Saving Seafood

In Court Ruling on Right Whales, Good News for Scallop Fishery

October 30, 2019 — The following was released by the Fisheries Survival Fund:

A federal district court has ruled this week that the National Marine Fisheries Service (NMFS) violated both the Endangered Species Act and Magnuson-Stevens Act in allowing gillnet fishing in areas frequented by right whales. While the Fisheries Survival Fund (FSF) was a Defendant-Intervenor in the case, the ruling contains good news for the scallop fishery.

At issue are provisions in Omnibus Habitat Amendment 2 (OHA2), which updated the network of closed areas and habitat protections off the coast of New England. The suit, filed by the Conservation Law Foundation and Earthjustice, alleges that OHA2 put right whales at risk by opening offshore areas near Nantucket to commercial fishing.

While the U.S. District Court for the District of Columbia ruled that allowing gillnet fishing in these areas did have the potential to harm right whales, and thus violated the Endangered Species Act, the Court’s ruling does not affect the scallop fishery, which will continue to be allowed to operate in these areas.

Specifically, the Court noted, “because Plaintiff’s summary-judgment motion does not contest the Habitat Amendment’s changes to the Scallop [Fishery Management Plan], Defendant-Intervenor Fisheries Survival Fund’s arguments, which relate only to that fishery, are rendered moot.”

This means that while the Court acted to prevent gillnet fishing in the newly opened areas, it did not overturn OHA2, nor did it stop scallop fishing in these areas. This is consistent with FSF’s long-standing position in the case, which is that the scallop fishery is not a threat to right whales, and that scallop fishing is not impacting right whale conservation.

Read the full opinion here.

Read the full order here.

Federal judge renews ban on gillnet fishing in Nantucket area to protect whales

October 30, 2019 — A federal judge in Washington, DC, on Monday ruled that the US’ National Marine Fisheries Service (NMFS) violated the Endangered Species Act, Magnuson Stevens Act, and other federal laws when it removed a roughly 20-year-old ban last year on gillnet fishing within a 3,000 square mile area south and east of the Massachusetts island Nantucket.

US District Court judge James Boasberg has renewed the ban in order to protect North Atlantic right whales, the Boston Globe reports. He said, in his 32-page ruling, that his decision was “not a close call” and quoted Herman Melville’s “Moby Dick”.

“Demonstrating that ‘there is no folly of the beasts of the earth which is not infinitely outdone by the madness of men’ … humans have brought the North Atlantic right whale to the brink of extinction,” he wrote.

Boasberg’s ruling does not apply to the scallop industry, which will be allowed to continue using its dredging equipment in the area, as it has not been found to harm the marine mammals.

Read the full story at Undercurrent News

Maine pushes own whale protection plan

October 24, 2019 — Maine’s fishery regulators, on behalf of the state’s vital lobster industry, appear to be willing to meet the right whale take reduction team halfway on the removal of lobster buoy lines — but only in federal waters.

The state’s Department of Marine Resources last week released its own draft plan as a counterweight to the take reduction team proposal to remove 50 percent of all vertical lobster lines from wherever Maine lobstermen set and haul — in Maine state waters and the federal waters three miles beyond.

The DMR proposal calls for removing 25 percent of vertical buoy lines set in federal waters by Maine commercial lobstermen.

It said it would eliminate the lines by mandating lobstermen engage in a fishing practice called “trawling up” in which more traps — in ascending numbers as they move further offshore — are attached to each vertical line.

DMR Commissioner Patrick Keliher said his agency’s plan protects the whales “by reducing risk where it occurs” and protects the state’s elemental lobster industry in the state waters where most permitted lobstermen ply their trade.

Read the full story at the Gloucester Daily Times

MAINE: DMR floats new gear regs to protect whales

October 23, 2019 — As the battle over how best to protect endangered northern right whales continues to escalate, the Department of Marine Resources is proposing a new set of requirements for lobster gear that the department believes will help reduce injury to the whales without imposing severe, and some say dangerous, restrictions on fishermen.

Last week, DMR Commissioner Patrick Keliher announced that after “rigorous scientific analysis,” the department had come up with a new draft plan to address “both the risk to right whales and concerns of fishermen” that is “in keeping with the real risk the Maine fishery presents.”

Last March, the National Marine Fisheries Service announced that the risk of injuries to right whales in the Gulf of Maine had to be reduced by at least 60 percent.

To meet that goal, a group of fishermen, scientists and conservation group representatives known as the Atlantic Large Whale Take Reduction Team recommended that NMFS require Maine lobstermen to reduce the number of vertical lines used to connect their traps to the surface marker buoys by 50 percent.

The NMFS proposal was based on a scientific model that ostensibly showed the restrictions to be necessary to meet the 60 percent risk reduction goal.

Read the full story at The Ellsworth American

Tension thaws over whale plan between lobstermen, feds

October 21, 2019 — A group representing Maine’s lobstermen says it’s now willing to work with the federal government on a plan to protect right whales after withdrawing its support for the plan this summer.

The Maine Lobstermen’s Association is one of the key stakeholders in an effort to better protect the North Atlantic right whales, which number only about 400 and are vulnerable to entanglement in fishing gear. A federal plan that’s being developed to help save the whales would remove miles of lobster trap rope from the waters off Maine.

