Maine Lobster takes on Monterey Bay Aquarium
Since September 2021, I have written regularly about the ongoing conflict between Maine’s lobster fishing industry and conservationists concerned about the survival of the North Atlantic right whale. In one article, I cited a theory that the root of these tensions could be linked to 2015 “when conservationists urged federal agencies to institute more effective management to avert the downward trend in the right whale population, one that might well lead to the whales’ extinction.”
Maine Lobster’s Position
Maine’s lobster industry and its supporters argue that Maine’s fishery has a tradition of resource stewardship. A second point they make is that there hasn’t been a documented case of a right whale becoming entangled in fishing gear in Maine since 2004. These two points are the crux of their claim that Maine’s fishery is not responsible for the decline in the North Atlantic right whale. The lobster industry contends that there is no justification for restrictions being imposed on them. In 2021, the National Oceanic and Atmospheric Administration (NOAA) barred the traditional rope-and-buoy lobstering method in specially designated areas in Maine during the months of October through January. The prohibition was intended to reduce the chances that right whales become entangled.
There is no argument that Maine’s economy and identity is deeply entwined with lobster. In 2021 the State of Maine valued the lobster harvest at nearly $725 million. Maine’s Governor Janet Mills joined by both US Senators, Angus King and Susan Collins, offered solid support for Maine’s lobster fishery. Maine politicians contend that the financial costs of restrictions on current fishing practices will result in significant financial harm to the industry. The legal wrangling between lobster and whale advocates has now expanded to include the Monterey Bay Aquarium’s seafood rating system and several commercial businesses that sell lobster.
The lobster industry has taken aim at California’s Monterey Bay Aquarium, more precisely the Aquarium’s Seafood Watch program. The 20-year-old program developed standards that assess the sustainability of most of the seafood sold in U.S. and Canadian markets. Seafood Watch contends that the standards are based on science and collaborations. In 2022, Seafood Watch downgraded its rating for lobster caught in Canada and Maine to red. Red indicates that the seafood should be avoided. Seafood Watch’s recommendation is that: “This fishery poses a risk to overfished or at-risk species, including endangered North Atlantic right whales. Entanglement in fishing gear is the leading cause of serious injury and death to North Atlantic right whales…current management measures do not go far enough to mitigate entanglement risks and promote recovery of the species…”
Maine Lobstermen’s Association, the Maine Coast Fishermen’s Association and three Maine-based businesses responded by filing a lawsuit against Seafood Watch. The lawsuit accuses Seafood Watch of making “false and defamatory statements about Maine lobster fishing practices and for misleading consumers and commercial lobster buyers about the integrity of the Maine lobster harvest.” The plaintiffs contend that they have lost business as a result of Seafood Watch’s downgrade from the previous designation of yellow. Yellow signifies a “good alternative” while red indicates that the seafood is to be avoided. The plaintiffs demand monetary compensation for their losses. Furthermore, the suit demands that Seafood Watch remove and retract all defamatory statements.
North Atlantic Right Whales and Monterey Bay Aquarium’s Seafood Watch
The New England Aquarium in October 2021 had published data that showed that 86% of known right whales bore scars on their bodies. These scars the Aquarium contended indicate that the whales have been entangled in fishing gear. It is believed that even when whales do not die as a direct result of entanglement, their health, reproductive success, and ultimately their long term survival is negatively affected.
The population of North Atlantic right whales is currently estimated to be fewer than 340, and only about 70 are thought to be breeding females. This estimate represents a considerable decline from 2011 when the population was estimated at around 480. National Oceanic and Atmospheric Administration (NOAA) has determined that for the North Atlantic right whale to recover, less than one whale per year can be seriously injured or killed; however, mortalities “from fishing entanglement occur at levels five times higher than the species can withstand.”
Such data gives credence to Seafood Watch’s reported comment that the current lawsuit is meritless. Furthermore, Seafood Watch argues that the lawsuit ignores “the extensive evidence that this fishery poses a serious risk to the survival of the endangered North Atlantic right whale, and they seek to curtail the First Amendment rights of a beloved institution that educates the public about the importance of a healthy ocean.”
Lobster versus Whole Foods
The Monterey Aquarium is not the only entity to feel the ire of the lobster industry and its supporters. In February of this year, Maine’s Republican lawmakers unveiled legislation that would expand state control of coastal waters and fund the industry’s legal battle to overturn federal fishing restrictions. Proposed legislation also would punish Whole Foods, an upscale grocery chain in Portland, Maine because it stopped selling lobster after Seafood Watch downgraded its rating assessment to red indicating that consumers should avoid purchasing Maine lobster. Senate Minority Leader Trey Stewart, R-Presque Isle argued that Maine “shouldn’t be giving tax breaks and using Maine’s tax system to aid any organization attempting to undercut any key industry in Maine.” Others called for the boycott of companies like Blue Apron and Hello Fresh in the event they remove lobster from their meal offerings.
These punitive legislative measures have received backlash within Maine’s legislature and from state businesses. President Curtis Picard of the Retail Association of Maine expressed concern that there could be unintended consequences from these bills. He argued “it should be up to the consumer, not the government, to decide whether to punish Whole Foods for its boycott – perhaps with a boycott of their own.”
What Next?
The back and forth between lobster and North Atlantic right whale interests shows no signs of abatement. It is unclear how the courts will rule on the lobster industry’s latest move or how the court of public opinion will react. Earlier this year Maine lobster fishery managed a 6-year delay from NOAA’s fishing regulations, when the reprieve was inserted into a $1.7 trillion federal spending bill. Ultimately, the industry is concerned about their financial survival and the whale’s survival appears to be more tenuous with each entanglement.
