Maine lobstermen win big in whale protection case, thanks to Appeals Court.

Victory for Lobstermen as Court Rules Against Overreaching Fisheries Service

The U.S. Court of Appeals for the District of Columbia Circuit has delivered a major win for lobstermen, ruling that the National Marine Fisheries Service (NMFS) exceeded its authority with a plan to drastically reduce the number of lines placed in the water by 98 percent within a decade.

Jason Joyce, an eighth-generation lobsterman from Swans Island, Maine, expressed his excitement, stating, “It’s a huge win.” The lobstermen argued that the policy plan set an unrealistic standard and lacked reliable data to prove that Maine lobstermen were harming whales.

The Maine Lobstermen’s Association (MLA) policy director, Patrice McCarron, echoed Joyce’s sentiments, stating, “MLA is grateful for the panel’s thorough and unanimous opinion that exposes the flaws in the biological opinion that lobstermen have been emphasizing from the beginning.”

Appeals Court Judge Douglas Ginsburg, writing for the three-judge panel, strongly criticized the NMFS’s legal reasoning, stating that it was “egregiously wrong.” The court emphasized that the NMFS must base its decisions on the existing law, rather than relying on legislative history.

McCarron emphasized that the MLA’s fight is not over, stating, “While today’s decision is great news, our work will continue.”

In September 2021, the MLA, along with the Maine Department of Marine Resources and others, sued the NMFS over rules aimed at protecting the North Atlantic right whale. The lobstermen argued that the NMFS used skewed data and worst-case scenarios to justify its regulations. Despite a federal judge’s ruling in favor of the NMFS, the recent appeals court decision has given lobstermen hope for a fresh start.

Jason Joyce believes it’s time to collaborate with state and local entities to conduct a scientific study on North Atlantic right whales and find the best way to protect them while preserving the lobster fishery. McCarron shares this sentiment, hoping that the decision will prompt the NMFS to develop a new plan based on accurate data and the best available science.

Lobstermen have already implemented measures to reduce entanglement risks, such as using non-floating lines and incorporating “weak links” that break under pressure. They are committed to minimizing harm to whales and are willing to do their part.