In a 22-13 vote, the U.S. House Natural Resources Committee advanced legislation that would extend a five-year pause on new lobster regulations related to North Atlantic right whales through 2035.
“Protecting the North Atlantic right whale and supporting America's fishing communities are goals that can and must go hand in hand. By extending the current regulatory framework through 2035, the Northeast Lobsterman Protection Act provides the time needed to develop durable, science-driven solutions that protect this endangered species without imposing unnecessary burdens on fishermen,” U.S. Representative Mike Lawler (R-New York) said in a release.
The Northeast Lobstermen Protection Act builds on a moratorium Congress put in place in 2022, which was itself a response to a 2021 biological opinion that nearly resulted in severe restrictions on commercial lobstermen to protect North Atlantic right whales. Though the biological opinion was ultimately vacated by a court due to NOAA Fisheries’ use of worst-case scenarios in evaluating the impact of lobstering on the whales, the incident left the industry shaken. To alleviate those concerns, lawmakers passed a moratorium on any new regulation on New England lobstermen related to North Atlantic right whales into early 2029.
There are fewer than 400 of the whales left in the ocean, and NOAA Fisheries lists vessel strikes and entanglements as the two main threats to the species. Congress has annually approved tens of millions of dollars to study the whales and address any conflicts between their survival and commercial fishing interests.
That moratorium is set to expire in 2029, but in a statement, U.S. Representative Jared Golden (D-Maine) claimed that regulators still don’t have the data they need to make new rules.
“In 2022, Congress enacted this regulatory pause and funded new efforts to gather information to support a data-driven process establishing rules that made sense for both the fishermen and the whales. But, today, the rulemaking process is behind schedule for reasons that have nothing to do with Maine fishermen. At the same time, those charged with gathering the necessary data say more time is needed to ensure regulations can incorporate the best available science. Mainers are not asking for much. We just need more time,” Golden said.
The legislation will need to be passed by both the full House and Senate before going to U.S. President Donald Trump to be signed into law.
The White House has already backed the legislation, releasing a statement of administration policy recommending its passage.
“This bill aligns with the Administration’s priorities in Executive Order 14276, Restoring American Seafood Competitiveness, to promote the adoption of new technology and the productive harvest of our seafood resources. If H.R. 8509 were presented to the President, his senior advisors would recommend that he sign it into law,” the White House stated.
Earlier this month, the White House asked the New England Fishery Management Council to deprioritize any ropeless gear requirements for the lobster sector.
The Northeast Lobstermen Protection Act has been criticized by conservation groups, which argued that the whales need better protections and regulators have the information they need to take action.
“For far too long, North Atlantic right whales have been getting entangled in fishing gear while we’ve debated and studied what to do about it,” Oceana Senior Campaign Director Gib Brogan said in a release. “They needed more protections in 2022 when Congress ignored a mountain of evidence and decided that insufficient efforts were enough. Now, once again, lawmakers are trying to pass the buck.”
