New whale plan disappoints fishermen and conservationists

Neither lobster fishermen nor conservationists are happy with a compromise proposal for new rules to prevent whale entanglements that would ban the use of floating groundlines by lobster fishermen, while allowing inshore areas to be exempted. The National Marine Fisheries Service (NMFS) recently released for public comment the final Environmental Impact Statement (EIS) evaluating modifications to the Atlantic Large Whale Take Reduction Plan.

According to Terry Stockwell, director of external affairs for the Maine Department of Marine Resources (DMR), the draft EIS did not exempt any state waters from the ban on floating groundlines, so the DMR proposed to exempt waters inside of a line that was drawn based on records of sightings of large whales. The proposed line would exempt from the new rules 71% of state waters, which extend three miles from the shore, and the DMR will use the proposal to argue for the exemption of additional areas. Stockwell comments, "We need equal protection of our industry and the whales."

John Drouin of Cutler, chairman of the Lobster Zone A Council, says the proposal is "not very favorable for Washington County." He believes the line, at a minimum, should be at the 50-fathom depth along the coastline. While the proposed line would exempt Passamaquoddy and Cobscook bays, it would run from Sail Rock in Lubec to the buoy off Bailey's Mistake, which is near shore, but it would be nearly two miles from shore off Western Head in Cutler, Drouin says. It then is perhaps three-quarters of a mile off Libby Island and runs to Freeman Rock off Beals, but he notes that it touches land on Great Wass Island. Bays such as Machias Bay would be exempt.

"I've never even seen a right whale around here," Drouin says, although he says the endangered whales are off the back side of Grand Manan.

Scott Kraus, vice president for research at the New England Aquarium, which has a right whale research team based in Lubec, observes that the proposed rules are not liked by conservationists or fishermen. While he feels the exemption line is reasonable in looking at competing needs, he adds, "If you're a right whale and come within coastal waters, you will be entangled."

He believes the proposed rule will not solve the entanglement problem, pointing to all of the vertical lines going to lobster traps along the Maine shore that are not seen by right whales. "Imagine a whale with an 18-foot wide tail trying to get through there."

Rope replacement

Although the rules are to be implemented by October 2008, Drouin says fishermen would like the implementation delayed until June 2010. "There's not enough rope for everyone to switch to sinking groundlines," he says. In addition, lobstermen who fish along rocky shores argue that the sinking groundlines get hung down on bottom. "We're not out there to overhaul our gear, we're out there to haul our gear and catch lobsters," he says.

Kraus believes that rope technology changed in the early 1990s and ropes got stronger with the use of poly blends. Also more lobstermen began fishing farther offshore, beyond 20 miles. At the same time there appeared to be an increase in right whale mortalities, he says. "We need to develop fishing gear that won't kill whales," he maintains.

According to Stockwell, a low-profile groundline is being developed that floats three feet above the bottom and takes over 90% of the floating groundline out of the water column. However, the coating is not tough enough, so another version is being tested. Stockwell agrees with Drouin that groundlines with flotation are needed when fishing on rocky habitat.

The Gulf of Maine Lobster Foundation has some funding to replace rope for fishermen, and Stockwell hopes that the federal government will provide some monies, along with the lobster fishing industry. He adds that they are challenging the conservation community to help to provide some funding, too.

The New England Aquarium had a research program working on the rope issue with the Maine Lobstermen's Association, Kraus reports, but funding for the research has been eliminated.

Lobstermen to meet

The Maine Lobstermen's Association is hosting three industry meetings to discuss NMFS's preferred alternative for new whale rules. In Downeast Maine, a meeting will be held on Thursday, August 30, from 6 to 8 p.m. at Ellsworth High School auditorium. According to Drouin, the association is notifying NMFS of its intention to sue.

The deadline for written comments is September 17. They should be mailed to: Mary Colligan, assistant regional administrator for protected resources, NMFS, Northeast Region, 1 Blackburn Drive, Gloucester, MA 01930, or by fax to (978) 281-9394.

The new rules are to be implemented within one year after the final rule is proposed, which under court order is to be by October 1.

"It's been a process that's been cooking since 2002," says Stockwell, noting that under the Endangered Species Act four fisheries, including the lobster fishery, have been identified as jeopardizing the right whale. "It's critical we all comment and move forward together," he says.