Update on Federal Right Whale Rulemaking 3/12/2021
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Update on Federal Right Whale Rulemaking 3/12/2021
There was
good news!
Whale
protections in
place.
Right Whale
population
growing.
In 2017 we
find out…
Right whales
have been
declining since
2010
The ocean
changed and
they are
visiting new
habitats
Growing
pressure to
save the
species
2017-2019 right whale deaths
More Right Whale
Deaths than Babies
2017-2019 right
whale births
Looking ahead
Good news… Bad news…
26 right whale See less than
calves in last 2 years half of all right
whale deaths
But where are they dying? 2017 GSL Right Whale Incidents 2019 GSL Right Whale Incidents 12 right whale mortalities 10 right whale mortalities
Where do right whales spend their time?
2017-2020
Known Right Whale Interactions
US Lobster Gear
11 Confirmed U.S. Lobster Entanglements 1997-2019
How did we get here?
2017 2018 2019 2020 2021
• 17 whales die • 3 NARW • 10 NARW • 2 calf deaths • 1 calf death
(12 CN, 5 US) deaths (1 CN) deaths (10 CN) • 10 RW calves • 16 RW calves
• 5 calves born • 0 NARW calves • 7 NARW calves • DMR draft whale • Proposed Rule
• UME declared • NMFS 60% risk plan to NMFS includes
• eNGO’s sue reduction trawling up,
• NMFS model NMFS in DC • Court rules NMFS
violated ESA, need weak points and
determines RW District court • NMFS Decision ITS for lobster LMA1 closure
pop in decline Support Tool fishery
• MLA • NMFS releases
• Peaked at 458 intervened in • TRT met in April • Court deadline draft BiOp
in 2010 case • DMR meetings May 31, 2021 for
final BiOp • BiOp finds
• NMFS NARW 5- • TRT begins in June; trap lobster fishery
year review discussion on reductions & • Maine new gear not in jeopardy
under ESA trawling up marking
new whale • Sets 10-year
• Reinitiated rules • Stonington rally • DMR study rope
and weak points schedule for
Section 7 98% risk
consultation • NMFS Tech • MLA withdrew • DMR and zones
Memo from TRT plan reduction
(BiOp) draft conservation
• Restarted TRT
targeting • NMFS scoping equivalencies • Court deadline
lobster fishery meetings on • NMFS releases May 31, 2021
process Proposed Rule Proposed Rule
Court Cases Driving Action for Lobster Fishery
DC District Court [Lobster] US District Court Bangor [VL] US District Court Boston [VL}
2018 2019 2018
• Max Strahan sued DMR • Max Strahan sued DMF
• eNGO’s sued NMFS
and NMFS 2020
• MLA intervened • Court ordered state of Mass to
2020 obtain ITP to license vertical lines
2020 • MLA intervened 2021 Mass State Waters (effective May 1)
• Court ruled NMFS • NMFS motion to dismiss • Working to obtain ITP
violated ESA, need ITS for denied • Closed to all trap gear Feb 1 to
lobster fishery • Motion for preliminary May 15
• But does NOT shut down injunction denied • Vessels
MLA Tackles NMFS Rules
NMFS Proposed Rule NMFS Biological Opinion
• Reduce risk by at least 60% • Hold lobster fishery accountable
for right whale deaths in Canada
• Lobster fishery does not jeopardize
recovery of right whales. IF…
• Implement a 10-year plan to
Phase I of BiOp
reduce risk to right whales by 98%MLA Tackles NMFS Rules
MLA Board Reviewed the Rules One voice for fishing industry
• Board approved expanding MLA • 11 fishing industry groups signed
Whale Team (Jan 27) onto BiOp letter
• Use LDF resources • Regional lobstering groups, Maine
fishing and working waterfront
1 week
• Aligned messaging with Maine DMR
Feb 19
Mar 1
Expanded team of experts
• MLA legal counsel Submitted Extensive Comments
• Current law firm (Lewis Brisbois) 2 weeks • Substance of issues
• ESA/MMPA/Fisheries lawyer • Represent industry position
• Policy expert • Strategically address legal and
• Science/modelling expert regulatory issuesNMFS Targets the Lobster Fishery Proposed Rule & DEIS (947 pgs) Biological Opinion (556 pgs) • Published Dec 31, 2020 • Published Jan 15, 2021 • NMFS - four info meetings in Jan • NMFS – presented to NEMFC • NMFS - four public hearings in Feb • NMFS – presented to ASFMC • Comments closed Mar 1 • Comments closed Feb 19
NMFS Targets the Lobster Fishery
NMFS Proposed Rule NMFS Biological Opinion
• Modify Whale Plan • Lobster fishery does not jeopardize
