Saving Seafood

First Circuit likely to save the whales despite lobstermen’s complaints

December 3, 2024 — An epic sea battle unfolded at the First Circuit Tuesday as Massachusetts fishermen tried to harpoon federal regulations that protect the North Atlantic right whale. But it appeared the judges were on the whales’ side and, as in “Moby Dick,” the fishermen may end up shipwrecked.

At issue is a federal rule that limits lobster and Jonah crab fisheries’ use of buoy lines, which can entangle and kill whales.

The fishermen’s lawyer, Daniel Cragg, told the judges that the rule resulted from Congress making a “drafting failure,” but the judges seemed incredulous.

“As between ‘Congress didn’t know what it was doing’ and ‘Congress did something that makes sense,’ it seems like making sense is the better option,” U.S. Circuit Judge Seth Aframe commented dryly during oral arguments.

For centuries right whales, which average 50 feet long and 50 to 75 tons, were targeted by whalers due to their docile nature and high blubber content. By 1937, when hunting them was banned worldwide, there were only about 100 left. The species rebounded a little, but in 1970 they were listed as endangered and the population today is estimated to be around 350.

Read the full story at Courthouse News Service

Wind power construction noise doesn’t destroy whale habitat, feds find

August 27, 2024 — The federal government issued a new “biological opinion” on the offshore wind power project off Martha’s Vineyard and Nantucket, finding that pile-driving noise associated with Vineyard Wind 1 is likely to adversely affect, but not likely to jeopardize, the continued existence of whales, fish or sea turtles listed under the Endangered Species Act.

“It will have no effect on any designated critical habitat,” National Oceanic and Atmospheric Administration Fisheries said in a statement. “NOAA Fisheries does not anticipate serious injuries to or mortalities of any ESA listed whale including the North Atlantic right whale.” The agency said that with mitigation measures, “all effects to North Atlantic right whales will be limited to temporary behavioral disturbance.”

NOAA Fisheries said Friday it was issuing its new opinion to the “federal action agencies” including Bureau of Ocean Energy Management, which approved the Vineyard Wind 1 Project in 2021 and oversees offshore wind power development in federal lease areas.

Read the full story at WBUR

Speed limits to protect whales? Not so fast, says Congress

July 29, 2024 — The federal proposal to designate critical habitat for the endangered Rice’s whale is slowing amid opposition from Gulf of Mexico state leaders, who say any potential restrictions to protect the whales could endanger their maritime industries.

With a population estimated at only around 75 animals, the Rice’s whale is at even more peril than the North Atlantic right whale, believed to number around 360 whales ranging along the U.S. Atlantic coast.

Back in October 2023 the National Oceanic and Atmospheric Administration backed off from a rule proposal that called for local 10-knot speed limits when Rice’s whales are seen in Gulf waters. The agency says ship strikes are a major danger for whales just below the sea surface.

That plan drew intense criticism from Gulf shipping and offshore energy industries. The NOAA Fisheries service is continuing to push for some measures to help the Rice’s whale survive, by designating a 28,000-square mile critical habitat along the continental shelf and slope waters within the Gulf of Mexico.

 Read the full article at Workboat

Interior defends Virginia offshore wind farm in court

May 7, 2024 — The Biden administration and the developer of a $9.8 billion wind farm off of Virginia Beach, Virginia, assured a federal court Friday that the project has all necessary approvals, amid claims that construction would harm the endangered North Atlantic right whale.

The joint court filing from the Interior Department and Dominion Energy comes in response to a request to halt work on the massive Coastal Virginia Offshore Wind project, which is slated to include 176 turbines and is the largest project of its kind currently under development in the United States.

Dominion and Interior’s Bureau of Ocean Energy Management filed their response following an order from Judge Loren AliKhan of the U.S. District Court for the District of Columbia seeking clarity on whether NOAA Fisheries — which handles Endangered Species Act consultations for marine life — had approved mitigation plans to protect the vulnerable right whale.

Read the full story at E&E News

VIRGINIA: Dominion Energy says preliminary injunction request not delaying offshore wind construction

May 7, 2024 — The legal battle between Dominion Energy and three organizations opposed to its offshore wind project is heating up.

In March, the Committee for a Constructive Tomorrow (CFACT), the Heartland Institute, and the National Legal and Policy Center sued Dominion Energy, alleging it hadn’t taken the necessary steps to protect the endangered North Atlantic right whale and other marine life during construction. Dominion Energy called the lawsuit “meritless.”

In the latest development, the three organizations requested a preliminary injunction, asking a judge to stop offshore construction before it starts.

A preliminary injunction is a judge-issued order that demands a defendant stop an allegedly harmful activity while a lawsuit progresses. On Monday afternoon, Dominion Energy submitted its response to the preliminary injunction request, calling the move an “eleventh hour attempt” to stop the project.

CFACT president Craig Rucker disagrees. “We need an injunction and a proper study that looks at all the cumulative aspects of these different wind farms,” he said.

Read the full story at 13News Now

Dominion Energy says court challenge not delaying Virginia wind project

May 2, 2024 — A coalition of groups opposing the Coastal Virginia Offshore Wind Project was in a Washington, D.C. federal court this week, seeking a preliminary injunction to stop construction work in May. 

