Golden pushes for extension of moratorium on right whale, lobster regulations until 2035

WASHINGTON — Congressman Jared Golden (ME-02) is urging the House Natural Resources Committee (HNRC) to protect Maine’s lobstermen from new regulations related to the protection of the North Atlantic right whale until 2035. 

Golden worked with the Maine delegation and Governor Janet Mills to enact a moratorium on such regulations starting in 2023, but it is scheduled to expire in 2028. The HNRC Subcommittee on Water, Wildlife, and Fisheries met today to discuss a draft amendment to the Marine Mammal Protection Act (MMPA), which would extend the moratorium for seven more years.

“It was only three years ago that Maine’s lobster industry was on the verge of shutting down because of a regulatory process that was based on flawed interpretation of the MMPA and biased modeling that relied heavily on hypothetical threats that fisheries posed to the right whale,” Golden said. “[This amendment] would give the government the time it needs to craft regulations based on real science, reliable data and input from Mainers. And it would give lobstermen the time they need to prepare for whatever additional costs and changes to their harvesting practices may be required by new regulations.”

Golden also introduced into the record a letter in support of the amendment from Maine stakeholders, including the Maine Lobstering Union, Maine Lobster Association, New England Fishermen’s Stewardship Association and Downeast Lobstermen’s Association. (See here)

The Congressman’s full remarks, as drafted, are included below: 

“Thank you, Madam Chair. 

“The Marine Mammal Protection Act has a tremendous impact on the lives and livelihoods of the thousands of Maine lobstermen and fishermen I have the privilege to represent. So, I am grateful to you and the Ranking Member for having this hearing to discuss potential changes to the law.  

“I have serious concerns with the MMPA and I believe that changes need to be made to the law to ensure that it cannot be used to shut down entire fisheries and the communities they support. Simply put, the federal government should not be in the business of destroying the lives of hardworking Americans and thousands of small family-owned businesses based on assumptions that are not grounded in sound data.

“This is particularly true when it comes to regulations seeking to protect the North Atlantic right whale. It was only three years ago that Maine’s lobster industry was on the verge of shutting down because of a regulatory process that was based on flawed interpretation of the MMPA and biased modeling that relied heavily on hypothetical threats that fisheries posed to the right whale.

“That is why one of my proudest accomplishments in Congress was the successful effort in 2022 — working with the entire Maine delegation and our governor, on a bipartisan basis — to enact a moratorium on these regulations until 2028, coupled with additional funding to support right whale research. 

“However, based on my conversations with fishermen, more time is needed to incorporate the research and data collected during the pause into future right whale regulations. I am grateful to Congressman Begich of Alaska for working with me on this Discussion Draft and for including a much-needed extension of the regulatory pause until 2035 to ensure that any future actions taken to protect right whales are informed by a greater volume of data.

“I know that some of my colleagues, in the interest of protecting the right whale, have concerns with this Discussion Draft. So, let me share with you some facts: 

“First, and perhaps most importantly: It remains the case that Maine lobstermen do not pose an existential threat to the North Atlantic right whale. In the decades since we began tracking the cause of marine mammal serious injury and mortality, there has been only one instance where Maine lobster gear has been attributed to a right whale death — though even that linkage is tenuous at best. Maine lobstermen have a proven track record of leading the way when it comes to ocean resource conservation and mitigating the risk of whale entanglements, including the adoption of weak links and gear marking. 

“Second: The premise behind the original regulations has since been struck down by the courts. In 2023, the U.S. Court of Appeals ruled that the National Marine Fisheries Service had distorted the science and relied on egregiously wrong interpretations of the Marine Mammal Protection Act in crafting its proposed rules. The Court admonished the agency for basing its edicts on arbitrary, worst-case scenarios that were ‘very likely wrong.’ 

“Third: Fishermen need more time. In part because the court order forced regulators to go back to the drawing board, the Atlantic Large Whale Take Reduction Team won’t hold its first meeting on new regulations until 2026. If the moratorium expires in 2028, lobstermen will have insufficient time to plan for new regulations and may well find themselves unable to comply and forced to stop fishing entirely. 

“Maine’s lobster fishery has most recently been valued at more than half a billion dollars — and that’s just the value of the catch. It also supports tens of thousands of jobs. It is an iconic part of our state’s economy, heritage and appeal to visitors. As the largest source of lobster in the country, this fishery is an integral part of domestic and international supply chains.

“Maine’s fishermen are responsible stewards of our marine resources. No one is more invested than they are in ensuring a healthy ocean ecosystem. I urge my colleagues to support this amendment. It would give the government the time it needs to craft regulations based on real science, reliable data and input from Mainers. And it would give lobstermen the time they need to prepare for whatever additional costs and changes to their harvesting practices may be required by new regulations. 

“To close Madam Chair, I ask unanimous consent to submit into the record a letter from fishermen on both coasts in support of the MMPA Discussion Draft. Signatories on the letter include my constituents in the Maine Lobstering Union, Maine Lobster Association, New England Fishermen’s Stewardship Association and Downeast Lobstermen’s Association. 

“Thank you and I yield back.”

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