Saving Seafood

Future of Maine’s lobster industry to be decided in federal court

January 5, 2022 — The new year could bring about big changes for Maine’s lobster industry. Two lawsuits are scheduled to be heard in U.S. District Court in Washington, D.C., involving a federal proposal to protect North Atlantic right whales. The outcome could determine when, where and how lobstermen can fish off the state’s coastline.

“If you take one of the largest-earning industries away from Maine, we’re already in a position where young people continue to move away because there aren’t enough jobs or good paying jobs and if you go ahead and eliminate more of them, you will lose more and more assets in the state,” says Chris Welch, a full-time lobsterman from Kennebunk.

The 10‐year whale protection plan proposed by the National Marine Fisheries Service would close more than 950 square miles of fishing grounds, about 30 miles off Maine’s coast, to traditional lobster fishing.

The proposed regulations also would require lobstermen to make numerous changes to their gear, and to when and where they are allowed to fish based on when right whales are believed to be in the area.

Read the full story at Spectrum News 1

MAINE: Whale rules, pending lawsuits focus of gloomy Advisory Council meeting

December 23, 2021 — A complicated and potentially grim future is predicted for the commercial lobster industry, with environmental groups, gear changes, the closure of offshore waters to lobster fishing and judicial rulings painting a “doom and gloom” picture, in the words of Department of Marine Resources (DMR) Commissioner Patrick Keliher. 

“I think there’s going to be a lot of moving pieces,” Keliher told Lobster Advisory Council members and others in virtual attendance at the council’s Dec. 15 meeting.  

Some of those pieces could spell the end of the commercial lobster fishery in Maine, DMR Deputy Commissioner Meredith Mendelson said, as she ran through the current lawsuits aimed at preserving the North Atlantic right whale. If any or all prevail, the lobster fishery will bear the brunt of the results. 

These days, lobstering is all about the right whale population, of which an estimated 336 whales – the lowest number in nearly 20 years – swam in the Atlantic Ocean in 2020. Right whales were listed as an endangered species in 1970 and became protected when the Endangered Species Act of 1973 was later passed. 

Read the full story at the Mount Desert Islander

Hearings set for new electronic lobster boat tracking rules

December 20, 2021 — Interstate fishing managers are holding a series of public hearings next month about a plan to implement electronic tracking for lobster boats.

An arm of the Atlantic States Marine Fisheries Commission is considering implementing the tracking requirements for lobster and Jonah crab boats that have federal permits. Regulators have said the requirement could help protect rare North Atlantic right whales and give scientists more information about the lobster and crab population.

The lobster industry is facing a host of new rules to protect the right whales, which number less than 350 and are vulnerable to entanglement in fishing gear.

The virtual hearings will be for specific states or regional in nature.

Read the full story from the Associated Press at the Gloucester Times

These whales are so decimated that a single birth was cheered by scientists

December 6, 2021 — In the ocean off South Carolina, researchers spotted something attached to Slalom the North Atlantic right whale, and for once, it was a good thing. She had a baby.

A sigh of relief spread across the community of Atlantic whale watchers who know critically endangered right whales are as likely to die as they are to give birth. On her path to motherhood at age 39, Slalom — named for a series of callous-like patches on her head that swoop like a ski slope — has survived at least six fishing net entanglements that are known to kill whales.

Over the past decade, the right whale population fell from more than 500 in 2010 to about 335, largely because of entanglements, boat strikes and slicing propellers. Fewer than 100 adult females remain. By comparison, endangered southern right whales that swim between Australia and South America number in the thousands.

“If you look at a graphic of what the North Atlantic right whale population looks like, it can seem like there’s no hope. It’s really alarming how quickly the population has declined in the last 10 years,” Philip Hamilton, a senior scientist for the New England Aquarium, said in an interview Friday.

Read the full story at The Washington Post

Supreme Court keeps limits on lobster fishing in Maine to protect rare right whales

December 6, 2021 — The U.S. Supreme Court ruled Friday against Maine lobster fishermen who sought to block new fishing restrictions that are designed to protect rare whales.

The new rules make an approximately 950-square-mile area of the Gulf of Maine essentially off limits to lobster fishing from October to January. That’s to protect North Atlantic right whales, which are one of the rarest whales and number less than 340.

Members of Maine’s lobster fishing industry asked the high court to block the new restrictions after an appeals court ruled that the closure was legal. Justice Stephen Breyer rejected the appeal on Friday without comment, a spokesperson for the Supreme Court said.

The Maine Lobstering Union and others have argued that the restrictions will hurt the fishing industry economically. The restrictions are intended to protect the whales from lethal entanglement in fishing gear. That’s one of the biggest threats to their existence.

Read the full story from the AP at the Boston Globe

Lobstering union petitions U.S. Supreme Court to overturn Gulf of Maine closure

December 3, 2021 — Lobster harvesters were forced to remove their gear from a large section of the Gulf of Maine this week. Though their traps may no longer be in the water, the industry is not giving up its fight.

