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Maine Lobstermen’s Association files brief in support of motion filed against U.S. Secretary of Commerce to block closure of Maine lobster fishing grounds

October 15, 2021 — The Maine Lobstermen’s Association has filed a brief in support of a motion filed against the U.S. Secretary of Commerce to block the impending closure of Maine lobster fishing grounds by the National Marine Fisheries Service.

The seasonal closure, scheduled to go into effect next week, will bar lobster fishing in 967 square miles off the coast of Maine.

It’s part of a ten year federal plan to protect right whales.

Read the full story at WABI

 

Energy Department announces $10.8M in funding to study impact of offshore wind on East Coast fisheries

October 15, 2021 — The Department of Energy has announced $10.8 million in funding to research the impact of offshore wind on East Coast fisheries and ocean ecosystems. The move is part of President Joe Biden’s plan to tackle climate change by making a big push for renewable energy. But the commercial fishing industry says plans to use hundreds of thousands of acres of ocean to develop wind power will impact the catch.

Clammers and scallop fishermen say they won’t be able to maneuver through the turbines, which would be spaced 1 nautical mile apart. They fear a shrinking patch of fishable ocean will lead to the collapse of the industry.

Some worry about the impact of construction on marine mammals, especially the endangered North Atlantic right whale, which currently has an estimated population of less than 400.

“Harnessing the incredible potential that exists within offshore wind energy is an essential piece of reaching a net-zero carbon future,” Energy Secretary Jennifer M. Granholm said in a statement. “In order for Americans living in coastal areas to see the benefits of offshore wind, we must ensure that it’s done with care for the surrounding ecosystem by coexisting with fisheries and marine life —and that’s exactly what this investment will do.”

Read the full story at WHYY

U.S. waterways plan draws lawsuit over species impacts

October 13, 2021 — A U.S. plan to expand the commercial use of navigable waterways increases risks to already imperiled species like the North Atlantic right whale, an environmental group claims in a lawsuit filed in Newport News, Virginia federal court on Tuesday.

The Center for Biological Diversity accuses the U.S. Maritime Administration, part of the Department of Transportation, of violating the Endangered Species Act (ESA) with its America’s Marine Highway program by failing to consult with the Fish and Wildlife Service and the National Marine Fisheries Service to ensure the program does not jeopardize species protected under the statute.

The Center for Biological Diversity says that many of the marine highways are located in critical habitats for ESA-listed species, including humpback whales and leatherback sea turtles.

Read the full story at Reuters

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

 

Slow Zones South of Nantucket, MA and South of Atlantic City, NJ

October 8, 2021 — The following was released by NOAA Fisheries:

NOAA Fisheries announces an extension of a voluntary right whale Slow Zone. On October 7, 2021, the Northeast Fisheries Science Center’s vessel survey team observed the presence of right whales 20 nm South of Nantucket, MA. The right whale Slow Zone is in effect immediately and expires on October 22, 2021.

Also, on September 29, 2021 a voluntary vessel speed restriction zone under the Right Whale Slow Zone program was triggered and is currently in effect 65 nm South of Atlantic City, NJ to protect an aggregation of right whales. This Right Whale Slow Zone is in effect immediately through October 14, 2021.

VOLUNTARY Right whale “SLOW Zone”

Mariners are requested to avoid or transit at 10 knots or less inside the following areas where persistent aggregations of right whales have been detected. Please visit www.nmfs.noaa.gov/pr/shipstrike for more information.

Slow Zone Coordinates:

South of Nantucket, MA — in effect through October 22, 2021

NORTHERN BOUNDARY: 38° 38′ N

SOUTHERN BOUNDARY: 37°58′ N

EASTERN BOUNDARY: 74°13′ W

WESTERN BOUNDARY: 75°04′ W

South of Atlantic City, NJ — in effect through October 14, 2021

NORTHERN BOUNDARY:41°20′ N

SOUTHERN BOUNDARY: 40°35′ N

EASTERN BOUNDARY: 69°32′ W

WESTERN BOUNDARY: 70°32′ W

 

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

 

Legal challenges hanging over federal right whale protections

October 7, 2021 — Later this month, a stretch of federal waters off the coast of Maine will become temporarily off-limits for lobster fishing.

The seasonal closure is part of a new set of regulations aimed at protecting the endangered right whale population.

According to the National Oceanic and Atmospheric Administration, there are fewer than 370 right whales left in the world.

The marine mammals are native to Maine waters, traveling between coastal Nova Scotia and New England to feed and breed.

Research shows as many as four out of every five right whales show signs of injury from fishing line entanglement.

Along with the seasonal closure of some federal waters, the new regulations also limit the use of fixed-line lobster traps.

Read the full story at WABI

 

Maine Lobstering Union Files Suit for Emergency Relief Against NMFS

October 4, 2021 — The Maine Lobstering Union (MLU) became the latest from the lobster industry to file a federal lawsuit against the National Marine Fisheries Service (NMFS) due to the Atlantic Large Whale Take Reduction Plan Modifications announced on August 31.

The MLU filed a civil action in the United States District Court for the District of Maine, seeking emergency relief related to fishing ground closures that will come into effect due to the recent modifications. Fox Island Lobster Company of Vinalhaven and Frank Thompson, a sixth-generation fisherman, who together with his wife Jean, own and operate Fox Island; and the Damon Family Lobster Company of Stonington are also Plaintiffs on the case.

The Complaint names as Defendants the Secretary of the United States Department of Commerce, and the Assistant Administrator of the National Oceanic and Atmospheric Administration, and NMFS.

Read the full story at Seafood News

 

Oceana filing with USMCA demands US federal action on right whales

October 4, 2021 — Non-governmental organization Oceana announced on 4 October it has filed the first-ever Submission on Enforcement Matters against the U.S. government under the recent United States-Mexico-Canada Agreement (USMCA).

Signed in 2019, the USMCA is a free-trade agreement between the three countries that includes mechanisms such as the Commission for Environmental Cooperation (CEC). Under the new agreement, a person or organization can file a “Submission on Enforcement Matters” with the CEC if one of the three countries in the USMCA is not enforcing its environmental laws.

Read the full story at SeafoodSource

 

Gulf of Maine lobster MSC suspension lifted

October 1, 2021 — MRAG Americas has announced the Marine Stewardship Council (MSC) certificate has been reinstated for the Gulf of Maine lobster fishery effective 1 September, 2021, following its suspension in 2020.

The MSC certification was suspended in August 2020 in the wake of a decision in a federal court that found that the lobster fishery was in violation of the Endangered Species Act. That ruling by U.S. District Judge James Boasberg in April 2020 found the National Marine Fisheries Service failed to include an “incidental take statement” for the highly endangered North Atlantic right whale.

Read the full story at SeafoodSource

 

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