Saving Seafood

Maine Lobstering Union drops part of lawsuit against NOAA Fisheries

August 25, 2022 — The Maine Lobstering Union is agreeing to drop part of its lawsuit against the National Marine Fisheries Services, where the federal agency is closing a 960-square-mile section of the Gulf of Maine to lobster fishers.

Federal regulators said this section of ocean is prime habitat for North Atlantic right whales and argued blocking that part of the ocean off from buoy lines from Oct. 18 to Jan. 31, 2023, would help reduce the risk posed to entanglements between lobster gear and whales.

Alfred C Frawley with McCloskey, Mina, Cunniff, and Frawley, LLC, said in an email the move was made as federal agencies add more regulations against the lobster industry.

“The MLU has taken the procedural step of agreeing to dismiss its case in Maine, which was largely mooted by the DC Court’s recent decision, in order to focus its resources on the ongoing litigation in DC and on ensuring that NMFS issues a new rule that both protects the North Atlantic right whale and ensures the sustainability of Maine’s lobster fishery,” Frawley said in an email to NEWS CENTER Maine.

Read the full story at News Center Maine

MAINE: Maine politicians blast ‘unfair’ court decision targeting lobster gear

July 14, 2022 — A federal circuit court has reinstated a ban on lobster fishing gear in a nearly 1,000-square-mile area off New England to try to protect endangered whales.

The National Marine Fisheries Service issued new regulations last year that prohibited lobster fishing with vertical buoy lines in part of the fall and winter in the area, which is in federal waters off Maine’s coast. The ruling was intended to prevent North Atlantic right whales, which number less than 340, from becoming entangled in the lines.

The circuit court sent the case back to the district court level, but noted in its ruling that it does not think the lobster fishing groups that sued to stop the regulations are likely to succeed because Congress has clearly instructed the fisheries service to protect the whales.

Commercial fishing groups have filed lawsuits about new rules designed to protect the whales because of concerns that the regulations will make it impossible to sustain the lobster fishing industry. The industry, based mostly in Maine, is one of the most valuable in the U.S., worth more than $500 million at the docks in 2020, according to the National Oceanic and Atmospheric Administration.

Conservation groups have called for tighter laws. Tuesday’s ruling is “a lifesaving decision for these beautiful, vulnerable whales,” said Kristen Monsell, an attorney at the Center for Biological Diversity who argued the case at the circuit court.

Read the full story at the Bangor Daily News

Council Discusses Climate Change, Research Priorities, EBFM, Sturgeon, Right Whales, and Equity & Environmental Justice

July 14, 2022 — The New England Fishery Management Council met June 28-30, 2022 and received numerous updates over the course of its three-day hybrid meeting in Portland, Maine. Here are a few of the highlights.

CLIMATE CHANGE: The Council received a presentation from the Northeast Fisheries Science Center on the Draft Northeast Climate Regional Action Plan, which is out for public comment through July 29, 2022. Version 1 of the plan was in place from 2016 to 2021. The current draft – Version 2 – will be used by NOAA Fisheries to implement the agency’s Climate Science Strategy in 2022-2024. The document contains information on warming ocean temperatures (see graphic at right) and much more. The Council received input from its Scientific and Statistical Committee (SSC) on the draft action plan and will be submitting its own written comments in advance of the deadline.

The Council also received a progress report on the East Coast Climate Change Scenario Planning initiative. The overarching questions are:

• How might climate change affect stock availability and distribution, as well as other aspects of East Coast marine fisheries, over the next 20 years; and

• What does this mean for effective future governance and management across multiple jurisdictions? What tools are needed to provide flexible and robust management strategies to address uncertainty in an era of climate change?

The Core Team working on this initiative hosted a June 21-23, 2022 Scenario Creation Workshop where participants developed scenarios or stories describing eight alternative futures under climate change. Next, the Core Team will review and edit inputs from the workshop to create a draft set of scenarios for further discussion and feedback during three scenario deepening webinars in mid-August. These webinars will be open to the public. The Council will have an in-depth discussion of the scenarios during its September 27-29, 2022 meeting and provide feedback to the Core Team on next steps.

