BOSTON — A proposed state fund would provide financial relief to commercial lobstermen whose livelihoods are being impacted by state and federal regulations aimed at protecting critically endangered North Atlantic right whales.
Tucked into a $52.7 billion state budget awaiting action by Gov. Charlie Baker is a proposal to create a new grant program with $500,000 in initial funding.
The plan calls for providing grants of up to $5,000 to licensed lobstermen to help offset the cost of purchasing new gear and equipment needed to comply with the new whale protection rules. The grant money must be distributed in a “geographically equitable manner” under the proposal.
Senate Minority Leader Bruce Tarr, R-Gloucester, who pushed for the funding, said it will help buoy lobstermen who are struggling to afford the expense of upgrading their gear and equipment.
“The cost and economic hardship involved with protecting right whales is falling squarely and heavily on the shoulders of those who depend on our commercial lobster fishery for their livelihood, and a significant part of that burden is the cost of new gear being required just to be able to keep fishing,” Tarr said.
“This grant program confronts that expense head-on and will also help expedite new gear in the water to minimize the risk of harm to the whales,” he added.
Tarr and other lawmakers had pushed for a larger $12 million “mediation” fund, but that proposal didn’t make it into the final version of the budget.
New federal regulations that went into effect in March require lobstermen to make gear modifications to reduce the number of vertical lines in federal waters and establish areas that will be off limits during the winter months.
In some locations, the new rules also require buoyless — meaning ropeless — fishing gear, a new and costly technology that brings lobster traps to the surface using wireless signals.
Besides complying with the new federal rules, Massachusetts lobstermen have had to deal with the closure of lucrative fishing grounds from March to May for the past two years to help mitigate the possibility of gear entanglements with migrating whales.
Lobster industry officials say it’s the largest fishing closure, by percentage, implemented by any state and has had a major impact on livelihoods.
“We’re dealing with some of the strictest regulations in the Northeast and have over 11,000 square miles that are closed to lobster fishing,” said Beth Casoni, executive director of the Massachusetts Lobstermen’s Association. “Lobstermen are being told they can’t go to work, so it’s only fair that they should be compensated.”
Casoni said the weaker ropes and other gear are more costly, and have a shorter life-span than older trapping equipment. Meanwhile, supply-chain issues mean the new fishing gear is becoming harder to find, and that’s driving up costs.
Meanwhile, lobstermen are getting hit with inflationary costs such as higher prices for fuel, which is putting an additional squeeze on their businesses, she said.
Environmental regulators say the state and federal protections are necessary to prevent the extinction of North Atlantic right whales, whose numbers have dwindled to about 330 worldwide due to ship collisions, entanglement in fishing gear, and poor reproduction rates.
When right whales become entangled in fishing gear, they can drown or die over an extended period due to injuries, infections, or starvation, environmentalists say.
Commercial fisherman say they, too, are concerned about right whale fatalities, but point to federal data showing entanglements with fishing gear are rare.
The rules are being challenged in federal court by the lobster industry, but opponents have yet to convince a judge to overturn them.
Last week, the U.S. Court of Appeals for the First Circuit in Boston issued a ruling reinstating the seasonal closure after rejecting a request to halt enforcement of the rules.
The appeal court’s decision followed a U.S. District judge ruling in a related case that the federal government hasn’t done enough to protect the whales from entanglement in fishing gear, and that new protections are needed.
The lobster fishery is one of the most valuable in the U.S. and was worth more than $700 million at the docks last year in Maine alone.
In Massachusetts, which ranks second behind Maine, 16,688,233 pounds worth $93,122,838 were landed in 2019, according to a National Oceanic and Atmospheric Administration fisheries’ report. Gloucester is the state’s top port for lobster landings, and Rockport is in the top five.
Other Northeast states are also looking to provide relief for commercial fishermen as they struggle to adapt.
Maine’s lobster industry is getting more than $17 million in financial support from the federal government as part of a $1.5 trillion omnibus funding package signed by President Joe Biden in March.
The spending bill provides $14 million to help lobstermen cover the cost of new gear and equipment.
Maine lawmakers have also approved a $30 million relief fund using federal pandemic money to help the lobster industry cover the cost of complying with the rules and a legal defense fund to help them challenge the rules in court.
In Massachusetts, lobster industry officials say they are working with lawmakers for more relief, and are hoping for reconsideration of the $12 million fund.
Baker has 10 days from Monday’s approval of the budget to sign the spending package, veto it, or return portions to lawmakers with proposed changes.
Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@northofboston.com.
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