September 1, 2021 — Federal fisheries regulators on Tuesday announced new rules for the northeast lobster industry. The rules, which are aimed at protecting endangered North Atlantic right whales, are more stringent and extensive than lobstermen and state officials had expected.
The timing of the new restrictions — which include a large area that will be closed to lobster harvesting during the height of the season — is especially problematic. To add to the frustration, the National Oceanic and Atmospheric Administration moved ahead with the new rules without essential information about whale deaths that lobstermen, the governor and the state’s congressional delegation have requested for years.
In a draft biological opinion issued earlier this year, the fisheries agency essentially acknowledged the lack of specific data on what causes whale mortality, particularly information on collisions between ships and whales. Yet, it went ahead with the restrictive rules, which also impact New England’s crab fishery.
According to data that accompanied the announcement of the new rules, NOAA was certain of the cause of death in fewer than half of the 13 right whale deaths in the U.S. since 2017. In two of those cases, gear was found entangled on the dead whale. Entanglements were suspected in five other U.S. whale deaths. The agency did not specify where the gear was from or what type it was. Three deaths were attributed to vessel strikes.
The most recent known Maine entanglement occurred in 2004, but the whale survived, the Portland Press Herald reported.
“The leading category for the cause of death for [these unusual mortality events] is ‘human interaction,’ specifically from entanglements or vessel strikes,” NOAA said in an introduction to the data.
This is a very imprecise rationale for rules that will have a significant impact on Maine’s lobster fishing industry, which is the state’s largest and most lucrative fishery.