MLA Archives - Saving Seafood

US Chief Justice’s remarks set up likely showdown with Biden over fishing bans

March 25, 2021 — Did US Supreme Court justice John Roberts throw down the gauntlet for president Joe Biden and invite another lawsuit by the commercial fishing industry earlier this week when he expressed his disdain for past use of the Antiquities Act to block off certain parts of the ocean?

That’s what it looks like to seafood attorney Andrew Minkiewicz, a partner at the firm Kelly Drye, in Washington, D.C.

“This doesn’t happen every day or even in a lifetime,” Minkiewicz said of the apparent opportunity for the industry. “The chief justice really outlined his skepticism of the way presidents are using the power that is, or is not, granted to them in the Antiquities Act. And he raises questions a lot of us have had, like, ‘How did we go from trying to protect ancient dwellings from people robbing their artifacts to now 580,000 square miles of ocean being locked up with the stroke of a pen?”

In his four-page explanation, issued Monday, March 22, for why the high court rejected the petition for certiorari led by the Massachusetts Lobstermen’s Association (MLA) and four other fishing groups as part of an effort to allow commercial fishing on nearly 5,000 square miles in the Atlantic Ocean, Roberts practically drew a bull’s eye around the right case to be made next time, Minkiewicz and others believe.

The Pacific Legal Foundation, a libertarian public interest law firm, had argued on behalf of MLA and the other fishing groups that president Barack Obama overstepped his bounds in Sept. 2016 when he used the 1906 antiquities law and proclamation 9496, an executive order, to create the Northeast Canyons and Seamounts Marine National Monument. Roberts said the request didn’t meet the standards necessary to warrant a Supreme Court review, but his explanation indicated he strongly agreed with the sentiment.

Read the full story at Undercurrent News

MAINE: Lobstermen say NOAA’s proposed whale rule won’t work, and conservationists agree

March 1, 2021 — A Feb. 24 public hearing on a proposed National Oceanic and Atmospheric Administration (NOAA) rule aimed at reducing the risk of North Atlantic right whale entanglements in fishing lines raised questions of relevant data used in drafting the rule and its outcome for lobstermen and right whales.

These conversations have been going on between conservationists, lobstermen, NOAA and the Maine Department of Marine Resources (DMR) since 2019, when NOAA held its first public meetings on how lobstermen could adapt fishing methods to reduce the risks.

The Take Reduction Team, operating under NOAAA Fisheries, is tasked with upholding the Marine Mammal Protection Act and the Endangered Species Act (ESA). The North Atlantic right whale has been on the endangered species list since 1970, and the ESA determines a right whale mortality rate that will not further diminish their population. That rate now stands at 0.7 per year. Even one death is considered too much.

Although a new draft biological opinion just released proposes a 98 percent risk reduction to prevent right whale extinction, the TRT plan goal was based on an earlier opinion, recommending a 60 percent risk reduction. May 31 is the court-ordered deadline for finalizing the draft biological opinion and lobster fishing regulations to protect whales.

Read the full story at The Ellsworth American

Rules planned to save right whales loom over lobster fishers

February 22, 2021 — America’s lobster fishery is getting close to the date when it will have to contend with new rules designed to try to save a species of whale from extinction.

The North Atlantic right whale numbers only about 360, and scientists have said the animal’s small population of breeding females could spell doom for the species. The National Marine Fisheries Service is developing new rules to reduce the possibility of entanglement in fishing gear, which can kill the whales.

A court decision required the fisheries service to finalize the rules by May 31. The agency is on track to produce the final rules on time, said Jennifer Goebel, a spokesperson.

The whale protection rules will focus on lobster and crab fisheries in the Northeast by reducing the number of vertical lines in the water, the federal government has said. It will also modify seasonal restricted areas and make other changes, the government has said.

The coming restrictions have sparked a rancorous debate between environmentalists and lobster fishermen over the proper way to save the whale. Lobster fishing groups have said overly restrictive rules could put them out of business.

The Maine Lobstermen’s Association said the industry has a “long history of conservation of lobster resource and large whale protections.”

Read the full story from the Associated Press at NJNN

For New England lobstermen, resilience in ‘a season of uncertainty’

August 13, 2020 — “Gimmie a Hulla” motors across the glassy harbor, backed by the silhouettes of trees and the rocky shoreline. Yvonne “Beba” Rosen is heading out to haul her lobster traps at 5:30 a.m., as she does five days a week, April through November.

This is a tough season so far for Ms. Rosen, but over her 15 years of lobstering off Vinalhaven, Maine, she’s always been a better fall fisherman, she says. This season is like no other – the lobsters are slow to appear, but more than that, the coronavirus has caused trade to plummet and tourists to stay home.

Ms. Rosen squints into the sun, now sitting just above the horizon, and half shouts over the guttural diesel engine. “Tourists come to Maine to eat lobster. That’s what they do,” she says grimly, hands on the wheel.

Without the regular influx of tourists, and with restaurants across the country closed entirely or open with limitations, lobstermen in Maine and Cape Cod have gotten creative to keep operating their boats, exercising the resilience for which the industry is known.

A slow spring is not unusual, although this one was difficult because “markets were really feeling the brunt of the supply chain,” says Patrice McCarron, executive director of the Maine Lobstermen’s Association.

