Saving Seafood

After years of delay, federal regulators issue sweeping fishing rules to protect right whales

September 1, 2021 — Two and half years after calling for urgent action to protect North Atlantic right whales, federal regulators on Tuesday issued sweeping rules that seek to reduce their entanglement in fishing gear, among the leading cause of death and serious injuries to the critically endangered species.

The controversial rules, which advocates for the whales say don’t go far enough and come too late, aim to reduce the risk of death and serious injuries from entanglements by 69 percent, they said. The population of right whales has declined by a quarter over the past decade, with fewer than 400 left.

But they come with a significant cost for many fishermen, many of whom consider the rules unfairly onerous. Regulators estimate they will cost the fishing industry as much as $20 million in the first year and up to $91 million after six years, accounting for implementation and a diminished catch.

“The new measures in this rule will allow the lobster and Jonah crab fisheries to continue to thrive, while significantly reducing the risk to critically endangered right whales,” said Michael Pentony, regional administrator of the National Oceanic and Atmospheric Administration in New England.

The rules will require reductions in the number of vertical lines that lobstermen and Jonah crab fishermen use to connect their traps on the seafloor to buoys at the surface. Those reductions will come as a result of new fishing closures and requirements that fishermen connect more of their traps to each other on the bottom with trawl lines.

Read the full story at the Boston Globe

New Research Helps Explain a Sudden Population Crash for Rare Whales

September 1, 2021 — Climate change is the quiet force behind a sudden decline in the population of North Atlantic right whales, according to a new study that bolsters a growing body of research into why the critically endangered animals have veered from slow recovery to alarming decline.

An analysis of data on plankton, oceanic conditions and whale sightings, published Wednesday in the journal Oceanography, showed that the whales abandoned their traditional feeding grounds in the Gulf of Maine in 2010, the same year that warming water caused the fatty crustaceans they eat to plummet in the area.

Many of the whales eventually followed their food north to the Gulf of St. Lawrence, but the protections from fishing gear and ships that had safeguarded them in their previous habitat did not exist in their new one. Entanglement in gear is the leading cause of death for North Atlantic right whales, followed by collisions with vessels.

“They moved so fast that our policies didn’t move with them,” said Erin Meyer-Gutbrod, a quantitative marine ecologist at the University of South Carolina and one of the study’s authors. “The environment is just not as predictable as it used to be, so I think that we all need to think on our feet more.”

Read the full story at the New York Times

BANGOR DAILY NEWS: Right whales, wrong rules

September 1, 2021 — Federal fisheries regulators on Tuesday announced new rules for the northeast lobster industry. The rules, which are aimed at protecting endangered North Atlantic right whales, are more stringent and extensive than lobstermen and state officials had expected.

The timing of the new restrictions — which include a large area that will be closed to lobster harvesting during the height of the season — is especially problematic. To add to the frustration, the National Oceanic and Atmospheric Administration moved ahead with the new rules without essential information about whale deaths that lobstermen, the governor and the state’s congressional delegation have requested for years.

In a draft biological opinion issued earlier this year, the fisheries agency essentially acknowledged the lack of specific data on what causes whale mortality, particularly information on collisions between ships and whales. Yet, it went ahead with the restrictive rules, which also impact New England’s crab fishery.

According to data that accompanied the announcement of the new rules, NOAA was certain of the cause of death in fewer than half of the 13 right whale deaths in the U.S. since 2017. In two of those cases, gear was found entangled on the dead whale. Entanglements were suspected in five other U.S. whale deaths. The agency did not specify where the gear was from or what type it was. Three deaths were attributed to vessel strikes.

The most recent known Maine entanglement occurred in 2004, but the whale survived, the Portland Press Herald reported.

“The leading category for the cause of death for [these unusual mortality events] is ‘human interaction,’ specifically from entanglements or vessel strikes,” NOAA said in an introduction to the data.

This is a very imprecise rationale for rules that will have a significant impact on Maine’s lobster fishing industry, which is the state’s largest and most lucrative fishery.

Read the full story at the Bangor Daily News

In Letter to Lobster Industry, Governor Mills Calls Right Whale Rule “Extremely Disappointing” & Pledges to Work with Maine’s Congressional Delegation to Fight It

September 1, 2021 — The following was released by Maine Governor Janet Mills:

In the wake of yesterday’s National Marine Fisheries Service’s (NMFS) Atlantic Large Whale Take Reduction Rule, Governor Janet Mills last night sent a letter to Maine’s lobster industry expressing solidarity with them and calling the rule “extremely disappointing”. In the letter to Maine’s lobster harvesters, dealers, and processors, Governor Mills pledges to work with Maine’s Congressional Delegation to determine the best way to address the industry’s and administration’s concerns:

