard Times

 

Committee puts off decision on $30M fund for Maine lobster fishers

February 9, 2022 — A Maine legislative committee on Tuesday put off its vote on a plan to create a $30 million fund to help fishermen cope with new fishing rules meant to protect whales.

The Maine lobster fishery is subject to new rules designed to protect North Atlantic right whales from entanglement in gear. A bill proposed by Democratic Rep. Holly Stover would create the relief fund to help fishermen hurt economically by the new rules pay for expenses such as boat payments and gear.

Read the full story at the AP

MAINE: Proposal for lobster industry legal defense fund gets divided response

February 9, 2022 — A bill that would set up a legal defense fund to help the Maine lobster industry fight a series of impending regulatory changes was met with mixed reaction from lawmakers and industry participants during a public hearing Tuesday.

The Legislature’s Marine Resources Committee also tabled a vote on another bill that would create a $30 million economic relief fund for lobstermen, paid out of the state’s general fund.

The push for legal and economic relief comes in advance of new federal rules that will require lobstermen in the Gulf of Maine to adopt special ropes and other equipment and techniques designed to reduce mortality risk to the critically endangered North Atlantic right whale. Those rules are set to take effect May 1, although the industry is seeking a 60-day extension.

Unlike the proposed economic relief fund, which would rely on taxpayer money, the legal defense fund would be paid for with surcharges on lobster trap tags and licenses. Those fees would generate an estimated $807,000 a year for the fund, but would divert money away from other industry causes.

Read the full story at the Portland Press Herald

MAINE: Local lobstermen hear mostly bad news at Zone B Council meeting

February 8, 2022 — Area lobstermen heard little good news at a Jan. 31 Zone B Council meeting as Department of Marine Resources Commissioner Patrick Keliher shared information presented earlier at a December 2021 Lobster Advisory Council meeting. 

New gear, reporting and trap line regulations and the temporary closure of local waters to lobster fishing – all aimed at protecting the endangered North Atlantic right whale – are changing how lobstermen fish today and in the future. But greater challenges will play out in federal courts, as lawsuits levied by well-funded environmental groups could shut the fishery completely down. 

“This represents the greatest threat to the industry,” Deputy Commissioner Meredith Mendelson said. 

If the federal court rules to vacate the National Oceanic and Atmospheric Administration (NOAA)’s biological opinion, as one lawsuit requests, on grounds that it violates the Endangered Species Act and the 1946 Administration Procedures Act (which governs how federal agencies develop and issue regulations), then NOAA’s National Fisheries Marine Service (NFMS) could not legally authorize the fishery to operate. 

Read the full story at the Mount Desert Islander