Conservative activist groups the Heartland Institute, the Committee for a Constructive Tomorrow (CFACT), and the National Legal and Policy Center (NLPC) sued Dominion Energy and the Biden administration over federal permits for the planned 2.6 gigawatt project of 176 turbines.

The plaintiffs claim the federal Bureau of Ocean Energy Management and other federal agencies “have not done the legally required research to determine the project won’t harm the critically endangered North Atlantic right whale,” according to a Heartland Institute statement.

U.S. District Court Judge Loren AliKhan called on lawyers for Dominion, the government and plaintiffs to file more papers and responses by May 9, before she rules on the groups’ request for a preliminary injunction.

Read the full story at WorkBoat

MA lobstermen want to invent a better lobster trap

December 7, 2023 — Patrick Flanary: For years, right whale advocates and engineers have been trying to develop new lobster fishing gear designed to prevent whales from entanglements. But most local lobstermen say they’re against this so-called “on demand” fishing gear that’s been created. Now, as CAI’s Eve Zuckoff reports, lobstermen have decided to come up with their own technology. Eve, you were the first to report this, thanks for being here this morning.

Eve Zuckoff: Thanks for having me.

Patrick Flanary: So the Massachusetts lobstermen’s association has just been awarded a $1.2 million grant to develop new fishing gear. What’s their proposal?

Eve Zuckoff: Over the next year they’ll be working with an engineer to develop a “pinger” inside a lobster trap that sends satellite signals to show where traps are on the seafloor. So whenever a lobsterman is ready to collect his catch, he or she will go wherever the pinger says, throw a grapple — these metal hooks — down into the water, and haul up the traps.

All of this eliminates the need for a traditional buoy marking where their gear is, and an extra rope called an “end line” that’s known to entangle whales.

But to be clear: lobstermen don’t want to use this gear year round — just during closures — specifically an upcoming 3-month-long period where they have to be out of local waters to protect the whales.

Patrick Flanary: What would this pinger/grappling system replace exactly?

Eve Zuckoff: In recent years, engineers have developed “on demand gear,” sometimes called “ropeless gear.” Here’s how that works: when lobstermen set their traps, there is an inflatable bag and compressed air tank — or something similar — inside one of them. And when a lobsterman is ready to haul up their gear, they hit a button on an app, which triggers the bag to inflate, and the bag floats up to the surface where the lobsterman can haul it all in. But Beth Casoni, head of the Massachusetts Lobstermen’s association said her group is not a fan.

“The current systems are cost prohibitive,” she said. “Even if the government was to buy them, which would be ludicrous, the price tag would be insane for the entire lobster fishery.”

So the on-demand technology is similar to the pinger and grappling hook in that there’s no more buoy and stagnant rope just waiting in the water, ready entangle a passing whale, but the pinger eliminates the need for a costly inflatable bag, air tank, and other tech.

Patrick Flanary: So cost is obviously a factor. Are the pingers cheaper?

Eve Zuckoff: Ding, ding, ding! For now, as Casoni said, on demand gear is being subsidized by the federal government, but at some point, the cost could fall in fishermen to the tune of $3,000-7,500 for one line of traps. And lobstermen typically fish many lines of traps. The Massachusetts Lobstermen’s Association hopes pingers will cost just $300-$400 per line of traps.

Read the full story at NHPR

 

Proposed fund could help Maine lobstermen test new fishing gear

April 28, 2023 — State lawmakers are considering a measure that would create a new fund to help lobster fishermen test gear designed to reduce entanglement risks to endangered North Atlantic right whales.

The proposed fund would set aside $1 million for each of the next two years. The money would be paid to lobster fishermen who test ropeless and other kinds of new fishing gear designed to minimize interactions with right whales.

The most recent federal spending bill set aside nearly $20 million for fishing gear.

But Patrick Keliher, commissioner of the Maine Department of Marine Resources, said it’s reasonable that lobstermen receive a stipend for the work itself.

Read the full story at Maine Public

Tracking endangered North Atlantic right whales

April 28, 2023 — NOAA Fisheries is working with partner agencies and organizations to rebuild and conserve the remaining North Atlantic right whale population.

Now estimated to number only around 340 animals, they are one of the world’s most endangered species. NOAA says that tracking and monitoring the right whale population and the health of these mammals is crucial to their recovery efforts.

Right whales can be observed from a boat, on shore, and from the air, but researchers have varieties of technology and methods to be able to monitor these mammals underwater.

By attaching tracking devices to right whales, scientists and researchers can learn more about the time that these animals spend out of sight.

The tracking devices are known as tags that can be attached to a whale through a suction cup or implantable darts. NOAA shares that these tags document the animal’s location, behavior, movement, swim speed, habitat uses, dive depth, and health.

Some of the tags can record audio and capture ocean temperatures. The collected data provides insights on an animals movement and behavorial habits that are critical for addressing their conservation challenges.

The tags used for whales are lightweight and relatively small and range from the size of a cell phone to a book. The devices are tested rigorously before being approved for use in the field.

Read the full story at National Fisherman

 

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