Whole Foods Market will soon stop selling lobster from the U.S. state of Maine after the Marine Stewardship Council suspended its certification of the fishery for a second time.
The suspension, effective 15 December, 2022, stems from the same reasoning behind the fishery’s first suspension in August 2020 – a suspension that was lifted in October 2021. A court ruling in July 2022 by U.S. District Judge James Boasberg determined the fishery is no longer in legal compliance with the Marine Mammal Protection Act and the Endangered Species Act.
In his ruling, Boasberg said despite attempts by the National Marine Fisheries Service and NOAA Fisheries to update regulations on the fishery, the new regulations didn’t go far enough to protect the critically endangered North Atlantic right whale. Recently updated scientific estimates indicate just 340 right whales still exist as the population continues to decline.
Whole Foods was reported to have already stopped selling Maine lobster, but Nathan Cimbala, a spokesperson for the Austin, Texas, U.S.A.-based grocery chain, told SeafoodSource that it was still selling through its existing inventory.
“we still have Maine lobster available for sale, procured prior to suspension and under active MSC certification and/or a yellow rating from Monterey Bay Aquarium (MBA) Seafood Watch," Cimbala said.
Whole Foods will resume purchasing lobster from the Gulf of Maine when the MSC suspension is lifted or when the MBA Seafood Watch program rating improves to a yellow or green rating, Cimbala said.
In September, the Seafood Watch program placed North American lobster and Canadian snow crab in the “avoid” category, primarily due to potential impacts the fishery could be having on North Atlantic right whales.
Maine Lobster Marketing Collaborative Executive Director Marianne LaCroix said loss of the MSC certification will be a blow to the industry, but he wasn't sure to what extent it would impact sales.
“We know that some customers will stop carrying Maine lobster, but I don’t have a list. I’m sure we will have a better understanding after the suspension goes into effect in December,” LaCroix told SeafoodSource. “It’s obviously disappointing because the comprehensive MSC audit completed earlier this year determined that the Maine lobster fishery was not likely to impede the recovery of North Atlantic right whales. That determination hasn't changed."
The court ruled in July 2022 that for the NMFS’ final rule and biological opinion for the lobster fishery to be invalid meant that the rules under which the fishery is operating are invalid, and MSC cannot certify a fishery operating under invalid regulations, LaCroix said.
“MLMC is working to ensure that customers and consumers understand the legal technicalities behind the fishery’s MSC suspension as well as the long history of successful right whale protections that the fishery has implemented,” LaCroix said.
Photo courtesy of Colleen Michaels/Shutterstock