Read the full story at The Christian Science Monitor

Lobstering group wants to raise $500,000 for legal defense fund

May 7, 2020 — The Maine Lobstermen’s Association has launched a campaign to raise $500,000 to fund its legal efforts to protect the state’s most valuable fishery from the consequences of a recent federal court ruling that calls for more government protections for the endangered right whale.

Last month, a federal judge found the National Marine Fisheries Service had violated the U.S. Endangered Species Act by its authorization of the U.S. lobster industry – including Maine’s $485 million-a-year fishery – because it failed to report the fishery’s harmful impacts on the endangered right whale.

“This case could lead to closure of the world’s most sustainable fishery,” said executive director Patrice McCarron, whose association is the oldest and biggest lobstering group in Maine. “We cannot let that happen. Right whales are not dying in Maine lobster gear.”

Read the full story at the Portland Press Herald

US Senators call on Canada to increase right whale protection, Maine lobstermen reject DMR plan

November 20, 2019 — The Maine Lobstermen’s Association (MLA) has voted not to support a Maine Department of Marine Resources whale plan intended to reduce risk to the endangered North Atlantic right whale species.

The vote not to support the plan came just before two Democratic senators from Massachusetts – Edward Markey and Elizabeth Warren – sent a letter to NOAA Fisheries asking the organization to examine whether Canada’s Atlantic Fisheries marine mammal conservation standards are “doing enough to protect” the right whale. If not, the letter calls on NOAA to use its authority under the Marine Mammal Protection Act (MMPA) to prohibit imports and fishery products from Canadian fisheries impacting the whales.

Read the full story at Seafood Source

Maine lobster group re-engages with NOAA whale protection effort

October 31, 2019 — A lobster industry group in the US state of Maine has re-engaged with a federal government process to reduce risks to endangered right whales, The Center Square reported.

The Maine Lobstermen’s Association (MLA) said that it was encouraged by recent actions by the National Oceanic and Atmospheric Association’s (NOAA) National Marine Fisheries Service to address the group’s concerns regarding the agency’s Take Reduction Team (TRT) process to protect right whales.

“MLA is pleased that NOAA has taken our concerns seriously,” the group said. “MLA continues to work diligently with our members and in close collaboration with Maine’s Department of Marine Resources to identify management approaches that are both effective in minimizing risk to whales and proportionate to the risk from Maine fishery gear,” the MLA said.

Read the full story at Undercurrent News

German utility sets sights on New York Bight offshore wind

October 23, 2019 — The EnBW Group, a German utility company and offshore wind developer, is preparing to bid on an anticipated next round of federal energy leases in the New York Bight, and joined a partnership with commercial fishing advocates.

Beth Casoni, executive director of the Massachusetts Lobstermen’s Association, joined EnBW North America as its fisheries liaison, the company announced Wednesday.

Casoni is well known in the Northeast industry, where she has served on the Atlantic Large Whale Take Reduction Team, seafood marketing boards, and herring advisory panels to the New England Fishery Management Council and the Atlantic States Marine Fisheries Commission.

Her job is to get fishermen’s input “on offshore wind related issues and developments and conveying to them timely information about EnBW North America’s offshore wind planning and future on-water activities,” according to a statement from the company. “Among other duties, Casoni will inform and develop best management practices and strategies that support the coexistence off offshore wind and fishing.”

Read the full story at National Fisherman

NOAA answers lobstermen’s critique of whale rules science

October 4, 2019 — NOAA Fisheries released a more detailed response Wednesday to criticisms of the science it used to develop new protections for North Atlantic right whales, refuting or clarifying several points while admitting data collection remains “an ongoing challenge.”

The response was attached to a letter from NOAA assistant administrator Chris Oliver to Patrice McCarron, executive director of the Maine Lobstermen’s Association. In August, the lobster trade group withdrew its support for the right whale protection plan approved in April by the federal Atlantic Large Whale Take Reduction Team.

In its Aug. 30 letter to NOAA Fisheries, the Maine Lobstermen’s Association said it based its defection on its own analysis of the science NOAA utilized in developing the right whale protection plan that points to the lobster industry as a chief cause of whale entanglements.

The MLA said its review concluded that lobster lines and gear are among the least prevalent causes of serious whale injuries or death.

Read the full story at the Gloucester Daily Times

MAINE: Right whales and lobsters: what to do?

September 16, 2019 — When the Maine Lobstermen’s Association informed the National Marine Fisheries Service at the end of August that it was withdrawing its support for the agency’s proposed whale protection rules, it also offered a list of 10 “actions” NMFS should take.

The proposed rules could force lobstermen to remove half their vertical buoy lines from the waters of the Gulf of Maine. The Lobstermen’s Association in its letter offered 10 alternative suggestions “to develop an effective right whale protection program.”

The suggestions, most of which dealt with the way NMFS collected, interpreted or disseminated the data on which it based its proposals, ranged from the general to the extremely specific.

The association called on the fisheries service to “publish a thorough analysis of its own data regarding known sources of entanglement risk to right whales,” and to “conduct a new analysis of the risk reduction target” based on MLA-supplied data and to “reconsider” the risk reduction role in light of what the group described as NMFS’s “flawed assumptions and omission of consideration of risk posed by other U.S. fixed gear fisheries.”

Read the full story at The Ellsworth American