April 3, 2023 — A University of Maine Law School professor says it’s unlikely a judge or jury will actually settle the science around lobstering’s impact on North Atlantic right whale mortality in a recently filed defamation lawsuit against Seafood Watch and the Monterey Bay Aquarium Foundation.
Instead, Dmitry Bam explained, the case—if it ever reaches trial—will probably turn on whether the aquarium’s seafood sustainability program was negligent or reckless about the evidence it actually used to claim that scientific data demonstrate that lobstering harms the endangered whale species.
Last fall, Seafood Watch put American lobsters on its red list of foods to avoid because it “is caught or farmed in ways that have a high risk of causing harm to wildlife or the environment.” Among the findings in a summary of its decision-making, the organization noted that nearly nine out of every 10 right whales bears scars from entanglement with fishing gear. Furthermore, “90% of entanglements cannot be linked to a specific gear type, and only 12% of entanglements can be linked to a specific location.”
It concluded that, given recent declines in an already low right whale population, lobstering in the Gulf of Maine and Georges Bank poses an unacceptable risk to the species.
The Maine Lobstermen’s Association fired back in its March 13 lawsuit that the aquarium’s claims “are in fact not supported by science, and that the aquarium’s false statements have caused substantial economic harm to plaintiffs, as well as to the Maine lobster brand and to Maine’s long-standing reputation for a pristine coastal environment protected by a multi-generational tradition of preserving resources for the future.”