September 19, 2022 — Maine’s Department of Marine Resources Patrick Keliher issued the following summary of the state’s lobster industry, and the various factors bearing down on it this year.
As I have promised before, I want to make sure you are as informed as possible as the situation around right whales evolves. There have been several developments in the last week, many of which speak to the seriousness of the situation. My goal is to keep you informed and to ensure that you have the information necessary to engage in important upcoming conversations.
Maine Lobstermen’s Association V. National Marine Fisheries Service
As you know, DMR is a participant in the lawsuit filed by MLA which asserts that the National Marine Fisheries Service (NMFS) erred by failing to rely on the best scientific information in the Biological Opinion (Bi-Op) released in May 2021 and failed to account for the positive impact from conservation measures previously adopted by the Maine lobster fishery.
Unfortunately, on September 8, Judge Boasberg sided with NMFS and ruled that NMFS reasonably explained how it estimated right whale populations, NMFS appropriately assessed what was the best available information, and NMFS met the requirements under the Administrative Procedures Act. While this does not preclude NMFS from considering the arguments made by the MLA, DMR and others in the future and choosing to take a less conservative approach to a revised BiOp and rule, the judge will not force NMFS to do so.
I am extremely disappointed by this decision, and I continue to believe that the assumptions NMFS made in the Bi-Op overstate the risk in the Maine lobster fishery. We are evaluating our options at this time, but I can confirm that after consulting with Governor Mills, to leave all our options open, we have directed our legal team to file a Notice of Intent to appeal.