September 9, 2022 — A US District Court judge in Washington, D.C., handed a victory Thursday to environmental groups and rejected a challenge to federal rules to protect North Atlantic right whales that was brought by New England lobstermen, who argued the requirements go too far and are based on flawed data, court records show.
The ruling prompted sharp reactions from both sides of the issue.
Maine Governor Janet Mills, criticized the judge’s decision as being “so out of touch with reality.”
“The National Marine Fisheries Service has consistently interpreted the data in the most conservative way possible, without accounting for the impact of ship strikes on whales and whale entanglements in Canadian snow crab gear, putting all of the burden for right whale protection squarely on the shoulders of Maine’s lobster fishery,” Mills said in a statement.
“The good news today is that the court upheld the agency’s science,” Davenport said in an interview. “Of course, from the conservation point of view, the science has never really been in dispute. The question has been what’s the agency doing about the science. And our position has been that it’s not going far enough fast enough to meet the conservation crisis that the right whale is in.”
Lobstermen had argued that a report issued last year by the National Marine Fisheries Service that set new goals for reducing deaths of North Atlantic right whales “overstates the risks lobstering poses to the whale and consequently overregulates the industry,” according to court documents.
“Because [federal officials] overstated their industry’s risk to right whales, they contend, the Rule imposes some needless and draconian risk-reduction measures — e.g., restrictions on the number of vertical fishing lines in certain areas, seasonal closures, and the requirement that fishing lines contain weak links that whales can break free from,” Judge James E. Boasberg wrote.