NMFS Initiates EIS Scoping Process for New MMPA Regulations to Protect North Atlantic Right Whales

On August 11, 2021, the National Marine Fisheries Service (“NMFS”) published a notice of intent to prepare an environmental impact statement (“EIS”) in anticipation of amending the Atlantic Large Whale Take Reduction Plan (“Plan”) to reduce the risk of mortalities and serious injuries of North Atlantic right whales and other large whales caused by entanglement with fishing gear along the U.S. East Coast.  86 Fed. Reg. 43,996.

North Atlantic right whales are listed as endangered under the Endangered Species Act and considered depleted under the Marine Mammal Protection Act (“MMPA”).  The most recent population analysis from 2019 estimates a total of 368 North Atlantic right whales.  According to NMFS, one of the primary causes of mortality and serious injury of the whale is entanglement in fishing gear.  NMFS also acknowledges that climate change and related shifts in prey abundance are a cause.  

The MMPA requires NMFS to develop and implement take reduction plans to prevent depletion and promote recovery of certain marine mammal stocks killed or seriously injured incidental to commercial-fishery operations.  Based on this, NMFS intends to amend the Plan to reduce the mortality and serious injury of right whales from the U.S. East Coast gillnet, Atlantic mixed species trap/pot, and Mid-Atlantic lobster and Jonah crab trap/pot fisheries.  According to NMFS, potential alternatives considered in the draft EIS may include “measures that would reduce or weaken line in gear associated with these fisheries, reduce co-occurrence of this gear and right whales, and improve identification of entangling gear.”

Comments on scoping for the EIS are due by October 21, 2021.

A copy of the notice of intent is available here.  

If you have any questions about the notice of intent or the MMPA, please contact Good Steward Legal at insights@goodstewardlegal.com.

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