Saving Seafood

News for the New England Region

NOAA broke law by not protecting right whales, judge rules

July 12, 2022 — NOAA violated federal law by not doing enough to protect endangered North Atlantic right whales from entanglements caused by lobster fishing gear, a federal judge said Friday.

In his ruling, Judge James Boasberg of the U.S. District Court for the District of Columbia said the agency broke both the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA) when it issued a biological opinion and a final rule that changed fishing gear requirements last year.

Boasberg declared both the biological opinion and the rule “invalid” and said more needs to be done to protect the whales.

The judge acknowledged that “this may seem a severe result” for both NOAA Fisheries and the lobster industry but added that “no actor here … operates free from the strict requirements imposed by the MMPA and ESA.”

NOAA declined to comment.

The ruling marked a win for the Center for Biological Diversity, the Conservation Law Foundation, and Defenders of Wildlife, groups that first sued NOAA in early 2018 over a prior biological opinion.

“The court’s decision recognizes what NOAA Fisheries has ignored for decades — that Congress clearly intended to protect right whales from the lobster gear entanglements that are driving the species toward extinction just as surely as whaling nearly did,” said Jane Davenport, senior attorney at Defenders of Wildlife.

Davenport said the opinion represented “the course correction the agency needs to put both the species and the fishery on a path towards sustainability and co-existence.”

Read the full story at E&E News

Atlantic Herring: Council Receives Update on 2023-2025 Specs; Discusses Status of Framework 7, Industry-Funded Monitoring

July 12, 2022 — The New England Fishery Management Council covered three issues related to Atlantic herring when it met June 28-30, 2022 for a hybrid meeting in Portland, Maine.

SPECIFICATIONS: The Council received a brief update on 2023-2025 herring specifications, which are under development. The Herring Plan Development Team (PDT) is working on the action, and the Council’s Scientific and Statistical Committee will develop the overfishing limit (OFL) and acceptable biological catch (ABC) recommendations at an August 4, 2022 meeting. The annual catch limit (ACL), area-specific sub-ACLs, and other fishery specifications will flow from the ABC. The Herring Advisory Panel and Herring Committee will meet later this summer to review the specifications and recommend preferred alternatives for Council consideration. The Council will take final action during its September 27-29, 2022 meeting.

The specifications will be informed by the peer reviewed results of the June 2022 Herring Management Track Assessment, which was conducted immediately preceding the start of the Council meeting. Herring was last assessed in 2020 and was determined to be overfished, although overfishing was not occurring. Results from the new 2022 assessment are being finalized, but it does not appear the status of the resource has changed much from the previous assessment.

Read the full release here

 

Judge says NMFS right whale plan still not enough

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.”

Read the full story National Fisherman

Weak protection for vanishing whales violates law, judge says

July 11, 2022 — The federal government hasn’t done enough to protect a rare species of whale from lethal entanglement in lobster fishing gear, and new rules are needed to protect the species from extinction, a judge has ruled.

The government has violated both the Endangered Species Act and the Marine Mammal Protection Act by failing to protect the North Atlantic right whale, U.S. District Judge James Boasberg ruled on Friday. The whales number less than 340 in the world and have been declining rapidly in population in recent years.

The ruling came after a group of environmental organizations sued the federal government with a complaint that it wasn’t doing enough to save whales from lobster gear. Boasberg’s ruling validates that claim, said Kristen Monsell, an attorney for the Center for Biological Diversity, one of the groups that sued.

The Maine Lobstermen’s Association, the largest fishing trade group on the East Coast, said in a statement that it was still reviewing the ruling. The association also pointed to a section of Boasberg’s ruling that said the National Marine Fisheries Service “may find that other measures exist to reduce lethal take, or that projected take is in fact lower than originally estimated.” That renders the ruling “a mixed bag,” the association said.

The whales were once numerous, but they were decimated during the commercial whaling era. Some scientists have said warming ocean temperatures are causing them to stray from protected areas in search of food, and that has left them more vulnerable to collisions and entanglement.

Read the full story at Associated Press

After many years, New England cod seems to be rebounding from overfishing

July 8, 2022 — Atlantic cod, a fish that was foundational to New England’s economy, is being caught at historically low levels. But a research scientist says cod is in the early stages of a comeback.

Transcript

LEILA FADEL, HOST:

Atlantic cod was central to building New England’s economy. But today, the fishing industry pulls in historically low levels because of strict limits on the catch. A research scientist, however, has new data that suggests cod might be staging a comeback. From The Public’s Radio in Rhode Island, Ben Berke reports.

