Saving Seafood

MAINE: Maine politicians blast ‘unfair’ court decision targeting lobster gear

July 14, 2022 — A federal circuit court has reinstated a ban on lobster fishing gear in a nearly 1,000-square-mile area off New England to try to protect endangered whales.

The National Marine Fisheries Service issued new regulations last year that prohibited lobster fishing with vertical buoy lines in part of the fall and winter in the area, which is in federal waters off Maine’s coast. The ruling was intended to prevent North Atlantic right whales, which number less than 340, from becoming entangled in the lines.

The circuit court sent the case back to the district court level, but noted in its ruling that it does not think the lobster fishing groups that sued to stop the regulations are likely to succeed because Congress has clearly instructed the fisheries service to protect the whales.

Commercial fishing groups have filed lawsuits about new rules designed to protect the whales because of concerns that the regulations will make it impossible to sustain the lobster fishing industry. The industry, based mostly in Maine, is one of the most valuable in the U.S., worth more than $500 million at the docks in 2020, according to the National Oceanic and Atmospheric Administration.

Conservation groups have called for tighter laws. Tuesday’s ruling is “a lifesaving decision for these beautiful, vulnerable whales,” said Kristen Monsell, an attorney at the Center for Biological Diversity who argued the case at the circuit court.

Read the full story at the Bangor Daily News

Council Discusses Climate Change, Research Priorities, EBFM, Sturgeon, Right Whales, and Equity & Environmental Justice

July 14, 2022 — The New England Fishery Management Council met June 28-30, 2022 and received numerous updates over the course of its three-day hybrid meeting in Portland, Maine. Here are a few of the highlights.

CLIMATE CHANGE: The Council received a presentation from the Northeast Fisheries Science Center on the Draft Northeast Climate Regional Action Plan, which is out for public comment through July 29, 2022. Version 1 of the plan was in place from 2016 to 2021. The current draft – Version 2 – will be used by NOAA Fisheries to implement the agency’s Climate Science Strategy in 2022-2024. The document contains information on warming ocean temperatures (see graphic at right) and much more. The Council received input from its Scientific and Statistical Committee (SSC) on the draft action plan and will be submitting its own written comments in advance of the deadline.

The Council also received a progress report on the East Coast Climate Change Scenario Planning initiative. The overarching questions are:

• How might climate change affect stock availability and distribution, as well as other aspects of East Coast marine fisheries, over the next 20 years; and

• What does this mean for effective future governance and management across multiple jurisdictions? What tools are needed to provide flexible and robust management strategies to address uncertainty in an era of climate change?

The Core Team working on this initiative hosted a June 21-23, 2022 Scenario Creation Workshop where participants developed scenarios or stories describing eight alternative futures under climate change. Next, the Core Team will review and edit inputs from the workshop to create a draft set of scenarios for further discussion and feedback during three scenario deepening webinars in mid-August. These webinars will be open to the public. The Council will have an in-depth discussion of the scenarios during its September 27-29, 2022 meeting and provide feedback to the Core Team on next steps.

Read the full release here

Feds look at expanding habitat for world’s most endangered whales

July 13, 2022 — North Pacific right whales, the most endangered whales in the world, could gain an expanded protected habitat from Alaska to Baja California, if the feds approve after a one-year review now underway.

On Monday, National Oceanic and Atmospheric Administration Fisheries announced the review, a response to a petition filed this past March by the nonprofit Center for Biological Diversity and conservation group Save the North Pacific Right Whale — dedicated to increasing protections and awareness of the rare whale. They urged the federal government to revise the critical habitat designation for North Pacific right whales under the Endangered Species Act.

In 2008, the Fisheries Service issued a final rule designating about 1,175 square miles in the Gulf of Alaska and 35,460 square miles in the Southeast Bering Sea as critical habitat for North Pacific right whales. But the environmentalists say two key habitats are essential for this right whale population’s survival — a migratory corridor through the Fox Islands in the Aleutian chain, including Unimak Pass, and feeding grounds near Kodiak Island.

In their petition, the groups argued the government should connect the existing critical habitats by extending the Bering Sea unit boundary westward and southward to the Fox Islands, through Unimak Pass to the edge of the continental slope, and eastward to the Kodiak Island. This change would encompass a key migratory point for whales and connect their foraging grounds, the organizations said.

Alice Kaswan, professor and associate dean at University of San Francisco School of Law, said while this announcement does not mean the agency will agree with the petition’s demands, it does indicate “the door’s open” for similar petitions.

“The agency’s willingness to grant the petition shows it’s open to conducting the additional science to determine whether the additional land or ocean really should be set aside as critical habitat,” Kaswan said. “It’s an indication that this administration has a willingness to protect endangered species.”

Read the full story at Courthouse News Service

NOAA broke law by not protecting right whales, judge rules

July 12, 2022 — NOAA violated federal law by not doing enough to protect endangered North Atlantic right whales from entanglements caused by lobster fishing gear, a federal judge said Friday.

In his ruling, Judge James Boasberg of the U.S. District Court for the District of Columbia said the agency broke both the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA) when it issued a biological opinion and a final rule that changed fishing gear requirements last year.

Boasberg declared both the biological opinion and the rule “invalid” and said more needs to be done to protect the whales.

The judge acknowledged that “this may seem a severe result” for both NOAA Fisheries and the lobster industry but added that “no actor here … operates free from the strict requirements imposed by the MMPA and ESA.”

NOAA declined to comment.

The ruling marked a win for the Center for Biological Diversity, the Conservation Law Foundation, and Defenders of Wildlife, groups that first sued NOAA in early 2018 over a prior biological opinion.

