Lobstermen’s input sought on whale entanglement rules

“I'm going to leave you guys with a homework assignment,” said Maine Department of Marine Resources (DMR) Commissioner Patrick Keliher, addressing the Zone A Lobster Zone Council and their constituents on June 18. Keliher, along with Carl Wilson, director of the DMR Bureau of Marine Science, and Megan Ware, DMR director of external affairs, is visiting each of the regional councils to solicit input on the development of whale entanglement rules. Zone A encompasses state waters from the Canadian border to Schoodic Point. The meeting was held in the gymnasium at Washington Academy, and the audience of about 300 nearly filled the bleachers on one side.
Keliher explained that the DMR has been asked to provide rules to help protect the endangered right whale, which in 2018 had an estimated population of 445, down by 10 from the previous year's assessment. "If we do nothing," he said, "the federal government will do it for us." The Take Reduction Plan is mandated by two federal laws: the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). The MMPA, he explained, focuses on reducing the incidence rate of whale death and serious injury and is triggered by a loss threshold based on species survival. In April of this year, the DMR Threat Reduction Team agreed to reduce that risk by 60%, he said, adding, "Our focus today is how Maine should achieve this reduction. If you meet the reduction, no further action will be required." The ESA considers other factors, including habitat reduction, and will produce a "biological opinion" in the winter of 2020, at which time recommendations will have the effect of law. Data were presented showing ship strikes, termed by Keliher "a different discussion," as being far less frequent than entanglement.
Keliher also pointed out that after the 2012 lobster community discussions the DMR recognizes that "diversity is important," including supporting regional fishing practices and maintaining the mix of small inshore boats with larger near-shore and offshore vessels.
Wilson reviewed the draft proposals, stressing that these are not final and that new regulations will include industry input. The proposals currently under review include a reduction by 50% of vertical lines in state waters -- within three miles of the coast -- and limiting the upper 75% of each vertical line in federal waters to a strength equivalent of 1,700 pounds breaking strength -- "weak toppers." Also under consideration are Maine‑only gear markings, vessel tracking in federal waters and a 100% reporting requirement. Keliher pointed out, "The Massachusetts fishery is smaller than the Stonington fishery." Wilson also described actions that are currently "left in the toolbox," including weak toppers in state waters and also seasonal closures.
Proposals must be developed soon, explained Wilson. According to a chart displayed before the audience, the DMR is expected to present final proposals to the National Marine Fisheries Service this coming September, to be followed by rules published for public comment this winter. Implementation is expected in 2021.
Ware described discussions with multi‑state and federal groups, all seeking to reduce whale mortality. "Environmental groups don't think we're moving fast enough," she said.
Response from the lobstermen was mixed, but none spoke against taking action. One topic that produced some discussion was the interactions with Canadian fishermen in the grey zone near the disputed waters around Machias Seal Island, where both Americans and Canadians are allowed to fish but are expected to observe the rules of their home country. One meeting participant suggested that Canadian lobstermen have been known to place their gear on top of American gear, thus making the 1,700-pound breaking strength problematical. "Some guys are going to lose gear," one predicted.
One participant asked, "Do we have enough of a voice?" prompting Keliher to describe letters written by Senators Susan Collins and Angus King, as well as other elected officials, in support of the industry. Collins was mentioned as having been asked to discuss using weak toppers by Canadian lobstermen operating in the grey zone. Another asked about the possibility of placing a tracking device on the whales, which was explained is impractical as "there is no good place to attach it." Several asked about computational methods, including specific risk assessment by zone. "We can have this conversation in August," Keliher said. "We'll certainly have to adjust zone‑by‑zone."
"Will these rules put a burden on the Marine Patrol?" one lobsterman asked. At that point, Keliher turned to the row of uniformed officers and said, "They're all in the room right here, so I'll say it's OK," to which the audience laughed.
Keliher concluded the two‑hour meeting by saying, "We're not making any decisions tonight. Think about this -- get together and talk about it." Current Lobster Zone A Council members include Cutler's Brian Cates -- who can be reached at 259‑7785 -- representing Cutler, Trescott and Lubec and Robert Ingalls from Bucks Harbor -- who can be reached at 255‑3418 -- representing Machias, Machiasport and Whiting. Other representatives are listed on the DMR website.