The Maine Lobstering Union filed an emergency application last week asking the U.S. Supreme Court to vacate a lower court ruling and reopen the roughly 950-square-mile area, which is slated to be closed through January – and every subsequent October through January – in an effort to protect the critically endangered North Atlantic right whale.

It’s the most recent development in a monthslong legal battle between members of the lobster industry, who say their livelihoods are at risk, and conservationists, who say the whales are headed for extinction.

Virginia Olsen, a lobsterwoman and a member of the union, said the group looks forward to continuing what it considers a fight to save the industry, and the families and communities that depend on it.

Read the full story at The Portland Press Herald

A guide to understanding the fight over whales and lobster gear in the Gulf of Maine

November 26, 2021 — Right now, lobstermen are hauling their gear out of a 967-square mile stretch of ocean, roughly 30 miles offshore, in the Gulf of Maine.

Lobstermen don’t want to vacate the area, especially during the lucrative, deep-water, winter fishing season but federal courts and lawsuits are forcing them to do so.

Last week, the Federal First Circuit Court of Appeals reinstated a seasonal prohibition by the National Marine Fisheries Service on lobstering with buoys and lines in that area. The closure, running October through January, is an attempt to protect critically endangered North Atlantic right whales from deadly entanglements in lobster gear.

Read the full story at Bangor Daily News

 

As Vineyard Wind Moves Forward, Fishermen and Scientists Raise Questions About Impact

November 23, 2021 — The Biden administration has approved America’s first large-scale, offshore wind power project – Vineyard Wind off the coast of Massachusetts. But for every supporter of the project, there are detractors raising questions. Lisa Fletcher looked at the pros and cons of ‘reaping the wind’ on “Full Measure with Sharyl Attkisson.”

Ms. Fletcher examined what the project could mean for New Bedford, Massachusetts, the nation’s top grossing fishing port, and its valuable scallop harvest, which averages around $400 million a year in landings.

“The amount of wind farms they’re proposing will displace fisheries,” said Ron Smolowitz, the owner of Coonamessett Farm in East Falmouth, Massachusetts and a former fishing captain who worked with NOAA. “The fish will adapt, the fishermen can adapt, but they’ll need funding.”

Mr. Smolowitz said that current funding proposed by Vineyard Wind to compensate fishermen for their losses is “nowhere near enough.” The proposed funding would average roughly $1 million a year over the 30-year life span of the project, Mr. Smolowitz said, while one scallop vessel alone can gross $2 million annually, and there are 342 scallop vessels. “And that’s just one fishery,” he said.

Ms. Fletcher also examined other obstacles for the project, including the potential threat to critically endangered North Atlantic right whales.

“The industrial activity will increase shipping markedly both during the construction phase as well as during the maintenance phase,” said Mark Baumgartner, senior scientist at the Woods Hole Oceanographic Institution. Mr. Baumgartner said he and his team are working on deploying acoustic monitoring, with funding from Vineyard Wind, to help prevent ship strikes with right whales.

Watch the full story here

Industry, politicians deplore reinstatement of lobster fishing closure

November 19, 2021 — As lobster fishermen face an immediate requirement to remove their traps from a swath of offshore waters, the Maine Lobstermen’s Association on Wednesday said the seasonal closure will create economic hardship for many Mainers who have invested in gear, rigged up and are already fishing in the area.

Gov. Janet Mills also said the sudden closure will cause significant economic hardship for Maine’s lobster industry, “will cost hundreds of fishermen millions of dollars, and will have a profound impact on businesses that rely on landings during the lucrative late fall and winter months.”

The statements responded to the newly enacted seasonal closure on 967 square miles of lobstering territory in the Gulf of Maine. The closure was reinstated Tuesday when the 1st U.S. Circuit Court of Appeals stayed a preliminary injunction by a lower court preventing the shutdown from going into effect.

The closure is part of a plan, issued by the National Marine Fisheries Service on Aug. 31, that aims to protect the endangered North Atlantic right whale by creating new requirements affecting Maine lobstermen. In addition to the October-through-January closure, the plan includes mandates for additional gear marking and gear modifications.

Read the full story at Mainebiz

Court OKs limits on Maine lobster fishing amid challenge

November 18, 2021 — The United States can impose seasonal limits on lobster fishing methods in part of the Gulf of Maine while the fate of the restriction is being challenged, the 1st U.S. Circuit Court of Appeals has ruled.

The Tuesday ruling reverses a lower court decision that paused the new rule, which restricts the use of lobster fishing lines in an effort to protect North Atlantic right whales from deadly entanglement in the gear.

Alfred Frawley, a lawyer for a lobstering union and lobster harvesters who sued the National Marine Fisheries Service over its regulation, said the plaintiffs are analyzing the ruling.

Maine’s lobster industry is the biggest in the country. Its lobster fishery caught about $400 million worth of the sought-after crustacean last year, state data shows.

Read the full story at Reuters