Saving Seafood

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

 

Maine’s Next Generation Of Lobstermen Brace For Unprecedented Change

September 20, 2021 — The latest federal rule, announced on Aug. 31 by the National Oceanic and Atmospheric Administration (NOAA), is part of a plan to stop endangered North Atlantic right whales from getting caught in fishing gear by 2030.

The agency estimates that the population’s decline has accelerated in recent years, with 368 right whales remaining. NOAA has documented 34 right whale deaths since 2017, with at least nine of those mortalities confirmed to have been caused by entanglements in fishing gear, including gear used by commercial gillnet or lobster and crab fisheries on the East Coast.

NOAA’s new rule requires lobstermen to use gear with state-specific markings that can be traced if a whale gets caught, among other modifications such as weak points in fishing lines that allow entangled whales to break free. The rule will also allow lobstermen to use so-called ropeless gear — a costly and controversial new technology that’s still in the early stages of development — in fishing areas that will be closed in certain seasons.

“The beauty of the lobster industry is that there’s been a place for everybody,” says Patrice McCarron, executive director of the Maine Lobstermen’s Association. “We’re at risk of putting too many barriers in that are really going to create winners and losers, so it’s scary.”

McCarron says fishermen want to do their part to protect whales, but she says no Maine lobster gear has ever been confirmed to have caused the serious injury or death of a right whale. A NOAA spokesperson counters that its scientists are unable to determine the source of most entanglements and nearly half of mortalities go unobserved.

Read the full story at NPR

 

Maine plans to intervene in lawsuit over new lobstering regulations

September 17, 2021 — The Maine Department of Marine Resources plans to get involved with a lawsuit over new lobstering regulations intended to protect the endangered North Atlantic right whale – regulations that will impact the state’s lucrative lobster fishery.

Maine Department of Marine Resources Commissioner Patrick Keliher told lawmakers in the U.S. state during a hearing on 14 September that the department plans to intervene in an existing lawsuit that environmental groups brought against the National Marine Fisheries Service regarding the new rules, according to the Portland Press Herald. Keliher told lawmakers that the department has hired an attorney and that Maine Governor Janet Mills has committed the state to covering all legal fees.

Read the full story at SeafoodSource

 

Maine won’t sue over right whale restrictions, but isn’t giving up fight

September 15, 2021 — Maine won’t be suing federal regulators over new commercial lobstering restrictions intended to protect an endangered species of whale, but it isn’t giving up the fight entirely.

The Maine Department of Marine Resources has been advised against suing federal officials over a controversial new set of rules designed to protect the endangered North Atlantic right whale from being harmed by the lobster industry, but Commissioner Patrick Keliher told Maine lawmakers during a briefing Tuesday that the department has not abandoned all plans for legal action.

Instead of suing over the rules directly, he said, the department is planning to intervene in an existing case against the National Marine Fisheries Service that was filed by a group of environmentalists who contend the agency hasn’t done enough to protect the critically endangered whales.

The department has hired Linda Larson, a lawyer specializing in environmental and natural resource law, from Nossaman LLP in Seattle. According to Keliher, Gov. Janet Mills has already committed to covering legal fees in what he said will be a “very expensive process.”

Read the full story at the Portland Press Herald

 

Bipartisan group of 151 Maine legislators call on Biden to rescind new lobster fishing regulations

September 10, 2021 — State legislators have submitted a letter to President Joe Biden requesting that his administration take steps to immediately rescind new regulations on lobster fishing.

The new regulations, which are intended to protect the endangered North Atlantic right whale, were announced on Aug. 30 by the National Oceanic and Atmospheric Administration.

Maine lawmakers are now asking federal agencies to re-engage with the state of Maine to find a different path forward. Rep. Billy Bob Faulkingham, R-Winter Harbor, a lobster fisherman, initiated the letter. It includes signatures from 151 Republican, Democrat, and Independent state legislators from across Maine.

Read the full story at News Center Maine

 

MAINE: Lobstermen and conservationists sound off on new lobster regs 

September 9, 2021 — The day after new rules for the lobster fishery aimed at preserving the North Atlantic right whale came down from the federal government, Richard Larrabee Jr., an offshore lobsterman, was fuming.   

“I’m pissed as hell,” he said. “This makes no sense.”   

He wasn’t the only one. Both supporters of Maine’s lobster industry and conservation groups were displeased with the National Oceanic and Atmospheric Administration’s new rules, though largely for different reasons.  

Larrabee, who fishes out of Stonington, called it a textbook example of government overreach and said it wasn’t based in science. The Center for Biological Diversity, which has been waging legal battles on behalf of the critically endangered species, called them “half measures” that can’t be expected to save the whales.   

Read the full story at the Mount Desert Islander

 

NOAA looks at other fisheries in effort to help whales 

September 7, 2021 — With new rules for the lobster fishery issued last week, federal regulators are now looking at potential changes to other fisheries on the east coast to cut down on the risk of injuries to several types of whales.   

The National Oceanic and Atmospheric Administration plans to hold two scoping sessions this fall to get input on their efforts to cut down potential entanglements and whale mortalities.   

Officials at the National Oceanic and Atmospheric Administration are considering changes to other trap and pot fisheries other than lobster and Jonah crab in Maine and other New England states, as well as amendments to the east coast gillnet fishery.   

Read the full story at the Mount Desert Islander

 

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