Saving Seafood

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

Maine governor, delegation want whale protections delayed

February 7, 2022 — Maine’s governor and congressional delegation are calling on the federal government to push back new fishing rules designed to protect whales so fishermen can comply with them.

New lobster fishing rules require fishermen to start using weakened rope or special inserts to weaken existing rope beginning in May in some waters. That’s to protect critically endangered North Atlantic right whales.

Democratic Gov. Janet Mills and the four members of the delegation said Monday the federal government should push the conversion deadline from May 1 to July 1. They said a lack of compliant gear is making it hard for harvesters to comply with the rules.

Read the full story at AP News

Maine lawmakers asked to create $30M emergency fund to aid fishermen

February 3, 2022 — Maine lobstermen can resume setting their traps in a roughly 960-square-mile area of ocean that’s been off-limits to them for the past two months.

That closure was part of new rules from the federal National Oceanic and Atmospheric Administration, ordered to protect endangered North Atlantic right whales.

Fishermen in that offshore area were told to remove their traps by late October, but the Maine Lobstering Union challenged the requirement in court and won a restraining order. However, just a few weeks later, a federal appeals court overturned that ruling and reinstated the closure, which finally began at the end of November.

The Maine Lobstermen’s Association estimated last year that nearly 200 fishermen normally work that area during the months it would be closed.

Tuesday marked the end of the closure and fishermen can now return to those waters. However, the MLA said the closure has cost those fishermen money, as they had to spend time relocating traps instead of fishing, which may have reduced catches.

Read the full story at News Center Maine