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Game of inches: Lobster fishermen say small change in size rules could disrupt endangered industry

PORTLAND, Maine — Gerry Cushman has seen Maine’s iconic lobster industry survive numerous threats in his three decades on the water, but the latest challenge — which may seem trivial — may be the biggest yet.

Lobster fishing is a game of inches, and the number of inches is about to change. Fisheries regulators are introducing a new rule that requires lobster fishermen to adhere to stricter minimum sizes for the crustaceans they catch.

The coming change may be as little as 1/16 of an inch, or 1.6 millimeters, several lobstermen told The Associated Press, but it would have a huge impact on fishermen already facing serious threats from climate change and new regulations aimed at protecting whales.

But state fisheries regulators say the change is necessary to protect the future of New England’s lobster population, which is moving farther north as waters warm.

The change not only sparked a dispute between fishermen and regulators, but also raised questions about the implications for international trade in one of the world’s most popular seafood products.

“We really don’t need anything more on our plate. It’s just one fight after another,” said Cushman, a 55-year-old boat captain who fishes out of Port Clyde. “We don’t need anything in the market to drive down the price of lobster.”

Fishermen oppose the new rules, which are set to go into effect next summer, because they fear that even such a small change could drastically alter their ability to catch fish. They also say it would put them at a competitive disadvantage to Canada, which catches the same species of lobster and has more lenient regulations. Some worry that the size change could flood the market with lobsters in future years.

Lobster fishermen work at sunrise, Sept. 8, 2022, off the coast of Kennebunkport...

Lobster fishermen work at sunrise, September 8, 2022, off the coast of Kennebunkport, Maine. Source: AP

But recent studies have shown a decline in the population of juvenile lobsters off the coast of Maine, and regulators with the Atlantic States Marine Fisheries Commission say that could be a sign of a decline in fishing.

“We are seeing a decline in recruitment, which will likely result in a decline in adult numbers later on,” said Caitlin Starks, senior coordinator for the commission’s fisheries management plan.

America’s lobster catch is already in decline—the catch in Maine, home to the largest American lobster catch, fell from a peak of 132.6 million pounds in 2016 to 93.7 million pounds last year.

The minimum size change applies to the Gulf of Maine, a stretch of ocean off the coast of New England that is one of the world’s most important lobster fisheries. Under the commission’s rules, the legal size of the lobster catch there would change if the population of juvenile lobsters in the gulf fell by 35%.

Officials said stocks fell 39% last year compared with 2020-22 and 2016-18. That surprised regulators and fishermen alike, with many questioning the accuracy of the commission’s data.

Still, regulators say the minimum size on the gauges fishermen use to measure lobsters will increase to 3 5/16 inches (8.4 centimeters) by July 1, and will increase by another 1/16 inch two years later.

Some environmentalists support the changes, which they say would protect lobsters from depletion caused by overfishing. That’s especially important “given the unprecedented climate change in the Gulf of Maine,” said Erica Fuller, an attorney in the oceans program at the Conservation Law Foundation.

Scientists say the Gulf is warming faster than most of the world’s oceans.

“The analysis shows that the proposed increase in gauge size will impact the long-term health and resilience of the lobster population by increasing the biomass of their spawning stock,” Fuller said.

The changes do not apply in Canada, where the lobster industry is even larger than in the U.S. Some fisheries there already allow the catch of smaller lobsters than U.S. regulations allow.

Canadian authorities, trade groups closely watching U.S. regulatory action

This month, the Atlantic States Commission approved new regulations to prevent the U.S. from importing illegal lobster from Canada. The Canadian government “is committed to working with the Canadian fishing industry to help ensure continued market access,” said Barre Campbell, a spokesman for Fisheries and Oceans Canada.

The inability to sell lobsters to the U.S. could force Canadians to rely more on other foreign markets, said Geoff Irvine, executive director of the Lobster Council of Canada. China is a major buyer from both countries.

“If we can no longer sell those percentages of lobsters of that size to the U.S., we need to find places where we can sell them,” Irvine said. “What does that mean for prices, what does that mean for harvesters?”

The changes are likely to have a major impact on the lobster industry, but they may not translate to U.S. consumers, said John Sackton, a longtime seafood analyst. Prices this summer are down from recent years, according to trade data. Whether that continues depends in part on how well catches are made the rest of the year, Sackton said.

Some fisheries scientists have supported a minimal size change. Richard Wahle, a retired professor of marine science at the University of Maine who has studied lobsters for decades, called it a “prudent” measure to protect the future of the fishery.

But the lobster industry sees a different story, said Patrice McCarron, executive director of the Maine Lobstermen’s Association, the oldest and largest seafood industry association on the East Coast.

The Association believes that there is no need to take such action at present.

Although recent lobster catches are smaller than in the 2010s, the group argued in testimony before the committee that they are still significantly larger than in previous decades and that lobster fishermen also face “extreme regulatory uncertainty due to future whale regulations.”

Democratic congressman Jared Golden, who represents coastal Maine, introduced an amendment in July to block the size changes.

“It is clear that regulators need to work much more closely with fishermen to keep the industry sustainable and competitive,” Golden said.