Maine lobster industry to ‘review data and evidence’ following gear-linked whale death

The Maine Lobstermen’s Association says it is reviewing the data and evidence tied to the lobster gear-linked death of a right whale in Massachusetts–the first in two decades.

On Jan. 28 a juvenile North Atlantic Right Whale was found dead on Martha’s Vineyard. Preliminary observation by the National Oceanic and Atmospheric Administration (NOAA) indicates it was entangled by rope that included purple marks consistent with the gear marking requirements for Maine lobstermen.

The association, which represents some 5,600 independent lobstermen in the state, on Wednesday said it was “deeply saddened by the death.” The group noted it is the first reported entanglement of a whale in Maine lobster gear in 20 years, as well as the first death attributed to the fishery.

The association told IntraFish it plans to bring in a team of lobstermen to view the gear once it is publicly available. It will also review the chain of custody of the gear removal and the results of the necropsy report.

The association said it is aiming to “shed some light on how this whale became entangled so we can work with lobstermen to ensure this does not happen again.”

Maine’s Department of Marine Resources said Wednesday the investigation into this event remains ongoing. The fishery remains in compliance with the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA) until 2028.

The whale was observed entangled in August 2022 by Fisheries and Oceans Canada off the coast of New Brunswick, in the Gulf of St Lawrence. Several sightings occurred in 2023, both in the United States and Canada, where the whale was still entangled and seen in declining health, according to NOAA.

The death of the right whale means the US lobster industry in Maine is likely to remain at the center of a heated debate over its impact on the endangered mammal.

The dispute has led to lobster caught in Maine being listed on the Monterey Bay Aquarium’s red, or “Avoid” list and the revocation of the fishery’s Marine Stewardship Council (MSC) certification.

At the time it downgraded its lobster rating, Seafood Watch cited a federal court ruling showing “the two principal causes of right-whale deaths are vessel strikes and entanglement in fishing gear” as its justification for the change.

The Gulf of Maine lobster fishery has since abandoned its plans to regain its MSC eco-label.

A US District Judge in California recently dismissed a class action lawsuit brought by three Massachusetts lobstermen against the Monterey Bay Aquarium’s Seafood Watch sustainable seafood program over the negative sustainability rating bestowed on lobster by the NGO.

A separate lawsuit remains ongoing between the Maine Lobstermen’s Association (MLA), the Maine Coast Fishermen’s Association and other lobster businesses in the state, challenging the Seafood Watch ratings change and charging the aquarium with defamation.

As part of that lawsuit, Seafood Watch is trying to move the case from US District Court of Maine to a California court and also have it dismissed, a move challenged by lawyers for the groups in Maine.