FAQs
What is the North Atlantic right whale and why is it protected?
The North Atlantic right whale is an endangered large whale that ranges from Florida to Maine along the U.S. east coast, and in Canada up to the Gulf of St. Lawrence. The current population is estimated to be 384 whales. Because there are so few, the law says they must be protected.
Why is the government making new rules about lobstering and right whales, right now?
In 2022, Congress deemed the Northeast lobster fisheries in compliance with the MMPA and ESA and paused new rule through December 31, 2028.
Are Maine lobstermen going to be required to use ropeless gear?
No, ropeless fishing is unlikely to be required for use. DMR and partners are actively testing ropeless gear to keep options on the table for fishermen who may want to access areas closed to buoy lines – now or in the future. So far, field results suggest there are still major issues to work out before ropeless gear can be used. Their findings and your experience matter, and both need to be on the record.
What is a “Biological Opinion,” and how does it affect the rules I have to follow?
The Endangered Species Act (ESA) requires NMFS to prepare a Biological Opinion, or BiOp, evaluating whether the federal lobster fishery jeopardizes the survival and recovery of right whales. If the answer is yes, new rules must be made to reduce risk to levels allowed under the law.
How many right whales are there, and are they really at risk of extinction?
The current right whale population estimate is 384. Right whales have been listed as an endangered species in the United States since 1970. NMFS has developed a Population Viability Analysis (PVA) to predict the probability of quasi-extinction. Under current mortality estimates, the probability of quasi-extinction in 100 years has declined significantly to 25%.
Are right whales actually being harmed by Maine lobster gear?
Right whale entanglement in Maine gear is extremely rare. Over the last 20 years, there has been one known entanglement in Maine gear. But the law is based on the risk of whales getting tangled—not just proven cases.
What kind of gear changes are being considered or required?
Since the process is just getting started, all options are on the table and could include:
- New weak-link and weak-rope requirements
- Weak tag lines on one end of the trawl
- Removing one buoy line
- Buoy line caps
- Trap reductions
- Longer minimum trawls
- Enhanced gear marking
- Revised and/or additional seasonal buoy line closures
- Differential rules by zone (inshore vs. offshore, by depth or season)
How much will any new measures cost, and is there any financial help available?
New gear or gear modifications usually come at a cost to fishermen, but there are often efforts on ways costs could be offset. In the past, Congress has often budgeted funds to help with the costs of making changes, such as the float rope buyback program, but that is not guaranteed.
Will these rules apply year-round or only during certain seasons?
It depends on the final decision. It is likely to be a mix with some rules applying year-round and others only when aggregations of whales are around.
Are additional fishing areas going to be closed?
Static closures have transitioned into seasonal restricted areas that allow fishing without buoy lines. Seasonal restricted areas are typically used to manage fishing around predictable, persistent aggregations of whales. New seasonal restricted areas and changes to existing seasonal restricted areas may be considered. Additionally, dynamic restricted areas may be considered for areas where an unexpected aggregation of whales shows up. Nothing has been decided yet. The final rule needs to be shaped by the people who fish.
How will the final rule impact how many traps I can fish?
A variety of tools that can be used to reduce the number of buoy lines are on the table for discussion. Trap limits, changes to trawl minimums, or buoy line caps may be considered by the TRT to reduce the amount of rope in the water.
Will I have to change how I mark my gear?
Possibly because gear marking helps identify where rope comes from. More changes to gear marking could be considered, such as additional markings. It is unlikely that there will be changes to the colors assigned to state (purple) and federal waters (purple and green) in Maine.
How are these rules enforced?
State and federal enforcement officers check gear and activity. If you don’t follow the rules, you can be fined or even lose your license.
Are Canadian fisheries being held to the same standards?
