Saving Seafood

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

Are the whales leaving? Gulf of Maine research raises questions about new lobstering rules

April 1, 2022 — As the Gulf of Maine’s waters warm, recent studies show the main food source of the endangered North Atlantic right whale is moving north, out of Maine waters. And the whales appear to be following them.

Such findings haven’t escaped the notice of the Maine lobster industry, which has been referencing them in its legal arguments as to why impending new federal restrictions on lobstering gear won’t help save the whales. Its members have pointed to recent studies that suggest the relocation of copepods – small aquatic crustaceans that make up the whales’ preferred diet – is not just a temporary phenomenon but a long-term trend.

The Maine Lobstermen’s Association has filed a lawsuit against the National Marine Fisheries Service arguing that its 10-year conservation plan to protect right whales, primarily by requiring commercial fishing gear modifications such as using breakaway rope and deploying more traps per line, is not based on the best available science. The new gear restrictions are set to take effect May 1 despite ongoing legal challenges by the lobster industry and repeated protests by government officials.

“(The association is) asking the court to require the agency to develop a new plan based on sound science that would protect both the whale and the lobster industry,” said Patrice McCarron, the group’s executive director.

Read the full story at the Sun Journal

Maine’s lobster industry is in a fight for its survival

December 6, 2021 — Friday’s ruling by the U.S. Supreme Court to uphold reinstatement of a 967-square-mile lobster fishing closure is another devastating blow to Maine lobstermen.

In October, a U.S. District Court judge in Bangor had ruled that there was reason to question the federal government’s decision to close this prime lobstering area for four months this winter. When an appeals court overturned this decision in November, lobstermen who had already set traps in this area were forced to dangerously hurry and take them up, creating economic hardship for those who invested in gear, rigged up and were already fishing in these productive waters.

For Maine’s lobster industry, this is another frustrating example of one step forward, two steps back. This latest court ruling, however, is just the tip of the iceberg that threatens to sink the fishery.

Earlier this year, the National Marine Fisheries Service released a 10-year plan intended to protect the endangered North Atlantic right whale. The problem is that the government’s plan won’t protect the right whale. And the Maine lobster fishery could be eliminated as collateral damage.

Under the fisheries service’s plan, Maine lobstermen are required to reduce risk to right whales by 98 percent by 2030. But, according to the fisheries service’s own data, the closure of nearly 1,000 miles of lobstering grounds in the Gulf of Maine for a third of the year is only responsible for about 6.5 percent of that. It’s unbelievable that even after implementing a closure of this size and scale, with all its devastating economic impacts, we will still somehow be required to reduce our risk by another 91.5 percent.

Read the full op-ed at the Bangor Daily News

Maine lobster industry decries lack of clarity on enforcement of new whale-protection rules

October 12, 2021 — State and federal regulators say they are prepared to enforce the 967-square-mile area of the Gulf of Maine that will be closed to traditional lobstering for the next three months but have been tight-lipped about what the enforcement will look like or what the penalties might be for anyone who is found in violation of the closure area.

Environmentalists, who support the closure designed to help protect critically endangered North Atlantic right whales from becoming entangled in lobstering gear, say the lack of details isn’t surprising, but Maine lobster industry officials are frustrated by the silence.

According to Patrice McCarron, executive director of the Maine Lobstermen’s Association, the industry is still grappling with trying to understand why the area is even going to be closed in the first place. The closure goes into effect Oct. 18. 

“Now it’s happening and we’ve had zero correspondence on what the rules of operation will be, what the enforcement will be,” she said. “The entire closure has literally fallen from the sky, and we’ve been given very little information and (told) to get out of there. … Everything I’ve seen is Oct. 18, here’s the box (outlining the closure area), get your gear out.”

Read the full story at the Portland Press Herald

 

Maine Lobstermen’s Association: Maine lobstermen frustrated by whale rules

October 7, 2021 — On Aug.31, the National Marine Fisheries Service released the long-awaited final rule which outlines measures for the Northeast lobster fishery to reduce the risk of entangling right whales by 60 percent. The Maine Lobstermen’s Association is committed to action to recover the North Atlantic right whale, but the species cannot rebuild without a conservation plan supported by scientific evidence and comparable measures implemented in Canada and the U.S. shipping industry. The MLA remains extremely concerned that NMFS is placing an unwarranted burden on the Maine lobster fishery.

The U.S. lobster fishery implemented new regulations more than a decade ago which have reduced known right whale entanglement in U.S. lobster gear by 90 percent.

“According to NMFS data, the Maine lobster fishery has not had a documented entanglement with a North Atlantic right whale in over 17 years and has never been known to kill or seriously injure a right whale,” said Patrice McCarron, executive director of the MLA.

By comparison, an historic number of right whales have died in Canadian waters over the past five years, and Canada has yet to implement protections comparable to the U.S. Moreover, the most current, best available scientific evidence documents a change in right whale migration patterns away from Maine waters and into Canada and other areas.

Read the full article at National Fisherman

 

US lobster fisheries anxious over upcoming whale protections

July 6, 2021 — The profitable U.S. lobster fishery will soon have to contend with new rules designed to protect an endangered species of whale, and that could necessitate major changes for people in the industry.

The federal government is working on new rules designed to reduce risk to North Atlantic right whales, which number only about 360. One of the threats the whales face is entanglement in ropes that connect to lobster and crab traps in the ocean.

