Dive Deeper

Federal law requires reducing risk to endangered right whales. Here’s what the rules are today—and what’s on the table.

It’s been hard to keep track of all the lawsuits, hearings, gear changes, and court decisions over the years. Here’s what the law actually says, which rules are in effect right now, and what’s coming next.

There are two federal laws that require the government to reduce risk to right whales. 

The Marine Mammal Protection Act (MMPA) established the framework for the federal whale plan, and the Take Reduction Team as the body that advises NMFS on the development of the whale plan. The MMPA limits the number of right whales that can die due to fishing entanglement. The risk-reduction target is based on the difference between estimated deaths from U.S. fisheries and the right whale’s Potential Biological Removal, or PBR. PBR is the maximum human-caused loss the population can sustain while still recovering. For right whales, the PBR is less than one per year.

The Endangered Species Act (ESA) requires a Biological Opinion to ensure the federal lobster fishery does not risk the survival and recovery of right whales. The Biological Opinion requires a Negligible Impact Determination (NID) under the MMPA in order to authorize the federal fishery. This is difficult because NID is more conservative than PBR and is close to zero. That is why NMFS included a Conservation Plan in the last Biological Opinion that required a 98% risk reduction. 

These laws remain on the books across changes in federal administrations, and can only be changed by Congress.

Current Maine-specific requirements include:

  • Removing Rope from the Water:

    • Trawling up (increased traps per trawl): The number of buoy lines in the water must be reduced by requiring more traps per buoy line.
    • Sinking groundline: Line between traps on the seafloor must sink to avoid creating loops in the water column.
    • Seasonal closures: Certain areas and seasons must be closed to fishing when whale risk is highest. LMA1 Seasonal Restricted Area is closed to fishing with buoy lines from October through January.

    Weakening and Marking the Remaining Rope:

    • Weak rope and weak links:  All buoy lines are required to use 1700 lb breaking strength engineered weak rope or weak inserts at certain points in the line to reduce the chance a whale stays entangled or gets severely injured.
    • Gear marking: Maine gear must include purple buoy line segments. This helps in identifying gear if it is recovered from a whale. Additional green markings are required for gear fishing in federal waters.

    Other Requirements

    • No buoy lines at the surface
    • No wet storage of gear; all gear must be hauled at least once every 30 days
    • Maintain all buoy lines as knot-free as possible

    Maine Exempt waters – Choose One

    • Incorporate 600 lb breakaway below the buoy
    • All buoy lines must be made of sinking rope
    • All ground lines must be made of sinking rope

Congress paused any new whale regulations until December 31, 2028, and deemed the lobster fisheries in compliance with the MMPA and ESA. It also provided more than $50 million in funds for targeted research on right whale presence in the Gulf of Maine and development of whale safe gear technology. The pause provides temporary relief from new whale regulations but doesn’t change the MMPA or the ESA. The pause can only be extended by Congress. 

A bill was introduced in Congress to extend the pause to 2035. The outcome of that bill is not decided. 

We need to get prepared now so we aren’t surprised later.

New whale rules and a new Biological Opinion must be implemented by December 31, 2028. NMFS has set a schedule to develop new whale rules and will convene the Take Reduction Team at the end of 2026. The current timeline estimates NMFS seeking ideas for new rules at the end of the summer (Scoping), a proposed rule in the Fall of 2027, and Final Rule in the Fall of 2028. The shape of these new rules will depend on the updated right whale population estimate, risk reduction target, data, modeling, legal review, and—importantly—input from you.

What we still don’t know

  • The specific measures NMFS will propose are still not decided.
  • We don’t know whether Congress will extend the pause.
  • New court decisions could speed up or change the timeline at any point.
This fall, the Take Reduction Team (TRT) will start developing recommendations for future regulations. Make sure your representatives at the table understand your concerns by providing your input before that happens.
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