Read the full release here

Feds look at expanding habitat for world’s most endangered whales

July 13, 2022 — North Pacific right whales, the most endangered whales in the world, could gain an expanded protected habitat from Alaska to Baja California, if the feds approve after a one-year review now underway.

On Monday, National Oceanic and Atmospheric Administration Fisheries announced the review, a response to a petition filed this past March by the nonprofit Center for Biological Diversity and conservation group Save the North Pacific Right Whale — dedicated to increasing protections and awareness of the rare whale. They urged the federal government to revise the critical habitat designation for North Pacific right whales under the Endangered Species Act.

In 2008, the Fisheries Service issued a final rule designating about 1,175 square miles in the Gulf of Alaska and 35,460 square miles in the Southeast Bering Sea as critical habitat for North Pacific right whales. But the environmentalists say two key habitats are essential for this right whale population’s survival — a migratory corridor through the Fox Islands in the Aleutian chain, including Unimak Pass, and feeding grounds near Kodiak Island.

In their petition, the groups argued the government should connect the existing critical habitats by extending the Bering Sea unit boundary westward and southward to the Fox Islands, through Unimak Pass to the edge of the continental slope, and eastward to the Kodiak Island. This change would encompass a key migratory point for whales and connect their foraging grounds, the organizations said.

Alice Kaswan, professor and associate dean at University of San Francisco School of Law, said while this announcement does not mean the agency will agree with the petition’s demands, it does indicate “the door’s open” for similar petitions.

“The agency’s willingness to grant the petition shows it’s open to conducting the additional science to determine whether the additional land or ocean really should be set aside as critical habitat,” Kaswan said. “It’s an indication that this administration has a willingness to protect endangered species.”

Read the full story at Courthouse News Service

NOAA broke law by not protecting right whales, judge rules

July 12, 2022 — NOAA violated federal law by not doing enough to protect endangered North Atlantic right whales from entanglements caused by lobster fishing gear, a federal judge said Friday.

In his ruling, Judge James Boasberg of the U.S. District Court for the District of Columbia said the agency broke both the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA) when it issued a biological opinion and a final rule that changed fishing gear requirements last year.

Boasberg declared both the biological opinion and the rule “invalid” and said more needs to be done to protect the whales.

The judge acknowledged that “this may seem a severe result” for both NOAA Fisheries and the lobster industry but added that “no actor here … operates free from the strict requirements imposed by the MMPA and ESA.”

NOAA declined to comment.

The ruling marked a win for the Center for Biological Diversity, the Conservation Law Foundation, and Defenders of Wildlife, groups that first sued NOAA in early 2018 over a prior biological opinion.

“The court’s decision recognizes what NOAA Fisheries has ignored for decades — that Congress clearly intended to protect right whales from the lobster gear entanglements that are driving the species toward extinction just as surely as whaling nearly did,” said Jane Davenport, senior attorney at Defenders of Wildlife.

Davenport said the opinion represented “the course correction the agency needs to put both the species and the fishery on a path towards sustainability and co-existence.”

Read the full story at E&E News

Federal court rules fisheries officials didn’t do enough to protect right whales from lobster gear

July 8, 2022 — A federal court on Friday ruled in favor of environmental groups that had filed a lawsuit against the government and the Maine Lobstermen’s Association claiming federal fisheries officials had failed to protect endangered North Atlantic right whales from potentially fatal entanglements in lobster fishing gear, records show.

A judge ruled that NOAA Fisheries had violated the Marine Mammal Protection Act and Endangered Species Act when it issued a May 2021 biological opinion and a September 2021 final rule because officials had not done enough to reduce the lobster fishery’s threat to right whales, the plaintiffs in the suit said in a statement.

The lawsuit was filed in 2018 by the Center for Biological Diversity, the Conservation Law Foundation, and Defenders of Wildlife.