The new rules are expected to be released late this summer or early in fall, a spokesperson for the National Oceanic and Atmospheric Administration said. Early indications show that the changes required by the rules could be significant.

Right whales were once abundant off the East Coast, but they were decimated by hunting during the commercial whaling era. They’ve been listed as endangered since 1970, but the population remains small, and in jeopardy. Recent years have also brought high mortality and poor reproduction among the whales.

They’re also vulnerable to ship strikes, and face the looming threat of warming oceans. Acting NOAA Fisheries Assistant Administrator Paul Doremus said in June that the U.S. and Canada, which also harvests lobsters, must “take and sustain additional efforts to reduce right whale mortalities and serious injuries.”

The rules will focus on reducing the number of vertical ropes in the water, and they’re also expected to modify restricted areas of ocean, the government has said. A conservation framework released by the federal government in May states that the first phase of rules will be designed to reduce risk to the whales by 60%.

The lobster industry is prepared to do its part to conserve the whales, but a near complete risk reduction would require a total overhaul of the fishery, said Patrice McCarron, executive director of the Maine Lobstermen’s Association.

Read the full story from the Associated Press at The Washington Post

Federal plan to save whales could mean big changes for lobster industry

June 7, 2021 — Federal officials recently released plans to all but eliminate risk to the critically endangered North Atlantic right whale, but Maine lobster industry leaders fear the plan will only shift the risk of the extinction from the whales to the lobstermen.

The National Oceanic and Atmospheric Administration released its final biological opinion May 27 – a requirement under the federal Endangered Species Act. This document becomes the basis of rule-making surrounding the specific species, in this case, the North Atlantic right whale.

Officials found that, provided they meet the reduction targets in the implementation framework, none of the 10 fisheries included in the document, among them the lobster fishery, were “likely to jeopardize the continued existence of the North Atlantic right whales.”

Patrice McCarron, director of the Maine Lobstermen’s Association, fears the industry can’t sustain that level of change.

“If you look at the changes we’ve made over the last 25 years, there’s not a lot left to give,” she said.

By the final phase, “I don’t see how we would even have a fishery. There’s not a lot of obvious ways we could do this and still have our fleet intact,” she said. “It’s really hugely concerning.”

Read the full story at the Portland Press Herald

Lobster industry still waiting for precise rules from feds to protect right whales

June 1, 2021 — Maine’s lobster fishermen are anxiously waiting to learn exactly what they will have to change to meet new federal requirements to protect the endangered right whale. On Thursday, the federal agency NOAA Fisheries released their final biological opinion about the threat to right whales, saying there have to be major changes by New England fishermen so whales won’t get tangled in fishing gear and die.

Fishermen have been worrying about and waiting for federal guidelines for more than two years. They had some of their fears confirmed by the latest report from NOAA, but still are waiting to get the needed details.

The big target to protect whales is called risk reduction, primarily by cutting the number of vertical ropes in the water that connect traps to buoy.

The National Marine Fisheries Service, part of NOAA Fisheries, said those ropes pose a big risk of tangling right whales, so they have to be reduced 60 percent right away. How that should happen is one of the details fishermen are waiting to learn, but previous documents from NMFS suggested a primary method should be requiring longer trawls, meaning putting many more traps on each line, in addition to using sections of weaker rope that can break away if snagged by a whale.

Patrice McCarron, executive director of the Maine Lobstermen’s Association said Maine is being unfairly penalized for whale deaths actually happening in Canada and those from whales being hit by ships at sea. She said that while lobstermen will have to follow the rules, the industry will continue to pressure NMFS to improve its data and create more fair regulations.

Read the full story at News Center Maine

Georgians boycott Maine lobster industry after right whale dies

April 27, 2021 — Maine’s lobster industry is keeping a wary eye on a consumer boycott launched in Georgia.

Conservation groups there charge that New England’s lobster gear and trap-rope risk entangling and killing endangered right whales, and they said seafood lovers should choose other options.

The right whale has been Georgia’s official “state marine mammal” since 1985.

“The North Atlantic right whale is beloved, and those of us who love the Georgia coast just really celebrate the season when the whales come south to give birth,” said Alice Keyes, the coastal conservation director for an organization called 100 Miles, so-named for Georgia’s hundred-mile shoreline.

Read the full story at the Bangor Daily News

Maine lobstermen crack a good year despite virus

March 24, 2021 — Maine’s lobster catch dipped slightly last year as fishermen dealt with the coronavirus pandemic, but the final totals were better than some feared.

Fishermen caught more than 96 million pounds of lobsters in 2020, the Maine Department of Marine Resources said Wednesday. That total broke a string of nine consecutive years in which harvesters brought at least 100 million pounds of lobsters to land.

Maine is by far the biggest lobster fishing state in the country, and the harvest is central to the state’s economy and heritage. Members of the industry feared at the outset of the pandemic that it would be difficult to equal previous years’ hauls because of the toll of the virus on the economy and the workforce.

However, the 2020 catch would have been a state record as recently as 2010. A boom in annual lobster catch began more than a decade ago.

Fishermen were selective about when they went fishing last year to avoid bringing too much product to land when demand was lower, said Patrice McCarron, executive director of the Maine Lobstermen’s Association.

Read the full story from the Associated Press at The Washington Post