While the death earlier this month of the 3-year-old right whale found entangled in Maine lobster gear was tragic, it came as no surprise to scientists who collect and analyze the data about whale migrations and lobster gear. Despite anecdotal claims that right whales are not found in areas where Mainers fish, the data show a different story.

Between Oct. 1 and Feb. 1, there were 32 visual sightings and 89 acoustic detections of right whales, a significant representation by a species that now numbers fewer than 360 individuals. These detections occurred within and adjacent to the LMA1 offshore fishing area closure, and within LMA3 (shown here month by month, and in summary here). This data is available to the public using the WhaleMap database.

Now more than ever, it is critical that the Maine Department of Marine Resources, through routine outreach and communication, prioritizes the process of making industry members and the public aware of these right whale sightings in Maine waters. Where there is overlap of fishing gear and whale habitat use, there is risk of entanglement.

In positive news, the Department of Marine Resources has the resources to make meaningful progress on preventing entanglement like the one found on whale No. 5120 after she washed up on Martha’s Vineyard. Recent funding sources include:

• $6.9 million from the National Fish and Wildlife Foundation and NOAA dedicated to Maine testing of alternative fishing gear that removes vertical fishing line from the water column.
• $100,000 donation from Nature Conservancy of Maine going towards an alternative gear lending library
• More than $17 million through the federal omnibus funding bill, used to place 26 new passive acoustic monitors in the Gulf of Maine and increase routine aerial monitoring
• A new Lobster Innovation Fund, providing stipends to fishermen for testing alternative fishing gear

The Department of Marine Resources’ updated website is an encouraging first step in outlining the department’s planned use of these funding sources, but there is opportunity for improvement. In addition to describing future habitat monitoring efforts, a link to WhaleMap should be included, along with historical, existing and proposed survey efforts and distribution models. These data help give context for how right whales are known to be using Maine’s waters, even with limited survey effort to date.

The department’s website could also include more details and manufacturer links to alternative gear options. In addition to the 18-plus manufacturers/developers of alternative gear solutions, there are data on recent alternative gear trials and/or videos of the gear in use in a variety of commercial fisheries and pilot programs. These resources should be front and center on Department of Marine Resources’ materials about gear testing in Maine.

A timeline for the rollout of these programs would also be helpful. Where and when will there be regional gear demonstrations for fishermen to get their hands on the gear? When will gear lending libraries be available, and what will they include? What incentives will exist for Maine fishermen to try alternative gear? What is the regulatory process for using alternative gear in closed areas, and how will DMR facilitate this process?

Better information sharing can help combat misinformation and normalize a healthier regulatory collaboration between scientists, policymakers and the fishery. Fishermen who participate in alternative gear testing will have direct input in better outcomes and be ahead of the learning curve if and when alternative gear is part of entanglement prevention rulemaking.

The Department of Marine Resources has the opportunity to significantly reduce risk of entanglement for large whales in Maine fishing gear and prevent future tragedies like the death of whale No. 5120.

By making the best use of this time and funding, the agency can provide a rational, science-informed path forward that works for both fishermen and whales.

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