recovery of right whales. IF…
• Reduce risk by at least 60% • Zero takes of large whales
• All northeast lobster fisheries (ME, • Implement a 10-year plan to reduce
MA, NH, RI, Area 3) risk to right whales by 98%
• Four phase plan through 2030
• Increase traps/trawl • Phase I: Implement Proposed Rule
(lobster fishery 60% risk reduction)
• Add weak points to vertical lines • Phase II: Gillnets and other US trap/pot
fisheries 60% risk reduction
• Change gear marking • Phase III: All federal fixed gear fisheries
another 60% risk reduction
• Close 967 mi2 closure Z’s C, D, E to • Phase IV: All federal fixed gear fisheries
LMA1 line another 87% risk reductionNMFS Targets the Lobster Fishery
Proposed Rule & DEIS Biological Opinion
PRO’s
PRO’s • Lobster fishery not found in jeopardy
• Includes most of DMR plan • Lobster fishery will not be shut down
• Maine’s new gear marking comply • Phase I implements the proposed rule which
with rules has had significant industry and public input
• NMFS is open to conservation • No additional measures until 2025
equivalencies by lobster zone and • Potential to influence future phases
breaking trawls in half with one
endline
CON’s
• Holding lobster fishery accountable for all
CON’s RW deaths
• 967 mi2 closure the length of Zones C, • Lobster fishery cannot operate without a
D, E on the LMA1 line BiOp and ITS in place
• No clear basis for the closure • Requires 98% risk reduction by 2030;
authorizes zero takes of large whales
• Many concerns over assumptions and modelMLA Comments on Proposed Rule
Substance and Analysis Proposed Conservation Measures
• Unjustifiable targets the NE lobster • Oppose LMA 1 Restricted Area
fishery • If there is a closure, use a trigger
• Split between Area 1 and Area 3 or
• 60% risk reduction is flawed bc it • Reconfigure the closure
arbitrarily assigns 50% of unknown • Oppose Ropeless Fishing
entanglements to CN and US
• Raise safety, operational and
• Fails to account for full conservation economic concerns of trawling up
benefit of weak points in VL and weak points
• Underestimates economic impact of • Recommend inclusion of
measures on lobster fishery conservation equivalencies (zone and
• Based on data from MLA survey trawls with 1 VL)
• Decision Support Tool (DST) must be • Support gear marking
improved (fishing gear threat and • Support phased in implementation
include whale behavior)MLA Survey to Revise Economic Estimates
Impact of proposed rule compared to DEIS estimates
By Boat Length Number of
DEIS AvgMLA Comments on Biological Opinion • Do not hold lobster fishery accountable for right whale deaths in Canada • NMFS inflates risk from lobster fishery and discounts risk from CN • NMFS underestimates benefits of Phase I conservation measures • Right Whale population model is unreliable • Uses unrealistic worst case scenario assumptions for 50-year projection • Phase 3 and 4 of Conservation Framework unnecessary • Oppose ropeless fishing
MLA Comments on Biological Opinion
Use Best Available Data
• Data show right whales dying in
Canada, not the US
• Use observed data to assign unknown
right whale deaths
• Between US and Canada
• Among US fisheries 64%
• Between vessel strikes and fisheries
• RW Population Model is flawed 36%
• Uses unrealistic worst case scenario 0%
assumptions for 50-year projection
• Doesn’t account for improvements in
population as measures implemented
• Improve Decision Support Tool
• Assigns equal weight to whale density,
gear density and gear type.
• Whale behavior and gear type importantStay engaged and informed!
• The lobster industry as we know it could be
erased over the next 10 years
• We must rethink how this fishery operates
to ensure our future
Support the MLA and LDF
• The lobster industry must be proactive. We
need adequate staff and expert legal, policy,
science and communication resources
What Can • This takes money and the future of the
You do to lobster fishery depends on our success. The
eNGO’s will NOT stop
Support this Encourage others to support MLA and LDF
Effort? • The fishing industry needs to come together
with a united voice to work with
experienced professionals to fight for our
future!You can also read