“The court’s decision recognizes what NOAA Fisheries has ignored for decades — that Congress clearly intended to protect right whales from the lobster gear entanglements that are driving the species toward extinction just as surely as whaling nearly did,” said Jane Davenport, senior attorney at Defenders of Wildlife.

Davenport said the opinion represented “the course correction the agency needs to put both the species and the fishery on a path towards sustainability and co-existence.”

Read the full story at E&E News

Fishing-gear entanglements of whales increased in Alaska, NOAA report says

June 30, 2022 — Alaska was the only U.S. coastal region to have an increase in the confirmed cases of large whales entangled in fishing gear in 2020, a contrast to a national trend of declining cases over the past six to eight years, according to a report issued Tuesday by the National Oceanic and Atmospheric Administration.

Of the 53 cases of large whales entangled in fishing gear nationally in 2020, 11 occurred in Alaska, according to the report, from NOAA’s National Marine Fisheries Service. The previous year, there were 75 confirmed cases of whale entanglements nationwide, with nine of them occurring in Alaska, according to a separate report for 2019 also released Tuesday by the fisheries service.

The vast majority of confirmed Alaska whale entanglements — and the vast majority of entanglements nationally — involved humpback whales. In 2020, 10 of the Alaska cases involved live whales, and eight of those involved humpback whales. All but one of the confirmed Alaska entanglements of live large whales in 2020 occurred in waters of Southeast Alaska, according to the report.

Humpback whales are relatively plentiful among the large whale species, the report for 2020 notes. “Humpback whales are found in all the world’s oceans and several populations have rebounded in recent years, so the frequency of entanglements seen in this species could be due to many factors, such as the increasing number of whales, a high degree of overlap in distribution of whales, growing coastal communities, and fishing effort, or a combination of these or additional factors,” it said.

Read the full story at KTOO

River Traps Chew at Huge Ocean Plastics Problem

June 16, 2022 — Floating fences in India. Whimsical water- and solar-driven conveyor belts with googly eyes in Baltimore. Rechargeable aquatic drones and a bubble barrier in The Netherlands.

These are some of the sophisticated and at times low-tech inventions being deployed to capture plastic trash in rivers and streams before it can pollute the world’s oceans.

The devices are fledgling attempts to dent an estimated 8.8 million tons (8 metric tons) of plastic that gets into the ocean every year. Once there, it maims or kills marine plants and animals including whales,dolphins, and seabirds and accumulates in the Great Pacific Garbage Patch and other vast swirls of currents.

Trash-gobbling traps on rivers and other waterways won’t eliminate ocean plastic but can help reduce it, say officials with the National Oceanic and Atmospheric Administration’s Marine Debris Program.

Read the full story at the Associated Press

 

Study says whales adapting to climate change; so too must mariners and fishermen

June 15, 2022 — A review of 20 years of data tracking the highly endangered north Atlantic right whale shows the population has shifted its feeding and migration patterns significantly, as sea temperatures in the Gulf of Maine warm with climate change.

The findings show that government-enforced protections for right whales – already requiring restrictions on vessel speed limits and fishermen’s lobster and fish trap lines and buoys – will need to be adjusted as the whales shift their movements and habitats.

After two decades of warming waters in the Gulf of Maine, right whales – a population now estimated at just 336 animals at risk from ship strikes and entanglements in fishing gear – are relying much more on Cape Cod Bay as their food supply has changed.

“The time of year when we are most likely to see right and humpback whales in Cape Cod Bay has changed considerably, and right whales are using the habitat much more heavily than they did 20 years ago,” said Dan Pendleton, a research scientist at the New England Aquarium’s Anderson Cabot Center for Ocean Life, in a summary issued by the aquarium. Pendleton is lead author of the study and its team of whale scientists in the U.S. and Canada.

Read the full story at National Fisherman

WPFMC trying to tackle suite of issues, criticizes lack of NOAA support

April 8, 2022 — The Western Pacific Fishery Management Council (WPFMC) is trying to tackle multiple problems faced in its jurisdiction, including ineffective whale bycatch solutions, U.S. Endangered Species Act (ESA) consultations, creating more-equitable fisheries, and issues regarding fishery rights in American Samoa.

The council has been working to tackle how to handle false killer whale bycatch in the region’s tuna fisheries – mainly in Hawai’i and American Samoa. In 2013, a plan to use weaker circle hooks that are 4.5 millimeters or less in diameter was created. The weaker hooks were supposed straighten and release whales caught while still remaining strong enough to hook bigeye tuna and other marketable fish species.

Read the full story at SeafoodSource

 

MAINE: House advances bill to support lobster fishing industry

March 28, 2022 — The Maine House delivered a strong bipartisan vote Thursday to advance a measure sponsored by Rep. Holly Stover, D-Boothbay, that would provide direct relief funds to Maine’s lobster fishermen impacted by recent federal regulatory changes. The vote was 116-18.

Following the closure of approximately 1,000 square miles of federal waters off the coast of Maine, LD 1898 would establish the Atlantic Large Whale Take Reduction Impact Fund to provide compensation for the immediate financial losses felt by lobster fishermen.

Read the full story at the Boothbay Register

 

Lawmakers eye grants to fund innovation to save right whales

February 22, 2022 — Lawmakers from Massachusetts and New Jersey want to set up a new grant program to help develop technology that assists in saving a rare species of whale from extinction.

The North Atlantic right whale numbers less than 340 and faces threats from collisions with large ships and entanglement in fishing gear. They are the subject of numerous new fishing rules designed to improve their chances of survival.

Read the full story from the Associated Press