Although federal regulators have moved ahead with rules that will require many Maine lobstermen to change their gear to minimize harm to endangered whales, many unanswered questions remain. Research, some of it paid for by lobstermen, must continue to answer these questions and, perhaps, support changes in the rules that will minimize the expense to the lobster industry while ensuring the safety of whales.

Earlier this month, the National Marine Fisheries Service issued a rule requiring the use of so-called sinking ground line along the entire East Coast. Changing from floating rope is meant to keep the line from entangling right whales, which are endangered and pass through Maine waters during their yearly migration.

The service went ahead with the rule despite concerns raised by the Office of Management and Budget that NMFS had not adequately assessed concerns that the sinking line would not be practical in some parts of Maine and had underestimated the costs of switching to the new rope.

The Government Accountability Office also found that NMFS had yet to address concerns raised by Maine lobstermen that the sinking line would likely snag on the rocky ocean bottom off portions of the state’s coast. Snagging could lead to more broken line, increasing the amount of rope that right whales could get tangled in. It would also increase costs for fishermen and could put them at risk of being hurt by damaged gear.

Worse, the service did not have a way to assess whether the sinking rope made a difference, the GAO found.

NMFS has committed to changing the rule if new information warrants it.

Even before the new rule was in place, the Maine lobster industry approved an increase in the fee lobstermen pay to trap the crustaceans if the money supports right whale research. An increase of 20 cents per trap tag is pending with the state Department of Marine Resources. The money would support research into where whales and lobster gear interact in Maine and how and where right whales feed in Maine. A more thorough economic analysis is also envisioned.

More immediately, lobstermen are concerned that not enough sinking rope will be available by next October, when the switch is required. If they can document that not enough rope will be made by then, taking into account that some manufacturers will switch to take advantage of the increased demand, implementation should be delayed in areas where whale entanglements are the least likely.

Given the lack of information – biological and economic – there are many opportunities for research to fill these gaps. In the meantime, the new rule must remain flexible.