Saving Seafood

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

Right whale coalition calls for moratorium on wind turbines to protect endangered species

November 26, 2021 — A local citizens group has announced the creation of the Save Right Whales Coalition, which is determined to stop offshore wind turbine projects that members say could harm whales.

“Any species whose numbers are this low requires that we not take any additional action that could harm these whales,” political and environmental author and activist Michael Shellenberger said of the endangered North Atlantic right whales. “Particularly given that we have an abundance of nuclear and natural gas resources that would provide a sufficient alternative to these large industrial wind turbines.”

During a Zoom teleconference last week, he said the coalition is composed of members from organizations that include Nantucket Residents Against Turbines, the national Wildlife Energy & Community Coalition, and California-based Environmental Progress (for which Shellenberger is founder and president).

The Save Right Whales Coalition is seeking a moratorium on all offshore wind projects “until further scientific research can be conducted” on their impact on the North Atlantic right whale population, Shellenberger said.

Read the full story at the Cape Cod Times

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

Maine lobstermen have two weeks to pull traps from whale protection area

November 22, 2021 — Virginia Olsen called the situation “beyond frustrating”.

Olsen is a lobster fisherman from Stonington and the political director for the Maine Lobstering Union.

Earlier this week, union members and all the other lobstermen in Maine lost a big fight in the U.S. Circuit Court of Appeals in Boston when judges reinstated the federal government’s closure of a 967-square mile area of ocean off the Maine coast.

The closure, originally scheduled to be in effect from Oct. 18 to Jan. 31, is part of a plan from NOAA Fisheries and the National Marine Fisheries Service to help protect endangered right whales from becoming tangled in lobster gear.

A federal judge in Bangor last month sided with the union’s arguments against the closure and imposed an injunction to stop it. The appeals court reversed that decision, and now the closure is in effect, according to NOAA Fisheries.

The Maine Lobstering Union and others in the fishing industry said there has been no hard evidence right whales are in that closure area. But federal regulators said there is evidence, including data obtained this year from underwater acoustic devices.

Read the full story at News Center Maine

Slinky pots and ropeless gear: next angles for whale avoidance

November 22, 2021 — With new regulations turning whale avoidance into a top priority in the Gulf of Maine and off California, front-line fishermen sat Friday for a panel discussion at Pacific Marine Expo on what the future may hold for trap fisheries.

NMFS and the state of California are looking to ropeless gear for lobster and crab fisheries as the long-term solution, but such systems are still in development.

California’s Dungeness crab fishermen are yet again cooling their heels in port, awaiting an updated assessment of humpback whale movements and an all-clear from the state Department of Fish and Wildlife to set gear, once the agency judges the danger of entanglements is lowered.

In recent years the usual November crab season opening has been delayed as whales congregate to feed before heading south for their breeding season, said Mike Conroy, executive director of the Pacific Coast Federation of Fishermen’s Associations.

The 2020 season opener was delayed into December — and then complicated when fishermen protested what they considered unfairly low prices for crabs. A price settlement and agreed-on opener didn’t happen until January.

Read the full story at National Fisherman

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

Lobstermen must start removing gear to save whales, feds say

November 19, 2021 — Lobster fishermen off the Maine coast must begin to remove gear from a new protected area intended to help whales, the federal government said.

New rules make an approximately 950-square-mile area of the Gulf of Maine essentially off limits to lobster fishing from October to January. A federal appeals court ruled this week that the ban is enforceable, despite legal challenges from the lobster industry.

Read the full story from the Associated Press

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

Lobstermen’s group launches $10 million fundraising push to ‘save’ industry jobs

November 17, 2021 — The Maine Lobstermen’s Association announced a three-year, $10 million fundraising campaign Tuesday to raise money for the fishery’s fight against impending regulations that industry members say could “eliminate the fishery and end Maine’s lobstering tradition.”

It named the fundraising campaign “Save Maine Lobstermen” and created a website at savemainelobstermen.org.

Earlier this year, the National Marine Fisheries Service released a 10-year plan, known as a biological opinion, to help protect the critically endangered North Atlantic right whale from deadly entanglements in fishing gear.

The first phase of the plan, released in August, adds requirements that include state-specific gear marking, weak points in rope to allow entangled whales to break free, and a 967-square-mile seasonal closure off the coast of Maine to reduce risks to whales by 60 percent this year and 98 percent over 10 years.

Read the full story at the Portland Press Herald

Maine lobstermen ask the public for money in their legal fight against federal regulations

November 17, 2021 — The Maine Lobstermen’s Association held a press conference announcing a fundraising appeal to the general public. The association wants to raise $10 million for what it foresees as endless, costly court clashes over right whale supporters and their industry.

Without the financial means to fight both the government and environmental activists, lobstermen said their very existence is at stake.

“We need to level the playing field and make this a fair fight,” said Lobstermen’s Association Vice President Dustin Delano.

President Kristan Porter said his association was assembling the best legal team they could find.

“It’s not cheap,” Porter said “but we need to be able to stand and fight.”

The offshore fishery currently in question covers 950 square miles of ocean, about 30 miles off the coast, from Mount Desert Island to Casco Bay. Federal regulators want it closed from October through January.

The closure is meant to protect endangered right whales traversing the Gulf of Maine from Canadian waters to the Florida coast. Maine lobstermen, who have already switched to non-floating and breakaway lines in an effort to protect the scarce mammals, said they are not to blame for increased mortalities seen in recent years.

Read the full story at the Bangor Daily News