BEN BERKE, BYLINE: Before Raymond Lees goes fishing, he stops by Reidar’s Trawl Gear in New Bedford, Mass., where he buys custom nets that help him avoid certain types of fish. For commercial fishermen like Lees, cod is known as a choke species, meaning fishermen catch so much of it by accident, they sometimes hit their quota and have to stop fishing for what they really want.

RAYMOND LEES: I’ve been scalloping close to five years because I haven’t been able to fish what I was traditionally trained to do, and that’s chase codfish and flounders.

BERKE: Shop owner Tor Bendiksen is a former fisherman himself.

BERKE: As he trims a net design his family has been refining for generations, Bendiksen says he’s watched the number of boats fishing for cod out of New Bedford shrink by 90%.

TOR BENDIKSEN: Well, we went from, you know, a huge fishing business, as far as the groundfishing fleet’s concerned, of, you know, 300 boats down to, you know, 20 boats, which is – what? – two dozen boats.

BERKE: Fishing ports up and down the East Coast suffered similar fates. It’s been a long decline for a fishery that built New England. Back in the 1600s, tales of an ocean full of cod lured the pilgrims to Plymouth Rock. But after centuries of good catches, nets started to come up light in the 1980s. The federal government kicked foreign fleets out of American fishing grounds. And by the mid-’90s, regulators closed areas of the ocean to American fishermen, too. Some areas are still closed because regulators believe cod never rebounded from overfishing. But new research from Kevin Stokesbury, a professor of fishery science at the University of Massachusetts Dartmouth, is challenging that claim.

KEVIN STOKESBURY: For the first time in about 20 years, we have seen and are tracking a successful year class of cod. And they seem to be growing at a very good rate.

Read the full story at NPR

Justin Mello: First, ground fishing takeover — next is the scallop industry

July 8, 2022 — I’ve spoken at every scallop leasing meeting and webinar against consolidation, leasing, stacking. Whatever name they throw on it, it’s bad.

We can clearly see the negative impacts on crew and community in other fisheries, for example, ground fish. Many companies, including my father’s, suffered after changes were made in the ground fish industry. I myself witnessed the quick transition when I first started unloading boats. We would unload many draggers when I first started. And about three years later we didn’t have one left. And we transitioned mostly to scallops.

The big companies push for this every so many years. They come up with different angles every time. Flexibility, safety, efficiency. But it only comes down to greed. And the sad part is, every year there are less and less voices to speak up. Especially in a year like this. Many single boat owners are selling. And there are less voices to communicate the point we are trying to make.

The bigger the company, the more bills they have, the more they take from their money makers: the boats. Even when they say they don’t take from the crew, they just take off the top. So it comes off the crew one way or another. So who’s to say they won’t pass off leasing costs? No one. All they do is add a little section on your settlement and call it “miscellaneous expense” and take whatever they want or need.

Read the full story at The New Bedford Light

Changes in Gulf of Maine may endanger lucrative fish stocks, experts say

July 8 2022 — Scientists have known the Gulf of Maine is warming rapidly, but new research suggests it’s also getting saltier, more acidic and increasingly stratified — raising concerns for its fish stocks.

The dramatic shifts in the gulf’s biochemistry are raising questions about the future of a region that has historically produced some of the world’s richest fish stocks — from cod to lobsters — and has built billion-dollar industries around them.

“We found that primary productivity, the rate at which the phytoplankton is fixing carbon in the ocean, has dropped to about a third of what it was in the early 2000s,” Barney Balch, a biological oceanographer and senior researcher at the Bigelow Laboratory for Ocean Sciences, told UPI. “That really raised alarm bells with us.”

According to Balch, decreases in primary productivity — the carbon fixing — may affect life in the gulf from phytoplankton all the way up the food chain, including fish that humans eat.

For more than 20 years, Balch and his research partners have been helping NASA calibrate and validate ocean surface temperature data collected by the agency’s polar-orbit satellites.

Many researchers have pointed to the Gulf of Maine as one of the world’s most rapidly warming bodies of water, but Balch’s paper, published this month in the Journal of Geophysical Research: Biogeosciences, is one of first to showcase the full scope of the gulf’s regime change.

While it’s not yet clear how these changes will impact the region’s ecosystems, data collected by Balch’s team suggest the base of the marine food web in the gulf is in the midst of a transformation.