“While NOAA has accepted much of Maine’s proposal for Conservation Equivalencies, which the industry spent significant time developing, NOAA has finalized a gear marking scheme that is very different than what was in the proposed rule. NOAA also continues to include an offshore seasonal closure that is not rooted in right whale sightings or surveys. These types of changes – which disregard fishermen’s time, money, and safety – are extremely troubling,” wrote Governor Mills. “We are evaluating the rule closely and will work with the Congressional Delegation to determine the best way to address the concerns of our administration and those of the Maine lobster industry. While this issue has been brewing for several years now, I don’t care whether there is a Democrat or a Republican in the White House; I will always stand up for the interests of Maine’s lobster industry in the face of burdensome and undue regulations and we will continue to work with our partners in the lobster industry to support this vital part of Maine’s economy and heritage.”

Governor Mills and U.S. Senators Susan Collins and Angus King and Representatives Chellie Pingree and Jared Golden expressed united opposition to the rule yesterday, and the Maine Department of Marine Resources also expressed its concern over the rule.

Governor Mills repeatedly stood up for Maine’s lobster industry and its working men and women in the face of the Federal government’s right whale proposal. Last year, she wrote to the Commerce Department urging it to deny a petition by Pew Charitable Trusts that asks for three seasonal offshore closures in the Gulf of Maine and that would prohibit the use of vertical lines in the American lobster and Jonah crab fisheries in four areas of the New England coast. She also filed comments with the National Oceanic and Atmospheric Administration (NOAA) on the draft Biological Opinion for ten fishery management plans in the Greater Atlantic Region, focusing on the North Atlantic Right Whale, expressing “grave concern” and warning it will be economically devastating and will fundamentally change Maine’s lobster fishery.

The complete text of the letter is available here

Feds Announce New Lobster Fishing Restrictions To Protect Endangered Right Whales

September 1, 2021 — America’s lobster fishing industry will face a host of new harvesting restrictions amid a new push from the federal government to try to save a vanishing species of whale.

The new rules, which have loomed over the profitable lobster industry for years and were announced Tuesday by the National Oceanic and Atmospheric Administration (NOAA), are designed to protect the North Atlantic right whale. The whales number only about 360 and are vulnerable to lethal entanglement in fishing gear.

NOAA said it expects the new rules will result in a reduction in nearly 70% of the risk of death and serious injuries the whales can suffer from entanglement. The rules had long been expected to focus on reducing the number of vertical ropes in the water, and they will.

The rules reduce the number of rope lines that link buoys to lobster and crab traps, NOAA said. The rules will also require the use of weaker ropes so whales can more easily break free if they do become entangled, the agency said. NOAA said the rules also expand the areas of ocean where fishing with trap rope is prohibited or limited.

Read the full story from the Associated Press at WBUR

Maine legislators call for no “hasty” changes to whale plan

August 31, 2021 — Maine’s legislative delegation in Washington is urging federal officials to ensure that the forthcoming North Atlantic right whale regulations don’t include any last-minute changes that would hurt the livelihood of Maine’s fishing communities without providing any meaningful protections for the whales.   

“We are now asking for your assistance to avoid hasty, late-breaking changes by (National Marine Fisheries Service) to measures that have been extensively negotiated and carefully designed in consultation with Maine’s Department of Marine Resources and broad outreach to stakeholders,” legislators Susan Collins, Angus King, Chellie Pingree and Jared Golden wrote in a letter to Commerce Secretary Gina Raimondo. “These changes, as indicated by the Final Environmental Impact Statement, add significant costs to the industry without corresponding gains in conservation and seriously undermine conservation partnerships at state and local levels.”  

With finalization of rules on the lobster and other trap fisheries in response to declining right whale populations expected imminently, the delegation outlined three areas of concern.   

The proposed rule includes a requirement for Maine fishing gear to have a green marker if a specific piece of gear was set inside or outside a certain boundary. This would help determine the origin of gear should it become entangled with a whale.  

Read the full story at the Mount Desert Islander

Federal regulators urged to protect Maine lobstermen in crafting whale rules

August 31, 2021 — Maine’s congressional delegation is urging the federal government not to approve new rules that would negatively impact the state’s commercial fishing industry as they finalize protections for endangered whales.

In a letter to Commerce Secretary Gina Raimondo, the lawmakers wrote that they have a number of concerns about the National Marine Fisheries Service’s proposed regulations and the plan’s “ability to meaningfully protect whales and its impact on those who depend on fishing, especially lobstering, for their livelihoods.”

The lawmakers, which included Sens. Angus King, I-Maine, and Susan Collins, R-Maine, asked regulators to illuminate several “hasty, late-breaking changes” to the final whale protection rules.