Read the full story at The Boston Globe

Maine lobster industry could receive nearly $14 million in federal aid

July 5, 2022 — Maine’s lobster industry could receive most of the $14 million the federal government is allocating to help lobstermen comply with new rules that are intended to save the critically endangered right whale from extinction.

If approved by Congress, the $14 million will be doled out to states through the Atlantic States Marine Fisheries Commission to cover costs incurred by the fishing industry to comply with the Atlantic Large Whale Take Reduction Plan. Costs may include gear modification, configuration and marking, both in federal and state waters.

Maine is expected to receive the lion’s share of the money, since the state is home to the vast majority of the American lobster fleet. Maine lobstermen already received more than $17 million in federal aid in March as part of a $1.5 trillion omnibus funding package.

It was not clear Friday how the proposed federal funding might be allocated among Maine’s 4,500 to 5,000 licensed lobstermen.

The funding has been included in the House of Representatives’ Commerce, Justice, and Science Fiscal Year 2023 Appropriations bill. The House Appropriations Committee approved the bill Friday. From there, it will be voted on by the full House.

Read the full story at The Portland Press Herald

Whale activists file objection to Gulf of Maine lobster fishery certification

July 1, 2022 — Conservation groups formally objected to a recent recommendation by MRAG Americas that the Gulf of Maine lobster fishery be recertified to the Marine Stewardship Council standard.

The Gulf of Maine lobster fishery, which covers U.S. landings of the North American lobster was first certified to the MSC standard in 2016, and its current certificate expires on June 30. MRAG Americas has recommended that the certification continue, but groups including Animal Welfare Institute, Defenders of Wildlife, and the Natural Resources Defense Council claim the fishery no longer meets the standards due to complications related to the critically endangered North Atlantic right whale.

“If the Gulf of Maine lobster fishery was certified as sustainable at this time, consumers of MSC-certified lobster could be unknowingly hastening the demise of one of our most emblematic and endangered species,” said Francine Kershaw, senior scientist with NRDC, in a prepared statement. “There could not be a more blatant way to further erode consumer confidence in MSC as a certifying body.”

At the heart of the issue is the reoccurring fight over the lobster industry’s impact on right whales – something the MSC has been involved with once before. In August 2020, the MSC suspended the certification of the Gulf of Maine lobster fishery after a federal court found it was in violation of the Endangered Species Act.

The suspension has since been lifted, and the lobster industry is also under new standards implemented by NOAA Fisheries to comply with Endangered Species Act. Despite the new rules, the NGOs claim that the fishery is still relying on insufficient protection measures and that it is still posing a threat to right whales.

Read the full story at National Fisherman

MAINE: Lobstermen frustrated by regulations after new study shows whale entanglements decline

June 30, 2022 — A new report has Maine lobstermen saying, “I told you so.”

The report says large whale entanglements dropped in 2020, including for the right whale.

Lobstermen in Maine have long argued they should not be blamed for the right whales’ population decline, which makes this new study from NOAA all the more frustrating.

“I’ve been doing this my whole life,” Harpswell lobster boat captain Forrest Moody said. “This is what we know.”

Moody calls the new changes to the industry “life-altering.”

“There hasn’t always been evidence to prove or say what they were asking us to do but we still were, we were still made to do it,” Moody said.

Read the full story at WGME-TV

A Story About Whales & Scallops in Maine

June 29, 2022 — The number of whales entangled in fishing gear has declined recently, but the issue remains a critical threat to rare species.

The National Oceanic and Atmospheric Administration, NOAA, reports that there are only 340 North Atlantic right whales in the entire world right now.

So getting tangled and trapped in fishing nets, or collisions with ships in the ocean is not good.

NOAA says the decline in entanglements could be due to fewer fishing activities due to the pandemic.

Priced Scallops lately? Two years ago they were sold for about $20 a pound. Now, $25 a pound. An increase of 25%.

Blame supply and demand.

Supply is down significantly over the past few years according to the New England Fishery Management Council.

Read the full story at Q106.5