July 11, 2022 — The latest rules to reduce right whale deaths from lobster and crab gear still don’t go far enough in reducing potential mortality, according to a federal judge who has called for a new hearing to decide on remedies.
In an opinion issued Friday in Washington, D.C., U.S. District Court Judge James E. Boasberg ruled in favor of a key complaint from environmental groups who want the National Marine Fisheries Service to do more to reduce whale entanglements with vertical lines used in East Coast trap fisheries.
Now an extremely endangered species – with a population that plunged from around 481 animals in 2011 to an estimated 345 – the north Atlantic right whale is at risk from ship strikes and fishing gear entanglement. The gear issue has been subject to litigation in Boasberg’s court since 2018.
A new complaint brought by the Center for Biological Diversity, Conservation Law Foundation and Defenders of Wildlife alleged that NMFS’ own projections show that the right whale population would still lose animals to gear entanglement at a rate that would continue the path to extinction.
The plaintiff environmental groups, who have long pushed for more dramatic action from the government, praised Boasberg’s latest opinion.
The Maine Lobstermen’s Association – named as a defendant along with the Department of Commerce and NMFS – called the ruling “a mixed bag” and took heart in Boasberg’s intention to seek remedies short of shutting the fishery.
The lobstermen’s association also noted the judge’s acknowledgement that NMFS could find “that projected take [of endangered whales] is in fact lower than originally estimated.”