The lobstermen’s association issued a public statement on Oct. 11 saying it appreciates that the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service has offered a “constructive response” to its concerns about whale protection.

Read the full story from the Associated Press at ABC News

10 Things You Should Know About North Atlantic Right Whales

October 18, 2019 — The following was released by NOAA Fisheries:

1. The North Atlantic right whale is one of the world’s most endangered large whale species.

Sadly, North Atlantic right whales got their name from being the “right” whales to hunt because they floated when they were killed. Their population has never recovered to pre-whaling numbers. These whales have been listed as endangered under the Endangered Species Act since 1970 and have been experiencing a steady population decline for nearly a decade.

2. Survival of this species depends on no more than one whale death per year. In the past 3 years, at least 30 right whales have died.

The birth rate for right whales has been very low the past few years. Only 12 births have been observed in the three calving seasons since 2017. This is less than one-third the previous average annual birth rate for right whales. And deaths have been exceeding births, resulting in a further decline in the population.

3. Entanglement in fishing gear is still is a big issue for right whales.

More than 85 percent of right whales have been entangled in fishing gear at least once, and the majority (60 percent) have been entangled multiple times. Right whales mostly get caught in the lines that attach fishing gear, like lobster and crab pots or gillnets, to buoys on the surface. These lines can cut into a whale’s body, cause serious injuries, and result in infections and mortality. Even if gear is shed or disentangled, the time spent entangled can severely stress a whale, which weakens it, prevents it from feeding, and saps the energy it needs to swim and feed. Right now, we are focused on addressing the risk of entanglement in vertical lines that connect traps and pots to the surface. This is among the leading threats to right whale survival.

Read the full release here

Report to Congress 2017-2018: Recovering Threatened and Endangered Species

October 18, 2019 — The following was released by NOAA Fisheries:

Today, NOAA Fisheries announced the availability of the latest comprehensive report on Recovering Threatened and Endangered Species FY 2017-2018. The Endangered Species Act provides a critical safety net. We are beginning to see the success of our efforts, with a number of species recently found to be recovered, but more work needs to be done.

All of our species listed under the ESA are valuable and vulnerable. We are seeing results from the Species in the Spotlight initiative, which was initiated by the agency in 2015.

In this year’s report, we added the North Atlantic Right Whale to the Species in the Spotlight. The species is extremely endangered and fisheries gear entanglements and vessel strikes are among the leading causes of mortalities in both the U.S. and Canada. We are recognizing our Species in the Spotlight Partners for their incredible conservation efforts.

Find out the 10 Things You Should Know About North Atlantic Right Whales.

New Maine Proposal to Protect Whales, Spare Lobster Fishing

October 17, 2019 — Maine fishery regulators are unveiling a new right whale protection plan they feel will satisfy federal requirements while also preserving the state’s lobster fishery.

A federal team has called for a reduction of the vertical lobster trap lines in the Gulf of Maine to reduce risk to the whales, which number about 400. Maine Department of Marine Resources Commissioner Patrick Keliher says his department’s new proposal would remove 25 percent of the lines beyond an exemption line for inshore fishermen.

Read the full story from the Associated Press at U.S. News

Maine lobstermen to NOAA: Whale rules need more work

October 16, 2019 — The Maine Lobstermen’s Association has volleyed back at NOAA Fisheries, saying it will continue pursuing “critical points” from its analysis of data used by the federal fishery regulator to determine causes of injuries or deaths to North Atlantic right whales.

The MLA’s statement also makes clear the lobster stakeholder remains committed to the take reduction team process, as well as developing a management response within the Maine fishery. This, despite withdrawing its support on Aug. 30 of the risk allocation agreement approved in April by the Large Whale Take Reduction Team.

“MLA’s goal has been and will continue to be a right whale recovery plan built on the best available science that effectively addresses all known risks to right whales from U.S. commercial fisheries and all other human causes,” the MLA stated. “Going forward, MLA will continue to insist on a science-based process informed by best available data to ensure rigorous accountability for risk to endangered whales from across the spectrum of human interactions with them.”

The statement, which follows NOAA Fisheries’ response to the initial MLA data analysis, said the lobster group will continue to push for NOAA Fisheries and other elements of the take reduction team process to address “the outsized role of Canadian fisheries in recent right whales’ serious injury and mortality.”

Read the full story at the Gloucester Daily Times

Endangered right whales inch closer to extinction

October 7, 2019 — North Atlantic right whales, or at least a few members of the population, are regular visitors to the Southeast coast. While the bus-sized marine mammals spend much of their time on feeding grounds near New England and the Canadian Maritimes, some female whales come to the area that stretches from Florida to the Cape Fear area during calving season.

Those births are vitally important to a species with only 400 individuals. Scientists monitor the 80 or 90 potential mothers, and many of the other whales, to better understand and protect them. Many of them have names, not just numbers.

Punctuation, for example, was a 38-year-old female named for the comma- and dash-shaped scars on her head. She’s given birth off the Southeast coast eight times since 1986 and was last seen here in February 2018. Wolverine was born off the coast of Florida in 2010 and was easily identifiable because of a unique belly pattern.

Read the full story at the Star News