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MLA Legal Defense Fund The MLA established the MLA Legal Defense Fund in March 2007 during our Annual Meeting. The LDF was established to raise revenues dedicated to help the MLA fight for common sense whale rules that protect both lobstermen and whales. 2007 MLA Legal Fund End of Year Report 2008 MLA Legal Fund Report through June 30, 2008 Critical Habitat Petition filed September 16, 2009 Five conservation groups have jointly filed a petition to the federal government to designate the entire Gulf of Maine as critical habitat for right whales under the Endangered Species Act (ESA). The petition also seeks to designate a migratory corridor in the mid-Atlantic and expand the critical nursery area habitat in the Southeast. Critical Habitat Petition Northwest Atlantic Ocean Habitats Important to the Conservation of North Atlantic Right Whales (Reference Document 08-07) Financial Assistance Programs to Purchase Sinking Groundline
During the April 2008 Take Reduction Team meeting in Baltimore, Maryland, National Marine Fisheries Service announced that they would entertain proposals for area specific exemption to the sinking groundline requirement of the Final Rule. The state of Maine, working in collobaration with Maine's TRT representatives, has submitted a proposal for review. In order for this proposal to move forward, it must be reviewed and accepted by the TRT. A list of questions generated by NMFS serves as the outline for the proposal. NMFS has also generated a list of additional information which will be needed in order for the agency and the TRT to assess Maine's proposal. A subgroup of the TRT will be meeting on July 16 to provide feedback on Maine's proposal. Maine Sinking Groundline Exemption Proposal (July 9, 2008) Maine Sinking Groundline Exemption Proposal Tables and Figures (July 9, 2008) Proposed Rule to Delay of Implementation of Sink Rope Rule NMFS announced a Proposed Rule to amend the Atlantic Large Whale Take Reduction Plan (ALWTRP). This proposed rule would provide an additional 6 months (through April 5, 2009) for trap/pot fishermen along the Atlantic East Coast to comply with the broad-based sinking groundline requirement. Additionally, this proposed rule would delete the "neutrally buoyant line" term and definition from the regulations, so that only the "sinking line" term and definition would remain. Deadline for comments was July 7, 2008. MLA's Comments in Support of the Delay Senator Snowe's Comments in Support of the Delay Senator Collins Comments in Support of the Delay Representatives Allen and Michaud Comments in Support of the Delay Maine DMR's Comments in Support of the Delay Governor Baldacci's Comments in Support of the Delay Suggestions for Commenting on the Delay of Implementation of the Sinking Groundline Rule Atlantic Large Whale Take Reduction Team Meeting (ALWTRT) The TRT met in Baltimore, Maryland from April 28 to May 1, 2008. Summary and Key Outcomes of April 2008 TRT Meeting MLA Requests Delay of Sinking Groundline Rope Rule The Maine Lobstermen's Association requested a deferral of enforcement of the sinking line rule in a letter to NMFS on April 24, 2008 and met with the new acting director of NMFS, Dr. James Balsiger, to discuss the industry's concerns and to pledge support for the on-going effort to design measures that protect endangered large whale populations. The MLA's efforts have been suported by our legal representatives at the lawfirm of Hogan & Hartson LLP. Maine's Congressional delegation has strongly advocated for effective whale protection measures that do not impose unreasonable burdens on Maine’s traditional lobster fishing communities. On June 3, 2008, NMFS announced the publishing of a proposed rule to provide an additional 6 months (through April 5, 2009) for trap/pot fishermen to comply with the broad-based sinking groundline requirement. MLA's Request for Deferral of Enforcement (April 28, 2008) Senators Snowe and Collins Request for Delay (May 5, 2008) Representatives Allen and Michaud Request for Delay (May 6, 2008) Press Release: MLA Successful in Delaying New Whale Rules (June 3, 2008) NMFS Letter to Permit Holders re Delay of Implementation (June 3, 2008) Final Whale Rule October 2007 On August 10, 2007, NMFS released the Final Environmental Impact Statement (FEIS) which contains the "preferred alternative" for new whale rules. The Final Rule was filed in the Federal Register on October 5, 2007. NMFS' preferred alternative bans the use of floating line along Maine's coast, but provides and an exemption area for lobstermen fishing close to shore. The sinking groundline requirement goes into effect in October 2008. The Maine Lobstermen's Association hosted a series of industry meetings to get feedback from the industry on the new whale rules and help to formulate MLA's comments. MLA's Comments on the FEIS Senator Snowe's Comments on the FEIS Senator Collin's Comments on the FEIS Congressman Allen's Comments on the FEIS Congressman Michaud's Comments on the FEIS Governor Baldacci's Comments on the FEIS Maine DMR's Comments on the FEIS Summary of New Whale Rules MLA's presentation at Industry Meetings Overview of MLA's Issues With Regard to Ban of Floating Groundlines Overview of MLA's Position on Ban of Floating Groundlines Right Whales: Background The MLA continues to work for the survival of the lobster industry AND right whales. The MLA is a member of the Atlantic Large Whale Take Reduction Team (ALWTRT). We have been working to ensure that new whale rules are only put in place in areas where large whales frequent, to support gear modifications that make sense to lobstermen, and to ensure that economic impacts on fishermen are considered. The MLA has been actively engaged in research to test newly developed rope technologies and other research aimed at protecting right whales, and have participated in litigation on this issue. The MLA strongly opposes a "one size fits all" broad based management approach. This approach does not take into account the high levels of variability that exist along the coast. For instance, while right whales are present in large number in both Cape Cod Bay and the Bay of Fundy, few right whales have been sighted in Maine state waters over the past 35 years where over 80% of Maine’s lobstermen work. Additionally, fishing conditions vary considerably from soft sand bottoms in Cape Cod Bay to severely rough rocky bottom coupled with strong tides and bottom currents in Maine. Gear modifications that work in soft bottom areas are often not workable in rough rocky bottom areas.
Further, these rules do not take into account all of the work the industry has done in the past and continues to do to make whales safer. Balancing concerns for Right Whale preservation along the Maine coast and the economic challenge to the lobster industry are critical considerations for the MLA. As such, there is a long history of activism and responsiveness among Maine lobstermen. Even NMFS has recognized that in certain areas and at certain times where “the residual potential for entanglement of whales . . . is minor,” then certain measures “offer little marginal risk reduction benefit” and flexibility is therefore warranted. (DEIS at 11-11) Maine lobstermen are known as good stewards of marine ecology as proven by our long history of proactive and cooperative conservation efforts. It is in our best interest to preserve and protect marine life. For nearly a decade, Maine’s lobster industry has actively participated in all ongoing efforts to protect Right Whales. From being involved in research activities to the development of new gear, lobstermen have been at the forefront of seeking best practice methods to ensure the safety of the whales. The MLA supports a common sense approach to solving this issue and will only support new whale rules that can demonstrate conservation to whales. Further, if Right Whale preservation efforts are to be successful, the burden must be shared by Canada and other industries who are directly involved in the fishing industry, but who are currently not held accountable for protecting marine mammals. |
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