MLA News: Whale Updates

Whale Updates

DMR Gear Research Project — The Maine Department of Marine Resource’s (DMR) three-year rope testing project starts July 1. The project has four objectives: 1) use a Web-based survey to voluntarily gather information about vertical line rigging from fishermen; 2) assess the functional breaking strength of vertical lines in use throughout the Gulf of Maine region; 3) document the hauling loads experienced by fishermen throughout the region under varying conditions to determine what line strength is needed to fish safely and efficiently under different conditions; and 4) model vertical line use, strength, and hauling loads to determine the need, impact, and conservation benefit of any proposed management measures. DMR is collaborating with the region’s lobstering associations and New England states to conduct this work.

Take Reduction Team — The Atlantic Large Whale Take Reduction Team will meet in October to review the gear feasibility subgroups research efforts, any data generated from DMR’s rope research project, and discuss possible management action. The discussions will include consideration of weak rope and gear marking, at a minimum. Several groups are still strongly advocating for ropeless fishing. Biological Opinion — NMFS is continuing its work on drafting new biological opinions for all northeast fisheries. A biological opinion determines whether or not a permitted fishery could jeopardize the existence of an endangered species. A draft finding is expected before the Take Reduction Team meeting in October and could serve as the rationale to require additional management action. Lawsuits — The D.C. District court granted the MLA intervenor status in the Endangered Species Act lawsuit brought forward by five conservation groups (formerly, two separate lawsuits). Initial briefs are expected in July. Intervenor status gives the MLA and Maine’s lobster industry a voice in any court decisions or mitigation measures resulting from this case.

The state of Maine is expected to file an Amicus brief to become part of this case.The suit filed by Max Strahan in Massachusetts is still a separate case, but federal agencies are no longer named as defendants, leaving the state of Massachusetts, ASMFC, and the Massachusetts Lobstermen’s Association as defendants. On June 18, Max Strahan sent a notice of intent to sue the state of Maine and NMFS over failure to adequately protect right whales under the Endangered Species Act.Congress — Conservation groups are backing a Congressional bill “SAVE the Right Whales Act” that would provide $5 million per year over ten years (2018-2028) in federal funds to establish a new collaborative grant program to fund research that use innovative technology to reduce lethal or sublethal effects of entanglements in fishing gear and vessel collisions. Supporters of this bill held a briefing for members of Congress and staff entitled “Right Whales in Crisis” to garner support for this bill. No one from Maine was invited to participate in this briefing.

The MLA is concerned that the conservation groups supporting this bill have specific solutions in mind and they would like Congress to fund them. MLA has encouraged the Maine delegation not to support this legislation.The MLA agrees that there is a need to ways to reduce the risk that the U.S. fishing industry poses to whales. However, Canada must be held accountable for its role as well. The Canadian snow crab fishery is directly responsible for 12 entanglements since 2015 and five whale deaths. The MLA has said that if Congress is considering funding to help right whale recovery, it should instead consider funding long-term monitoring of the link between Calanus (a tiny copepod eaten by right whales) and right whale health and reproductive success.

It should fund research to develop habitat suitability models and long-term tagging technology to find out where right whales currently spend time in the region. Any work on fishing industry solutions must include all fishermen, not just those seeking access to closed areas.Canada Whale Plan — Right whales left Cape Cod Bay in mid-May and arrived in the Gulf of St. Lawrence shortly thereafter. Canada’s Department of Fisheries and Oceans (DFO) implemented a seasonal static closure beginning April 28 encompassing 1,960 square miles in the Gulf of St. Lawrence. In addition, DFO has been instituting 15-day dynamic closures in the Gulf due to right whale sightings.

There has also been one Dynamic closure that affected Grand Manan lobstermen. As of mid-June, Canada’s dynamic closures have closed 1,700 square miles to fishing. The combined total Canadian seasonal fishing closures equal approximately 3,600 square miles. By contrast, the U.S. whale plan includes a 3,000-square-mile seasonal closure of Cape Cod Bay and includes additional fishing closures in Cape Cod Bay, Great South Channel, and in the southeast region during winter months for a combined total U.S. seasonal fishing closures of 36,000 square miles.Coast Guard Gear Inspections — Northeast Coast Guard and NOAA Office of Law Enforcement units have increased offshore enforcement of Atlantic Large Whale Take Reduction Plan (ALWTRP) provisions through June 30. Between April 1 and May 30, they conducted 30 ALWTRP-related at-sea gear inspections.