July 15, 2022 — A federal judge ruled last week that federal fisheries regulators are not doing enough to protect North Atlantic right whales, an endangered species, from fishing gear used by New England’s lobster and crab fisheries.
The ruling – and the changes that it might compel – are another blow to Maine’s lobster industry. But, more, it is a condemnation of the National Marine Fisheries Services plans to protect the whales, which are thought to number less than 400. The judge, James Boasberg of the U.S. District Court for the District of Columbia, blasted the agency for approving a plan last year that allowed for continuing entanglements of whales in lobster and crab gear while gear changes were implemented to reduce these entanglements. For example, the plan allowed 2.6 entanglements in lobster and crab gear that could cause death or serious injury to right whales each year through 2025, although NMFS calculated that only 0.8 entanglements should be allowed in federal waters to preserve the whale population.
At the same time, we’d encourage the lobster industry to move beyond messages that emphasize fighting regulations to highlight some of the many changes they have already made to reduce the threat to right whales. For example, many lobstermen in Maine are in the midst of replacing their trap lines with lines that will break away if hit by a whale. They are also marking their gear to better identify if rope from Maine is entangling right whales.
Judge Boasberg acknowledged this work, but essentially warned that it might not be enough. In his opinion, which is littered with marine metaphors, he also recognized the harm that more stringent restrictions could have on the lobster industry. That, he wrote, is why he asked the parties to work together to come up with more protective solutions.
As years of negotiations, rule changes and lawsuits have shown, this is no easy task. But, it is better than having draconian measures imposed by a court.