Read the full story at The Center Square

NOAA Fisheries rules limiting lobstering draw harsh criticism from fishing, environmental groups

August 31, 2021 — NOAA Fisheries has announced a set of new regulations intended to protect the North Atlantic right whale from entanglement-related incidents. The regulations will cost the Northeast lobster fishery between USD 9 million and 20 million (EUR 7.6 million and 16.9 million) to implement.

The new regulations are in response to the ongoing decline of the highly endangered whale, of which only a few hundred remain in the wild. The species is currently undergoing what NOAA has dubbed an “unusual mortality event,” with 34 right whales having died since 2017.

Read the full story at Seafood Source

Pot/Trap Fisheries Regulations to Help Save North Atlantic Right Whales Announced

August 31, 2021 — The following was released by NOAA Fisheries:

NOAA Fisheries and our partners are dedicated to conserving and rebuilding the North Atlantic right whale population, which is endangered, declining, and experiencing an ongoing Unusual Mortality Event.

Entanglement in commercial fishing gear is a primary cause of mortalities and serious injuries of North Atlantic right whales. Working with the Atlantic Large Whale Take Reduction Team—a group of advisors consisting of fishermen, scientists, conservationists, and state and federal officials—we have completed Phase 1 of the modifications to the Atlantic Large Whale Take Reduction Plan to continue to reduce whale entanglements.

Today, we are announcing the final rule to modify the Atlantic Large Whale Take Reduction Plan. The gear modifications required by the rule will go into effect May 1, 2022, which is the start of the American lobster/Jonah crab fishing year. The changes to the seasonally restricted areas will go into effect 30 days after the publication of this rule.

We would like to thank the many stakeholders who submitted more than 200,000 public comments on the proposed rule. The comments guided us in modifying the final rule to allow more flexibility for fishermen, while still achieving the necessary risk reduction to make a real difference for right whales. These measures will reduce the deaths and serious injuries to North Atlantic right whales due to entanglements in U.S. commercial fishing gear, and will contribute to the recovery of this endangered population.

Final Rule Measures

The rule modifies regulations for the Northeast lobster and Jonah crab trap/pot fisheries as follows:

  • Modify gear marking to introduce state-specific colors for gear marks and increase the number of gear markings and areas requiring marked lines.
  • Modify gear configurations to reduce the number of vertical lines by requiring more traps between buoy lines.
  • Require weak insertions or weak rope in buoy lines.
  • Modify existing seasonal closure/restricted areas to allow ropeless fishing.
  • Add two new seasonal restricted areas.
  • Following changes made by Massachusetts, extend the Massachusetts Restricted Area (MRA) to add state waters north to the New Hampshire border.

For More Information

For more information on the rule’s specific measures and to see outreach guides and videos please visit the Atlantic Large Whale Take Reduction Plan website, or read our web story.

Questions?

Industry: Contact Marisa Trego, Take Reduction Team Coordinator, 978-282-8484

Media: Contact Allison Ferreira, Regional Office, 978-281-9103

NOAA Fisheries Issues Final Rule to Reduce North Atlantic Right Whale Entanglements

August 31, 2021 — The following was released by NOAA Fisheries:

NOAA Fisheries will host a video teleconference this afternoon to discuss a final rule, announced today, intended to reduce risk of mortality and serious injury to right whales caused by entanglement in Northeast lobster and Jonah crab trap and pot fisheries.

NOAA Fisheries and our partners, including members of the Atlantic Large Whale Take Reduction Team that were instrumental in developing the rule, are dedicated to conserving and rebuilding the North Atlantic right whale population, which is critically endangered, declining, and experiencing an ongoing Unusual Mortality Event.

WHEN:

August 31, 2021, at 1:30 p.m. EDT

WHO:

  • Michael Pentony, Regional Administrator, NOAA’s Greater Atlantic Regional Fisheries Office
  • Dr. Marisa Trego, Marine Mammal Take Reduction Team Coordinator, NOAA’s Greater Atlantic Regional Fisheries Office
  • Kristy Long, National Coordinator, Marine Mammal Take Reduction Program , NOAA Fisheries Office of Protected Resources

WHAT:

– Webinar

– Questions and Answers

HOW:

Please register for the video teleconference at:

https://attendee.gotowebinar.com/register/6612595288214527504

After registering, you will receive a confirmation email containing information about joining the webinar.

The media briefing will be held from 1:30-2:30 p.m., but you will be able to log in up to 30 minutes early for technical support.

Following the call, a recording of the webinar will be posted shortly on the Press Release’s webpage.

Climate, weather, and water affect all life on our ocean planet. NOAA’s mission is to understand and predict our changing environment, from the deep sea to outer space, and to manage and conserve America’s coastal and marine resources. See how NOAA science, services, and stewardship benefit your community: Visit noaa.gov for our latest news and features, and join us on social media.

Read the full release here