Right Whale Habitat Protection Proposed for Entire Gulf of Maine

By Laurie Schreiber

ROCKPORT—For the past eight months, Maine’s lobster industry has been in a respite from the past 20 years of dealing with the process of making whale-protection rules.

The respite recently ended.

In June 2014, the National Marine Fisheries Service (NMFS) decided on a requirement to increase the minimum number of traps per trawl, based on area fished and miles fished from shore, with some exceptions. The goal is to reduce the number of vertical lines, thereby lowering the risk of entangling adult whales, which frequent the Gulf of Maine to feed.

NMFS is also requiring a seasonal closure for trap/pot fisheries in Cape Cod Bay and the Outer Cape from Jan. 1 to April 30; increasing the size and frequency of required gear-marks for both trap/pot and gillnet fisheries, intended to make identification of the type of fishing gear involved in an entanglement easier.

The measures become effective June 1, 2015.

Maine’s lobster industry was closely involved in the development of the vertical line rule, with industry leaders instrumental in obtaining certain exemptions from the trawling-up requirements. Inside a coastwide exemption line drawn up with industry input, Maine’s lobster fishermen are exempt from the federal rule. A secondary line was drawn that created a so-called “sliver” area, where fishermen must fish pairs. There are a number of “pocket” and buffer areas around islands that, although they’re located in federal waters, fall under the state exemption.

“That was huge,” Maine Lobstermen’s Association executive director Patrice McCarron told folks at the Maine Fishermen’s Forum in early March. For example, Mount Desert Rock is in an area of federal water that is designated for trawls of five traps. But the industry was able to get pairs there.

This chart shows the minimum trawling-up requirements under the vertical line rule implemented in 2014.
Chart courtesy of Maine Lobstermen’s Association.

The Changes by Zones

In general, Zones A, B, and C, along the eastern half of the coast, must fish pairs in state waters that are outside the exemption line, triples at 3-6 miles, 5s at 6-12 miles, and 15s at 12-plus miles.

Zones D, E, F, and G must fish pairs in state waters outside the exemption line, with quarter-mile buffers at Monhegan, Matinicus, and Criehaven islands; triple at 3-6 miles, 10s at 6-12 miles, and 15s at 12-plus miles. Zones F and G are further required to fish 20s at 12-plus miles from Nov. 1 to Feb. 29.

McCarron said the industry has safety concerns about fishing 15- and 20-trap trawls.

The process of developing the vertical line rule came on the heels of implementation of the 2009 sinking groundline rule.

Now, NMFS is proposing to expand critical habitat for endangered North Atlantic right whales, “which was a holy smokes, Batman, take your crayon and color everything in,” as McCarron put it. The proposed expanded area comprises the entire Gulf of Maine.

NMFS announced the proposed rule on Feb. 13.

“The rule, issued pursuant to a court-approved settlement agreement, would expand the critical habitat to roughly 29,945 square nautical miles, and include northeast feeding areas in the Gulf of Maine/Georges Bank region and calving grounds from southern North Carolina to northern Florida,” NMFS said. The proposed northern critical habitat areas include foraging areas. A proposed southern habitat area includes supports calving and nursing. North Atlantic right whales are critically endangered, numbering about 450 individuals.

McCarron said the MLA has reached out to the Department of Marine Resources and will be talking with NMFS.

“This is a problem,” she said. “They say it won’t affect fishing. I don’t believe them. We’ll try to coordinate a singular voice coming from Maine saying, ‘This is not okay.’ ”