Thousands of Maine’s family-owned lobstering businesses are at risk of extinction due to a recent federal court ruling citing a violation of the Endangered Species Act (ESA) by the National Marine Fisheries Service (NMFS). The world’s most sustainable fishery could be shut down. And that is something that the Maine Lobstermen’s Association cannot let happen.

“The MLA has launched a campaign to raise $500,000 to save Maine’s lobster industry,” announced Patrice McCarron, executive director of the Maine Lobstermen’s Association (MLA). The MLA is an intervenor in the court case and is the only organization in Maine that has been granted standing to participate in the case.

In early April, Judge James Boasberg of the Federal District Court for Washington D.C. ruled that NMFS violated the ESA in permitting the lobster fishery. The judge’s opinion states that “Congress enacted the ESA in 1973 to halt and reverse the trend toward species extinction, whatever the cost.”

Whale entanglement data collected by NMFS, however, shows that no right whale deaths or serious injuries have ever been documented in Maine lobster gear. This is in stark contrast to the death of 10 right whales in Canada last year.

“Maine lobstermen have not broken any laws. For nearly a quarter of a century they have followed every law and fishery management regulation, including major changes to their gear and fishing practices to save right whales,” said McCarron. Nevertheless, the court's decision will directly impact Maine lobstermen and the communities that depend on them.

“This case could lead to closure of the world’s most sustainable fishery and we cannot let that happen. Right whales are not dying in Maine lobster gear,” McCarron continued. “Lobstermen have done everything they have been asked to protect right whales and remain committed to doing their part to save the species.”

It’s not just lobstermen whose future is at stake. “This is an urgent situation for Maine’s lobster fishing families and also for everyone in Maine who values our cultural heritage and the economic impact tourism brings to the state,” emphasized Amy Lent, executive director of the Maine Maritime Museum. An adverse decision would have a ripple effect on the thousands of businesses and communities that depend on lobstermen. Lobster is not only a Maine icon, but is an economic pillar for Maine tourism and coastal economy.

“This could mean the end of the lobstering tradition for our children,” said McCarron. “We are fighting for our lives right now, and we are prepared to appeal if it comes to that,” she said.

The MLA is calling on anyone who cares about Maine lobster to join together to save Maine’s lobster industry by making a donating to the Legal Defense Fund. Contributions may be made on the MLA website (www.mainelobstermen.org), via phone 207-967-4555, or by mailing checks, made out to “MLA Legal Defense Fund,” to MLA, 2 Storer St., Suite 203, Kennebunk, ME 04043.

#SaveMaineLobster

Save Maine Lobster background

Four environmental groups — the Center for Biological Diversity, Defenders of Wildlife, the Humane Society of the United States and Conservation Law Foundation (eNGOs) — sued the National Marine Fisheries Service (NMFS) in 2018, arguing that the agency was not fulfilling its legal mandate to protect endangered North Atlantic right whales. The case was assigned to Judge James Boasberg of the Federal District Court for Washington, D.C.

The case proceeded in two phases. Phase 1 would determine if NMFS violated the law, and if necessary, Phase 2 would decide on a remedy so that the American lobster fishery can continue to operate in compliance with the ESA. The judge ruled on the first phase deciding the legal issue of whether NMFS had violated the law. On April 9, the judge ruled that NMFS had violated the Endangered Species Act (ESA), stating “failure to include an ITS [incidental take statement] in its 2014 BiOp [Biological Opinion] after finding that the American lobster fishery had the potential to harm the North Atlantic right whale at more than three times the sustainable rate is about as straightforward a violation of the ESA as they come.”

The judge’s opinion emphasized that “Congress enacted the ESA in 1973 to halt and reverse the trend toward species extinction, whatever the cost.”

During phase two, now underway, the judge will evaluate the need for an interim solution or “remedy” to mitigate the potential risk that lobster gear poses to right whales and will hear the fishing industry’s perspective for the first time.

As an intervenor of right with full standing in the case, the MLA will correct significant factual errors in the eNGOs’ allegations that right whales are being seriously harmed by entanglement in U.S. lobster gear. Among other things, MLA will present the facts on the outsized role of Canada in right whale deaths over the last five years. Sadly, all ten right whale deaths in 2019 were attributed to Canada.

Although NMFS, and not lobstermen, have broken the law, the plaintiff eNGOs are expected to press for implementation of an administratively simple remedy, such as a closure, with far-reaching consequences for lobstermen and the businesses and communities that depend on it. Such a remedy would remain in force until NMFS completes an updated Biological Opinion (BiOp) as required under the ESA. According to NMFS, the draft BiOp is expected to be released this summer but could take up to a year to implement.