Over the last 30 years, warming has mostly proven a boon to lobsters in the Gulf of Maine, especially in places, like the Penobscot Bay and the Bay of Fundy, that were historically on the chillier side of a lobster’s comfort zone.

And though Balch isn’t privy to the data being collected by Wahle and his research partners, he says it’s not a stretch to hypothesize that declines in diatoms, a primary source of nutrients for copepods, are likely to have ripple effects up the food chain — ripple effects that will ultimately impact the lobsters and some number of other fisheries.

Read the full story at UPI

Federal court rules fisheries officials didn’t do enough to protect right whales from lobster gear

July 8, 2022 — A federal court on Friday ruled in favor of environmental groups that had filed a lawsuit against the government and the Maine Lobstermen’s Association claiming federal fisheries officials had failed to protect endangered North Atlantic right whales from potentially fatal entanglements in lobster fishing gear, records show.

A judge ruled that NOAA Fisheries had violated the Marine Mammal Protection Act and Endangered Species Act when it issued a May 2021 biological opinion and a September 2021 final rule because officials had not done enough to reduce the lobster fishery’s threat to right whales, the plaintiffs in the suit said in a statement.

The lawsuit was filed in 2018 by the Center for Biological Diversity, the Conservation Law Foundation, and Defenders of Wildlife.

Read the full story at The Boston Globe

MASSACHUSETTS: How foreign private equity hooked New England’s fishing industry

July 6, 2022 — Before dawn, Jerry Leeman churned through inky black waters, clutching the wheel of the fishing vessel Harmony.

The 85-foot trawler, deep green and speckled with rust, was returning from a grueling fishing trip deep into the Atlantic swells. Leeman and his crew of four had worked 10 consecutive days, 20 hours a day, to haul in more than 50,000 pounds of fish: pollock, haddock and ocean perch, a trio known as groundfish in the industry and as whitefish in the freezer aisle.

As sunrise broke over New Bedford harbor, the fish were offloaded in plastic crates onto the asphalt dock of Blue Harvest Fisheries, one of the largest fishing companies on the East Coast. About 390 million pounds of seafood move each year through New Bedford’s waterfront, the top-earning commercial fishing port in the nation.

Leeman and his crew are barely sharing in the bounty. On deck, Leeman held a one-page “settlement sheet,” the fishing industry’s version of a pay stub. Blue Harvest charges Leeman and his crew for fuel, gear, leasing of fishing rights, and maintenance on the company-owned vessel. Across six trips in the past 14 months, Leeman netted about 14 cents a pound, and the crew, about 7 cents each — a small fraction of the $2.28 per pound that a species like haddock typically fetches at auction.

“It’s a nickel-and-dime game,” said the 40-year-old Leeman, who wore a flannel shirt beneath foul weather gear and a necklace strung with a compass, a cross, and three pieces of jade — one piece for each of his three children. “Tell me how I can catch 50,000 pounds of fish yet I don’t know what my kids are going to have for dinner.”

Leeman’s lament is a familiar one in New Bedford, an industrial city tucked below Cape Cod on the south coast of Massachusetts. In recent years, the port of New Bedford has thrived, generating $11.1 billion in business revenue, jobs, taxes and personal income in 2018, according to one study. But a quiet shift is remaking the city and the industry that sustains it, realizing local fishermen’s deepest fears of losing control over their livelihood.

Read the full story at The New Bedford Light

Maine lobster industry could receive nearly $14 million in federal aid

July 5, 2022 — Maine’s lobster industry could receive most of the $14 million the federal government is allocating to help lobstermen comply with new rules that are intended to save the critically endangered right whale from extinction.

If approved by Congress, the $14 million will be doled out to states through the Atlantic States Marine Fisheries Commission to cover costs incurred by the fishing industry to comply with the Atlantic Large Whale Take Reduction Plan. Costs may include gear modification, configuration and marking, both in federal and state waters.

Maine is expected to receive the lion’s share of the money, since the state is home to the vast majority of the American lobster fleet. Maine lobstermen already received more than $17 million in federal aid in March as part of a $1.5 trillion omnibus funding package.

It was not clear Friday how the proposed federal funding might be allocated among Maine’s 4,500 to 5,000 licensed lobstermen.

The funding has been included in the House of Representatives’ Commerce, Justice, and Science Fiscal Year 2023 Appropriations bill. The House Appropriations Committee approved the bill Friday. From there, it will be voted on by the full House.

Read the full story at The Portland Press Herald