The MMPA requires that foreign nations exporting seafood to the U.S. match the effectiveness of U.S. marine mammal bycatch protection. Canada’s trap/pot fisheries, including lobster and crab, have met this standard. Canada’s 5-year Whale Safe Fishing Gear Strategy takes a different approach than the U.S. and relies primarily on dynamic closures when whales are present and gear marking. Gear modifications are used in some areas. Many of the long-standing gear modifications required by U.S. fisheries such as sinking groundlines and no float rope at the surface are not broadly required in Canada. Maine fishermen in the gray zone are most acutely impacted by this. These concerns are being shared with the TRT, but you can help voice them by showing up to meetings.
Why does Maine seem to be affected by whale rules more than other states?
The TRT considers risk reduction measures that affect fixed gear fishermen in all Atlantic coast states. Massachusetts lobstermen are the most highly impacted by three seasonal restricted areas due to large, persistent aggregations of right whales. Maine lobstermen have been disproportionately impacted due to the number of vertical lines in the water. Because surveys for right whales have been limited in Maine in years past, it has been a challenge to identify where the greatest risk to entanglement may be. Maine DMR’s right whale research program is working to improve the survey data in the Gulf of Maine to help better understand where the risk is greatest.
What data is being used to connect lobster gear to whale injuries?
There is not a lot of evidence observed. Instead, scientists track individual right whales in different habitats over the course of their lives. They use repeated sightings, health information, and scars to track injuries. A coast-wide network disentangles whales and documents any rope or gear found. A stranding network investigates causes of death of deceased whales. Collectively, this information contributes to the picture, but it is often not possible to identify which fishing gear is connected to entanglement injuries and deaths. That’s why NMFS uses a risk model rather than rely on individual incidents.
Have there been recent right whale sightings in Maine waters?
Yes. Maine DMR conducts surveys from boats and planes and has sighted a small number of right whales, primarily in federal waters. DMR routinely detects right whales at passive acoustic monitoring sites, with most of those detections occurring in offshore waters. Maine DMR’s whale distribution data is publicly available and can be viewed at Whalemap.org and the Passive Acoustic Cetacean Map.
What should I do if I see a right whale?
If you see a right whale, slow your vessel speed, give it plenty of space, and consider reporting the sighting. Regulations prohibit approaching or staying within 500 yards of a right whale. You can report these “opportunistic” sightings of right whales directly to Maine DMR and the Maine Marine Patrol. If conditions allow, Maine DMR may be able to deploy resources for a sighting and if necessary, work with fishermen to consider if actions can be taken to reduce risk.
Will the final rule actually make a difference?
That is the goal. The final rule will be structured to lower the entanglement risk based on best available data so the right whale population has a better chance to grow. Over the past few years, the North Atlantic right whale population has increased which suggests that current measures are making a difference. NMFS will determine how much more risk reduction is needed to meet the legal requirements.
How long will these regulations last?
The whale rules can change over time but are likely to remain in place. As long at the North Atlantic right whale population is endangered, risk reduction measures will be required.
Can lobstermen give input before rules are finalized?
Yes—and early input matters most. You have a chance right now to provide input on what types of tools should be on the table during the public comment process, share your ideas and concerns with TRT members as management options are being developed, and comment on the proposed rule. That proposed rule comment period is the last opportunity to provide input and make changes before the rule is finalized. As options for reducing risk are developed, they will typically be discussed at Zone Council or regional meetings as a way to collect industry input to bring to NMFS and the TRT.
Who is making these decisions?
The National Marine Fisheries Service (NMFS) makes the final decision and drafts the rule. NMFS works with the Take Reduction Team (TRT) to develop the management options that achieve NMFS’s risk reduction targets. Maine has four industry representatives and one representative from DMR on the TRT.
How will this affect the future of the lobster industry?
The final whale rule could change how, where, and when you fish. The goal is to keep the fishery strong while minimizing the impact of the lobster fishery on right whales.
Are there other threats to right whales?
Yes. There are a variety of human impacts to right whales. These include vessel strikes, pollution, climate change, and offshore wind development. There are also a variety of environmental impacts such as changes in food, disease, and birthing risks.
Where can I get updates and clear information?
Stay connected to Maine DMR, your zone council, and industry groups. When updates come out, that’s when you need to pay attention and speak up. Contact us with your questions, your ideas, and to learn more about when and where to show up: