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The news of a young right whale found dead entangled in rope that regulators say came from Maine’s lobster industry is as sad as it feels inevitable.
Maine lobstermen long fought against stricter rules to protect the endangered whales arguing that their gear was not the problem. They long said that there had not been a documented death of a North Atlantic right whale attributed to the state’s lobster industry. The word “documented” carried a lot of weight.
Now, based on an assessment by the National Oceanic and Atmospheric Administration that the rope wound around and embedded in the whale found off Martha’s Vineyard in Massachusetts was “consistent” with rope used in Maine lobster fishery, that narrative has changed.
The rope that was wrapped around the young female whale that was found dead on Jan. 28 was marked with purple, indicating it was used in waters off Maine. Colored markings are required by NOAA in New England to trace the origins of lobster and crab fishing gear found in entanglements. Different states have different colors.
The whale, a known as #5120, had been entangled in rope for more than a year, and rescue efforts had failed.
The body of a second right whale, also a young female, was found off the coast of Georgia last week. It had been hit by a ship. Female right whales head to the warmer Atlantic Ocean waters off the southeastern U.S. during the winters to give birth. Because they swim close to the surface, the rare whales are vulnerable to collisions with ships and entanglement in fishing gear, according to NOAA.
We have been hesitant to impose stricter rules on the state’s lobster industry without better evidence that it was harming right whales, which are an endangered species, so the death of even one of them is technically a violation of federal law.
We, and others, have long called on federal regulators to collect better data before restricting lobster fishing.
The death of one whale entangled in gear that is believed to have come from Maine is not necessarily a trend, but it is a clear sign that there is overlap between where whales transit the ocean and where some lobstermen place their gear. Learning more about that overlap, without the deaths of more whales, is crucial for decisions about restrictions aimed at protecting right whales.
Lawsuits over a proposed tightening of NOAA rules meant to protect whales are ongoing. Conservation groups say the rules are too weak. Fishing groups say they are not needed.
The protection of right whales is complicated by a measure Maine’s congressional delegation had inserted into a spending bill in 2022 that prevents new rules on lobster fishing until 2028.
This provision should not be used as an excuse to avoid taking further steps to better protect right whales, from both entanglements in fishing gear and from ship strikes.
The recent right whale deaths bring new information — and urgency — to this work.
That urgency was tepidly, but importantly, voiced by the state’s oldest lobster fishing group.
“The Maine Lobstermen’s Association (MLA) is deeply saddened by the death of a juvenile right whale that [the National Marine Fisheries Service] has attributed to the Maine fishery,” the association said in a statement last week, reiterating the belief that entanglements in Maine gear are rare.
“Maine lobstermen have made significant changes to how they fish over the last 25 years to avoid entanglement and continue gear testing,” the association added. “The MLA will continue this important work as we review the data and evidence that NMFS has collected. MLA remains committed to finding a solution to ensure a future for right whales and Maine’s lobster fishery.”
Finding solutions won’t be easy or without controversy, but recent right whale deaths emphasize why this ongoing work is essential.
