December 3, 2024 โ An epic sea battle unfolded at the First Circuit Tuesday as Massachusetts fishermen tried to harpoon federal regulations that protect the North Atlantic right whale. But it appeared the judges were on the whalesโ side and, as in โMoby Dick,โ the fishermen may end up shipwrecked.
At issue is a federal rule that limits lobster and Jonah crab fisheriesโ use of buoy lines, which can entangle and kill whales.
The fishermenโs lawyer, Daniel Cragg, told the judges that the rule resulted from Congress making a โdrafting failure,โ but the judges seemed incredulous.
โAs between โCongress didnโt know what it was doingโ and โCongress did something that makes sense,โ it seems like making sense is the better option,โ U.S. Circuit Judge Seth Aframe commented dryly during oral arguments.
For centuries right whales, which average 50 feet long and 50 to 75 tons, were targeted by whalers due to their docile nature and high blubber content. By 1937, when hunting them was banned worldwide, there were only about 100 left. The species rebounded a little, but in 1970 they were listed as endangered and the population today is estimated to be around 350.