U.S. Representative Jared Golden (D-Maine) is urging regulators not to take any action that would enable the use of more ropeless gear in the Maine lobster fishery, arguing that it would undermine other regulatory efforts.
In a letter to the New England Fisheries Management Council (NEFMC), Golden asked regulators to abandon the Joint Alternative Gear-Marking Framework, a proposal that could eventually allow fishers to use ropeless, or on-demand, gear within its jurisdiction.
Ropeless gear does not have the vertical lines of traditional gear, which conservationists claim threaten to entangle endangered whales. Advocates of increased ropeless gear adoption claim the technology allows commercial fishing to continue even in the presence of whales, instead of fisheries being regularly shut down over entanglement risks.
The Maine lobster fishery has had a fraught relationship with ropeless gear. A 2021 biological opinion issued by NOAA Fisheries for the lobster fishery used worst-case scenarios in determining the fishery’s impact on right whales, leading the agency to implement far stricter requirements on the industry. An appeals court later reversed course, finding that NOAA’s initial analysis was flawed in using overly pessimistic assumptions.
Further shielding the Maine lobster industry from federal pressure, Congress passed a five-year pause on any regulatory overhaul of the fishery, which is set to expire in 2029. Golden was part of the Maine delegation behind including that provision.
Still, NEFMC has expressed interest in increasing the use of ropeless gear in the fishery. The Joint Alternative Gear-Marking Framework currently being considered by the council as well as its counterpart, the Mid-Atlantic Fisheries Management Council, could allow alternative digital markings for buoys and the use of ropeless fishing gear. However, council staff were clear that the framework “would not require the use of gear-marking alternatives or on-demand gear.”
“This action would not allow the immediate use of on-demand fishing until additional steps are taken,” staff said in a summary of the framework.
Despite those assurances, Golden insists in his letter that the framework would only increase confusion around what gear is allowed in the lobster fishery.
“Maine’s lobstermen are facing tremendous uncertainty, with various agencies operating in parallel considering new regulations that would fundamentally alter what it looks like to haul traps off the coast of Maine,” Golden said. “Congress enacted a moratorium on requiring this kind of gear, and that moratorium is still in effect while more data is gathered and studied. This framework, if adopted, would muddy the waters about what is required of Maine’s harvesters, and there’s no need for it.”
Maine lobster fishers have also come out in opposition to the framework, conflating it with a mandate to switch from traditional gear to ropeless gear.
“Forcing unproven ropeless gear onto our industry without reliable testing, interoperability, or regard for safety would devastate small operators and coastal communities,” New England Fisheries Stewardship Association (NEFSA) Chief Strategist Dustin Delano said in a release. “NEFSA stands with Congressman Golden in calling on the [NEFMC] to respect congressional intent and reject this framework. Our fishermen deserve regulations rooted in sound science and practical realities, not politically driven experiments that threaten the survival of America’s historic fisheries.”
"There are still so many questions about this technology, but there's one thing we know for sure: If we had to adopt it today, it would put Maine fishermen out of business," Ginny Olsen, executive liaison and political director of the Maine Lobstering Union, added.
The NEFMC was slated to take final action by the end of September, while the Mid-Atlantic Council is expected to take final action on the framework in October.
